Parra v. Cruz
2011 Fla. App. LEXIS 3491
| Fla. Dist. Ct. App. | 2011Background
- Petitioner Leisa Parra seeks a writ of certiorari to quash a trial court order granting post-verdict juror interviews.
- Respondents Bartolo Cruz and Janitza Lopez sought a new trial and juror interviews on grounds that jurors concealed litigation history.
- The jury found no permanent injury and awarded limited damages; Parra admitted liability.
- The trial court granted juror interviews and deferred ruling on the new trial until interviews were completed.
- The court applied a De La Rosa three-part test to determine whether nondisclosure warranted a new trial, and found lack of materiality and diligence.
- Certiorari is granted to quash the trial court’s order allowing juror interviews.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-verdict juror interviews were proper. | Parra | Cruz/Lopez | Abused discretion; not proper |
| Whether jurors' nondisclosures were material to the case. | Parra | Cruz/Lopez | Not material on case-by-case basis |
| Whether the trial court could order juror interviews at all. | Parra | Cruz/Lopez | Discretionary power limited; order quashed |
Key Cases Cited
- Schmitz v. S.A.B.T.C. Townhouse Ass'n., 537 So.2d 130 (Fla. 5th DCA 1988) (post-trial juror interviews disfavored; rare exception)
- Harbour Island Sec. Co. v. Doe, 652 So.2d 1198 (Fla. 2d DCA 1995) (strong public policy against juror interviews)
- Baptist Hosp. of Miami, Inc. v. Maler, 579 So.2d 97 (Fla.1991) (juror interviews require sworn allegations showing need for new trial)
- De La Rosa v. Zequeira, 659 So.2d 239 (Fla.1995) (three-part test for nondisclosure warranting new trial)
- Wilcox v. Dulcom, 690 So.2d 1365 (Fla. 3d DCA 1997) (materiality of litigation history to jury service)
- Birch ex rel. Birch v. Albert, 761 So.2d 355 (Fla. 3d DCA 2000) (materiality must be case-specific; nondisclosure not automatic new trial)