Opinion
No. 84-923.
November 5, 1985. Rehearing Denied November 26, 1985.
Appeal from the Circuit Court for Dade County; Jack M. Turner, Judge.
Horton, Perse Ginsberg and Edward Perse, Gary Garbis, Miami, for appellants.
Goodhart Rosner, P.A., and Adolfo Podrecca, Miami, for appellees.
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
This case presents the same issue as that presented in Ter Keurst v. Miami Elevator Co., 453 So.2d 501 (Fla. 3d DCA 1984). In Ter Keurst this court certified the following question:
May a trial court require the parties to exercise all of their peremptory challenges simultaneously in writing where the original panel has been thoroughly examined and challenges for cause exercised, and there remain sufficient members to comprise a jury after all peremptory challenges have been exhausted?Ter Keurst, 453 So.2d at 501.
We adhere to Ter Keurst and recertify the question. Additionally, we note direct conflict with Dobek v. Ans, 475 So.2d 1266 (Fla. 4th DCA 1985). The Olivers' second point on appeal is without merit.
Affirmed; question certified.
DANIEL S. PEARSON and JORGENSON, JJ., concur.
I concur in affirmance because of the binding authority of Ter Keurst, although I am in personal agreement with Judge Baskin's dissenting views in that case and with the contrary decision of the fourth district in Dobek.