Meyers v. Garmire
Meyers v. Garmire
Opinion of the Court
This is an appeal by the petitioners, Robert H. Meyers and John Brooks Hastey III, as representatives of a class of City of Miami police officers, from an adverse final judgment in an action for injunctive relief in which the Chief of Police, the City Manager and the Executive Secretary of the Civil Service Board, all of the City of Miami, were named as respondents. The defendants have cross-appealed.
The petitioners contend that the trial court erred in not limiting the issues at trial to those set forth in the pretrial order. They claim that they prepared and presented their case in such a manner as to prove the issues set forth in the pretrial order. Then suddenly the respondents surprised them with new issues and defenses not previously presented to them or the court. Therefore, they were unable to present testimony in response to those issues, and as a result suffered manifest injustice, prejudice and defeat. We agree with respondents’ position that the trial court was permitted to modify the issues by Rule 1.200(c), RCP, which provides,
. . The (pretrial) order shall control the subsequent course of the action unless modified at the trial to prevent injustice.”
However, under the circumstances of this case it was prejudicial to permit the addition of matters outside the scope of the pretrial order at the time of trial since the petitioners were not prepared to present evidence on those issues. Therefore, we reverse the final judgment in favor of the respondents and remand the cause to the trial court with directions to hold a full trial on the merits of all questions of law and fact which the trial court finds to be meritorious issues in the case, prior to the pre-trial order, giving both sides an opportunity to prepare and effectively present their respective positions on the issues.
The points raised by the respondents on cross-appeal are not well taken and will not be discussed.
Reversed and remanded with directions.
Reference
- Full Case Name
- Robert MEYERS, Jr. v. Bernard GARMIRE, Chief of Police, etc.
- Cited By
- 1 case
- Status
- Published