FINANCIERA ASOCIADA, S.A., APPELLANT,
v.
E.F. HUTTON & COMPANY, INC., AND MAKLOUF ELKAIM, APPELLEES

Fla. 3d DCA | 1988-09-06
No. 87-1626
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
530 So. 2d 497 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Finding that appellant Financiera Asocia-da, S.A., was not prejudiced by the theories presented by appellees’ expert witness, cf Binger v. King Pest Control, 401 So. 2d 1310, 1811 (Fla.1981) (“a trial judge’s discretion in determining whether an unlisted witness can testify should be guided primarily by whether prejudice ... accrue[s] to the objecting party.”), we affirm. Any surprise was vitiated by the fact that the question came up long before the end of the five-week trial; appellant had ample opportunity to take appropriate action. Appellant’s remaining points lack merit.

AFFIRMED.

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  • Antun Invs. Corp. v. Ergas, 549 So. 2d 706 (Fla. 3d DCA 1989)
    …ed the expert witnesses nor requested a continuance in order to review the reports. Thus, any prejudice to Antun accruing from the admission of the reports was attributable to its failure to act. Financiera Asociada, S.A. v. E.F. Hutton & Co., Inc., 530 So. 2d 497 (Fla. 3d DCA 1988). We therefore hold that the trial court did not abuse its discretion in admitting the reports into evidence.5 B. Antun also challenges the damage awards. We address each award in turn. 1-OUT OF POCKET COSTS We find competent e…
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    …ecluding such post-termination compensation, the jury’s determination that upon the termination of his employment plaintiff was entitled to compensation earned prior to the time of the termination was justified. See Cornell Computer Corp. v. Damion, 530 So. 2d 497, 498-99 (Fla. 3d DCA 1988) (quoting 56 C.J.S. Master and Servant § 92 (1948)) (“Ordinarily an employee does not forfeit his right to commissions, already earned under his contract, by the termination of his employment, as by his discharge, unless th…
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    …wages costs of the action and a reasonable attorney’s fee.” § 448.08, Fla.Stat. (1991). Unpaid commissions which are found by the court to be owing, as here, have been construed to be the equivalent of unpaid wages. Cornell Computer Corp. v. Damion, 530 So. 2d 497 (Fla. 3d DCA 1988); Gulf Solar, Inc. v. Westfall, 447 So. 2d 363 (Fla. 2d DCA 1984). For the above-stated reasons, (1) the final judgment under review is reversed and the cause is remanded to the trial court with directions to enter a judgment for…

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