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District Court of Appeal of Florida


Fisher v. Perez, 3d05-0519

Denial of defense's motion for a continuance after the defense's sole witness became unavailable in a personal injury suit resulting from a traffic accident is reversed where: 1) the witness was defendant's only medical expert; 2) his testimony would have been used to rebut the opinion of plaintiff's experts; 3) his deposition was inadequate to convey his opinion to the jury; and 4) his unavailability was sudden and unexpected.

Appellate Information

  • Decided 01/24/2007
  • Published 01/24/2007

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Court

  • District Court of Appeal of Florida

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