GARRY COX, APPELLANT,

v.

FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Citator

Cited By

• Aldret v. State, 592 So. 2d 264 (Fla. 1st DCA 1991)
  …eil, absent directions otherwise from the Florida [*268] supreme court.” 550 So. 2d at 1131. The Fourth District reached the same conclusion in Mazaheritehrani v. Brooks, 573 So. 2d 925 (Fla. 4th DCA 1990), a civil case, but held in Palmer v. State, 572 So. 2d 1012 (Fla. 4th DCA 1991) that the defendant had waived the right to complain on appeal, where the court determined the State had improperly used peremptory challenges, offered defendant the remedy of dismissing the panel and starting over, and defendant…
• Jefferson v. State, 584 So. 2d 123 (Fla. 4th DCA 1991)
  …he fact that the defendant was not prejudiced by the remedy used. This court has held that the Neil remedy may be waived by a party who does not object to the use of a different remedy, such as the seating of the challenged jurors. Palmer v. State, 572 So. 2d 1012 (Fla. 4th DCA 1991). In Palmer, the defendant declined the opportunity to commence voir dire anew, and was therefore deemed to have waived the right to the Neil remedy. [*125] The trial court’s remedy in this case was not opposed by the state, and d…
• Aldret v. State, 610 So. 2d 1386 (Fla. 1st DCA 1992)
  …rt, where trial court found state had wrongfully excluded two jurors based on race, and trial court sustained defendant’s objections to dismissal and dismissed entire venire panel pursuant to Neil); Jefferson, 584 So. 2d at 123. Cf. Palmer v. State, 572 So. 2d 1012 (Fla. 4th DCA 1991) (Neil remedy of dismissal of panel and recommencement of voir dire with new panel may be waived by a party who does not object to an improperly handled voir dire selection). In Jefferson, the Fourth District Court examined a cas…