Legal Opinion
Progressive Consumers Insurance v. Deco Natural Stone, Inc.
District Court of Appeal of Florida
Decided September 25, 2002No. 3D01-3123PublishedCited by 4 opinions
1Opinion of the Court
SCHWARTZ, Chief Judge.
Because of the plainly non-prejudicial failure to timely indicate their names on a formal witness list, the trial court struck the primary witnesses for the plaintiff, resulting in a directed verdict for the defendant. This action punished the appellant far out of proportion to the magnitude of the alleged offense and thus constituted a gross and reversible abuse of discretion. See Kamhi v. Waterview Towers Condominium Ass’n, 793 So.2d 1033 (Fla. 4th DCA 2001); Pascual v. Dozier, 771 So.2d 552 (Fla. 3d DCA 2000); Tomlinson-McKenzie v. Prince, 718 So.2d 394 *337(Fla. 4th DCA…
2Cases cited7 opinions
- Binger v. King Pest ControlSupreme Court of Florida · 1981
- Pascual v. DozierDistrict Court of Appeal of Florida · 2000
- Kelley v. SchmidtDistrict Court of Appeal of Florida · 1993
- Kamhi v. Waterview Towers Condo. Ass'n, Inc.District Court of Appeal of Florida · 2001
- Aguila-Rojas v. CITY MANAGEMENT GROUPDistrict Court of Appeal of Florida · 1992
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3Cited by4 opinions
- Taylor v. Mazda Motor of America, Inc.District Court of Appeal of Florida · 2005
- Deutsche Bank National Trust Co. Ex Rel. LSF MRA Pass-Through Trust v. PerezDistrict Court of Appeal of Florida · 2015
- Cossio v. ArrondoDistrict Court of Appeal of Florida · 2011
- A.G. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2005