PARIENTE, Judge.
The appellant, Sears Roebuck and Co. (defendant), appeals an order granting a new trial based on an improper ex parte off-the-record communication between the judge, bailiff and jury. While the defendant does not contest that the ex parte communication occurred between the court (through the bailiff) and the jury, it asserts the communication was not prejudicial and that the appellees (plaintiffs) waived any objection by virtue of the conduct of their...
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