District Court of Appeal of Florida

A jury verdict and judgment in favor of plaintiffs in a medical malpractice case is reversed and remanded for a new trial where a successor judge's decision to exclude defendants' expert witness on the thirteenth day of trial without prior notice or warning was an abuse of discretion, and the error was not harmless.

Appellate Information

• Decided 08/02/2006
• Published 08/02/2006

Judges

• BATEMAN, THOMAS H., III, Associate Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellants.


• For Appellees:
  
• Darryl L. Lewis, Rosalyn Sia Baker-Barnes of Searcy Denney Scarola Barnhart & Shipley, P.A.;  Philip M. Burlington and Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, for appellee Alwyn G. Carter, individually and as personal representative of the Estate of Irma Imelda Carter, deceased.