NISSAN MOTOR CORP. IN U.S.A. v. PADILLA

No. 87-3036.

545 So.2d 274 (1989)

NISSAN MOTOR CORPORATION IN U.S.A., a California Corporation; Nissan Motor Company, Ltd., a Foreign Corporation; Datsun Boulton Motors, Inc., a Florida Corporation; and Florida Insurance Guaranty Association, a Florida Statutory Entity, Appellants, v. Ada Margarita PADILLA f/k/A aDA mARTINEZ, Individually and through Maria Falgiatore, As Guardian of the Property of Ada Padilla, Appellee.

District Court of Appeal of Florida, Third District.

January 3, 1989.


Attorney(s) appearing for the Case

Kimbrell & Hamann and W. Sam Holland and R.L. Edwards, Mershon, Sawyer, Johnston, Dunwody & Cole and Edward T. O'Donnell and Maurice J. Baumgarten, Miami, Stephen A. Lending, Gardena, Cal., for appellants.

Anderson Moss Russo & Cohen, Daniels and Hicks, Mark Hicks and Bambi G. Blum, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART, FERGUSON, JJ.


PER CURIAM.

The appellants raise several issues on appeal. The main issue is whether a judge's communication with the jury in the absence of attorneys, after the jury has retired to deliberate, requires a new trial where the attorney for the losing party had knowledge of the communication but failed to object until after the verdict was returned. We hold that under the circumstances the complaining party's right to a new trial was waived.

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