Grullon v. North Miami Medical Ctr.

Full title: ANDREA GRULLON, as personal representative of the Estate of LUIS GEOVANNI…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 31, 2001

780 So. 2d 196 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D99-2493.

Opinion filed January 31, 2001.

An Appeal from the Circuit Court for Dade County, Fredricka A. Smith, Judge. Lower Tribunal No. 97-20020.

Affirmed.

Levine Finger; Ginsberg Schwartz and Todd R. Schwartz, for appellant.

Wicker, Smith, Tutan, O'Hara, McCoy, Graham Ford, P.A., and Shelley H. Leinicke, for appellees.

Before Jorgenson, Goderich, and Shevin, JJ.

PER CURIAM.

The plaintiff/personal representative in a negligence and wrongful death action appeals from a judgment entered on a jury verdict for the defendants. We affirm.

The trial court acted within its discretion in denying the for-cause challenge of venire member Maduro. See Martinez v. Hertz Corp., 696 So.2d 1212, 1214 (Fla. 3d DCA 1997) (holding that complete exchange between trial court, juror, and counsel revealed that trial court did not abuse its discretion in denying the challenge for cause).

Although we expressly disapprove the remarks made by defense counsel concerning plaintiff's attorney, no objection was lodged below. However offensive they may have been they do not rise to the level of fundamental error. See Florida Supermarkets Inc. v. White, 667 So.2d 848 (Fla. 3d DCA 1996).