PEACHER v. COHN

No. 5D00-828.

786 So.2d 1282 (2001)

Joanna I. PEACHER, Appellant, v. Mildred Shachtman COHN, Appellee.

District Court of Appeal of Florida, Fifth District.

June 22, 2001.


Attorney(s) appearing for the Case

Thomas P. Hockman of Law Offices of Hockman, Hockman & Hockman, Winter Park, for Appellant.

Jamie Billotte Moses and Philip Turner King, Jr., of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, Orlando, for Appellee.


PLEUS, J.

The main issue in this case is whether the refusal of the trial judge to allow a third and final peremptory challenge by way of a back strike prior to swearing the jury is reversible error per se. The defendant, while conceding it was error, argues it was harmless error because the plaintiff won on the issue of liability when the jury ruled in her favor. We agree with the plaintiffs claim that it was reversible error per se.

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