Legal Opinion

Escoto v. Drehobl

District Court of Appeal of Florida

Decided February 22, 2006No. 3D04-1520Published

1Per curiam

Affirmed. See Pascual v. Dozier, 771 So.2d 552, 554 (Fla. 3d DCA 2000); Binger v. King Pest Control, 401 So.2d 1310 (Fla.1981)(trial court’s decision to exclude expert testimony based on improper disclosure “should be guided largely by a determination as to whether use of the undisclosed witness will prejudice the objecting party ... Prejudice in this sense refers to the surprise in fact of the objecting party ... .”)(internal citations omitted); Dos Santos v. Carlson, 806 So.2d 539 (Fla. 3d DCA 2002)(reversing and remand*69ing for new trial based on improper exclusion of defendant’s radiology…

2Cases cited3 opinions

  1. Binger v. King Pest ControlSupreme Court of Florida · 1981
  2. Pascual v. DozierDistrict Court of Appeal of Florida · 2000
  3. Dos Santos v. CarlsonDistrict Court of Appeal of Florida · 2002

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