Spencer v. Smallwood Village Associates., Inc.

McCann, John S., J.

The defendant Smallwood Village Associates, Inc. and Kentco Development Co. filed a post-trial Motion to Strike the letter of late Michael McDowell and four estimates of work from evidence. At trial, the court admitted the exhibits “de bene.” Smallwood and Kentco objected to the admission of the exhibits at the time of trial but now file this Motion to Strike. The issue is whether the defendants’ failure to move to strike evidence admitted de bene at the close of the offering parties’ case despite a timely objection when such evidence was offered precludes them from now…