Legal Opinion

Florida Marine Enterprises v. Bailey

District Court of Appeal of Florida

Decided February 9, 1994No. 93-0103PublishedCited by 4 opinions

1Opinion of the Court

BROWN, LUCY, Associate Judge.

Whether the trial court abused its discretion in striking four improperly listed expert witnesses is the question presented by this appeal. At issue is the trial court’s power to enforce its own pretrial order, and the meaning of:(1) “listing” a witness;(2) “prejudice;” and(3) ability to “cure prejudice.”

Dawn Bailey was injured in a rear-end collision in December 1990. Suit was filed in 1991. Defendant admitted liability; the trial court, by order issued in late August 1992, set the damages trial on a jury docket starting October 26, 1992, with a Pretrial…

2Cases cited4 opinions

  1. Binger v. King Pest ControlSupreme Court of Florida · 1981
  2. Grau v. BranhamDistrict Court of Appeal of Florida · 1993
  3. Aguila-Rojas v. CITY MANAGEMENT GROUPDistrict Court of Appeal of Florida · 1992
  4. Pipkin v. HamerDistrict Court of Appeal of Florida · 1987

3Cited by4 opinions

  1. Keller Industries v. VolkDistrict Court of Appeal of Florida · 1995
  2. Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.Supreme Court of Florida · 2018
  3. Aries Ins. Co. v. CayreDistrict Court of Appeal of Florida · 2001
  4. Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.Supreme Court of Florida · 2018

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