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Jesus G. Joubert RODRIGUEZ, etc., Appellant, v. CENTRAL FLORIDA EQUIPMENT RENTALS, INC., Appellee.
Affirmed. See Southstar Equity, LLC v. Lai Chau, 998 So. 2d 625, 628 (Fla. 2d DCA 2008) (explaining that while we review a finding of lack of prejudice by a late disclosure for abuse of discretion, we recognize that “ ‘control over witness disclosure problems’ is a matter that is left ‘to the broad discretion of the trial judge’ ”) (quoting Binger v. King Pest Control, 401 So. 2d 1310, 1312 (Fla. 1981)); see also Utica Mut. Ins. Co. v. Pa. Nat'l Mut. Cas. Ins. Co., 639 So. 2d 41, 43 (Fla. 5th DCA 1994) (finding no abuse of discretion in trial court's decision to allow additional expert testimony despite late notice where opposing party had the opportunity to depose the new expert the night before trial); First Republic Corp. of Am. v. Hayes, 431 So. 2d 624, 626–27 (Fla. 3d DCA 1983) (explaining that exclusion at a pretrial conference of an expert witness as a sanction for a discovery violation was an abuse of discretion where the violation of the court's pretrial order resulted from the attorney's noncompliance, not the client's, and “the trial court could have ordered a continuance to allow the plaintiff time to prepare for the defense witness’ testimony”).
PER CURIAM.
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Docket No: No. 3D22-1818
Decided: August 07, 2024
Court: District Court of Appeal of Florida, Third District.
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