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GARNETT v. McCLELLAN

No. 5D99-2558.

767 So.2d 1229 (2000)

Ethelene GARNETT, Appellant/Cross-Appellee, v. Raymond McCLELLAN, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 11, 2000.

Attorney(s) appearing for the Case

Michael P. Falkowski of Michael P. Falkowski, P.A., Daytona Beach, for Appellant/Cross-Appellee.

Roberts J. Bradford, Jr., of Wyatt & Tolbert, P.A., Daytona Beach, for Appellee/Cross-Appellant.

W. SHARP, J.

Ethelene Garnett appeals from an order granting a new trial to Raymond McClellan, the defendant below, in her personal injury action. The court granted the new trial because one of the jurors failed to disclose that he had been involved in an automobile accident. We agree with Garnett that the information was not material to jury service in this case. Accordingly we reverse the order granting a new trial and remand with instructions to reinstate the jury...

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