Florida District Courts of Appeal, 1993

Sheriff of Orange County v. Boultbee

Florida District Courts of Appeal · Decided December 3, 1993 · Cobb, Dauksch, Griffin

629 So. 2d 217; 1993 Fla. App. LEXIS 12024; 1993 WL 495984 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The decision of the lower court to set aside the judgment is affirmed; however, the proper remedy under these circumstances is not to reinstate the verdict and judgment for the plaintiff below, but to set aside the results of the tainted trial proceedings and to order a new trial.

AFFIRMED in part; REVERSED in part, with instructions.

DAUKSCH, COBB and GRIFFIN, JJ., concur.

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