Florida District Courts of Appeal, 2018

21st Century v. Smith

21st Century v. Smith
Florida District Courts of Appeal · Decided January 22, 2018

21st Century v. Smith

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 21ST CENTURY CENTENNIAL INSURANCE COMPANY, Appellant, v. Case No. 5D16-3821 JACQUELINE SMITH, Appellee. ________________________________/ Decision filed January 26, 2018 Appeal from the Circuit Court for Orange County, Donald A. Myers, Jr., Judge.

Thomas E. Scott, Scott A. Cole and Alexandra Valdes, of Cole, Scott & Kissane, P.A., Miami, for Appellant.

Rebecca Bowen Creed and Bryan S.

Gowdy, of Creed & Gowdy, P.A., Jacksonville, and Howard C. Coker, Joseph V. Camerlengo, Jr., and Stefano D. Portigliatti, of Coker, Schickel, Sorenson & Posgay, Camerlengo & Iracki, Jacksonville, for Appellee.

PER CURIAM.

AFFIRMED.

COHEN, C.J., and WALLIS, J., concur.

EVANDER, J., concurs specially, with opinion Case No. 5D16-3821

EVANDER, J., concurring specially.

Appellant is correct that the trial court abused its discretion in limiting the testimony of one of its expert witnesses. However, after consideration of the record before us, I cannot conclude that the error was harmful. See, e.g., Kennedy v. Brago, 544 So. 2d 216, 216 (Fla. 3d DCA 1989) (“After reviewing the record, we conclude that the proffered testimony—that there was a degeneration in Mrs. Kennedy’s condition after the accident—was cumulative and therefore its exclusion was harmless.”).

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