Progressive Consumers Insurance v. Deco Natural Stone, Inc.
Progressive Consumers Insurance v. Deco Natural Stone, Inc.
Opinion of the Court
Because of the plainly non-prejudicial failure to timely indicate their names on a formal witness list, the trial court struck the primary witnesses for the plaintiff, resulting in a directed verdict for the defendant. This action punished the appellant far out of proportion to the magnitude of the alleged offense and thus constituted a gross and reversible abuse of discretion. See Kamhi v. Waterview Towers Condominium Ass’n, 793 So.2d 1033 (Fla. 4th DCA 2001); Pascual v. Dozier, 771 So.2d 552 (Fla. 3d DCA 2000); Tomlinson-McKenzie v. Prince, 718 So.2d 394
Reversed and remanded.
Reference
- Full Case Name
- PROGRESSIVE CONSUMERS INSURANCE CO. v. DECO NATURAL STONE, INC.
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- 4 cases
- Status
- Published