JAMES MALER, A MINOR CHILD, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, JONI MALER, INDIVIDUALLY AND JAMES MALER, SR., APPELLANTS,
v.
MICHAEL GERALDI, M.D., APPELLEE
JAMES MALER, A MINOR CHILD, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, JONI MALER, INDIVIDUALLY AND JAMES MALER, SR., APPELLANTS,
MICHAEL GERALDI, M.D., APPELLEE
502 So. 2d 973
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Prior to trial, the court entered an order limiting witnesses, stating:
The parties are limited to one expert per discipline.... If there are separate board certifications for ... two areas of expertise then one expert will be allowed in each.
We reject appellants’ contention that the trial court applied the order in a discriminatory fashion and improperly excluded one of their expert witnesses. A review of the record discloses that the court merely implemented its order. See Ritter v. Jimenez, 343 So. 2d 659 (Fla. 3d DCA 1977); Stager v. Florida East Coast Ry., 163 So. 2d 15 (Fla. 3d DCA 1964), cert. discharged, 174 So. 2d 540 (Fla.), cert. denied, 382 U.S. 878, 86 S.Ct. 162, 15 L.Ed.2d 119 (1965). Appellants’ remaining points lack merit.
Affirmed.
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Gold, Vann & White, P.A. v. DeBERRY, 639 So. 2d 47 (Fla. 4th DCA 1994)…court’s ruling in Carpenter v. Alonso, 587 So. 2d 572 (Fla. 3d DCA 1991). In Carpenter, the third district held that a trial court could properly limit expert witnesses in medical malpractice cases to one expert per side. See also Moler v. Geraldi, 502 So. 2d 973 (Fla. 3d DCA 1987). As postulated in Stager v. Florida East Coast Railway Company, 163 So. 2d 15, 17 (Fla. 3d DCA 1964), “a trial judge is charged with the conduct of a trial and only such conduct on the part of the trial judge as would result in an…
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Lion Plumbing Supply, Inc. v. Bienvenido Suarez and Delia Suarez, 844 So. 2d 768 (Fla. 3d DCA 2003)…treating practitioner is never considered for purposes of a one-expert-per-side limitation. We do not think the cases support so rigid an interpretation. In such cases as Carpenter v. Alonso, 587 So. 2d 572 (Fla. 3d DCA 1991), and Maler v. Geraldi, 502 So. 2d 973 (Fla. 3d DCA 1987), the limitations on medical experts were upheld in the circumstances there presented, but the circumstances are not set forth in the opinions. In Ryder Truck Rental, Inc. v. Perez, 715 So. 2d 289 (Fla. 3d DCA 1998), the trial cour…
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Jose Luis Vargas, M.D. v. Gutierrez, 176 So. 3d 315 (Fla. 3d DCA 2015)…rol the trial proceedings and presentation of evidence. Gold, Vann & White, P.A. v. DeBerry ex rel. DeBerry, 639 So. 2d 47, 56 (Fla. 4th DCA 1994); see also Carpenter v. Alonso, 587 So. 2d 572, 573 (Fla. 3d DCA 1991); Maler ex rel. Maler v. Geraldi, 502 So. 2d 973, 974 (Fla. 3d DCA 1987). We typically review a trial court’s ruling on evidentiary matters, including the admissibility and presentation of cumulative evidence and the exclusion of witnesses, for an abuse of discretion. Stager v. Fla. E. Coast Ry.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sabena Belgian World Airways (Societe Anonyme Belge d'Exploitation de la Navi[g]ation Aerienne) v. LeRoy, 382 U.S. 878 (U.S. 1965)
- Dempster Bros., Inc. v. Cohn in Bankruptcy, 382 U.S. 878 (U.S. 1965)
- Stager v. Fla. E. Coast Ry. Co., 163 So. 2d 15 (Fla. 3d DCA 1964)
- Teala Ritter v. Jimenez, 343 So. 2d 659 (Fla. 3d DCA 1977)
- Stager v. Fla. E. Coast Ry. Co., 174 So. 2d 540 (Fla. 1965)