LOTTIMER v. NORTH BROWARD HOSP. DIST.

No. 4D03-1576.

889 So.2d 165 (2004)

Andrew LOTTIMER, individually, Appellant, v. NORTH BROWARD HOSPITAL DISTRICT, d/b/a Coral Springs Medical Center, etc., et al., Appellee.

District Court of Appeal of Florida, Fourth District.

December 8, 2004.


Attorney(s) appearing for the Case

Dan Cytryn of Cytryn & Santana, P.A., Tamarac and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Pompano Beach, for appellant.

Marlene S. Reiss and Cory W. Eichhorn of Stephens Lynn Klein La Cava Hoffman & Puya, P.A., Miami, for appellee.


ON MOTION FOR CLARIFICATION

WARNER, J.

We grant the motion for clarification, withdraw our previously issued opinion, and substitute the following in its place.

We reverse the final judgment in this case because the trial court refused to permit plaintiff to exercise a peremptory challenge to a juror prior to the jury being sworn. The rule and case law are absolutely clear that a party may exercise peremptory challenges until the jury is sworn...

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