IN RE ESTATE OF MILDRED HUNTER, DECEASED

Citator

Cited By

• Griefer v. DiPIETRO, 708 So. 2d 666 (Fla. 4th DCA 1998)
  …use of its judgment and not merely that the court, or another fact-finder, might have made a different factual determination.” Id. Nevertheless, the severity of the sanction should be commensurate with the violation. See Miles v. Allstate Ins. Co., 564 So. 2d 583, 585 (Fla. 4th DCA 1990). Although the exclusion of a witness’s testimony is a permissible sanction for a discovery violation under Florida Rule of Civil Procedure 1.380(b)(2), it is a drastic remedy which should be utilized only under the most com…
• William Bryan King, M.D. v. Byrd, 716 So. 2d 831 (Fla. 4th DCA 1998)
  …such cross-examination in the first place. It was entirely irrelevant as it was not a proper attack on the witness’s credibility. See §§ 90.608 - .610, Fla. Stat. (1997); Farinas v. State, 569 So. 2d 425, 429 (Fla.1990); Miles v. Allstate Ins. Co., 564 So. 2d 583, 584 (Fla. 4th DCA 1990). But having let it in, defense counsel’s cross-examination of the doctor on the incident opened the door to the doctor’s claims of unethical conduct.2 We ourselves have substantial concerns as to the ethics of defense counse…
• Klose v. Coastal Emergency Servs. OF Fort Lauderdale, Inc., 673 So. 2d 81 (Fla. 4th DCA 1996)
  …testify as tm expert witness on behalf of Mr. Klose, we would caution the trial court to clearly determine the relevancy of questions purporting to impeach his qualifications and credibility as an expert. See, e.g., Miles v. Allstate Insurance Co., 564 So. 2d 583 (Fla. 4th DCA 1990); Cruse, 588 So. 2d at 983.…

Authorities Cited

• In re The Est. OF Rose v. Vickery, 564 So. 2d 555 (Fla. 4th DCA 1990)