Legal Opinion · Dissent

Lee v. Smith

Court of Appeals of Georgia

Decided June 27, 2018No. A18A0739Published

1DissentRay, Judge

Respectfully, I dissent to the majority's decision in Division 1 affirming the trial court's exclusion of an expert witness named after the scheduling order deadline. While adherence to a scheduling order certainly is important for trial speed and efficiency, in circumstances such as those in the instant case, blind adherence cannot trump our consistent and longstanding posture in favor of the admission of relevant evidence. Redcedar, LLC v. CML-GA Social Circle, LLC , 341 Ga. App. 110, 117 (5), 798 S.E.2d 334 (2017). See OCGA §§ 24-4-401, 24-4-402.

Here, the majority notes that Lee did not…

2Cases cited7 opinions

  1. Hanna Creative Enterprises, Inc. v. Alterman Foods, Inc.Court of Appeals of Georgia · 1980
  2. Resurgens, P.C. v. ElliottSupreme Court of Georgia · 2017
  3. KOHLER Et Al. v. VAN PETEGHEM Et Al.Court of Appeals of Georgia · 2014
  4. Kroger Co. v. WaltersCourt of Appeals of Georgia · 2012
  5. Dennis Moore v. Cottrell, Inc.Court of Appeals of Georgia · 2015

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