STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
v.
CARMEN C. ORTEGA AND PABLO ORTEGA, APPELLEES
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
CARMEN C. ORTEGA AND PABLO ORTEGA, APPELLEES
644 So. 2d 550
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 39 cases
Opinion of the Court
PER CURIAM.
State Farm Mutual Automobile Insurance Co. appeals an order granting the motion of plaintiffs-appellees Carmen C. Ortega and Pablo Ortega for a new trial on damages. We find no error in the trial court’s determination that a new trial on damages is required. However, State Farm correctly asserts that the trial court erred in excluding State Farm’s only expert witness, Dr. Richard Glatzer, for failure to produce certain financial information. We reverse that ruling on authority of Syken v. Elkins, 644 So. 2d 539 (Fla. 3d DCA 1994) (en banc). There must be a new trial on liability as well as damages.
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
-
COX v. Burke, 706 So. 2d 43 (Fla. 5th DCA 1998)…of all possible sanctions, however, it should be em- • ployed only in extreme circumstances. Id.; Bird v. Hardrives of Delray, Inc., 644 So. 2d 89, 90 (Fla. 4th DCA 1994). Defendants rely mainly on the third district’s holding in O'Vahey v. Miller, 644 So. 2d 550 (Fla. 3d DCA 1994), review denied, 654 So. 2d 919 (Fla.1995), for the proposition that lies made under oath by personal injury plaintiffs about personal background and education necessitate dismissal with prejudice. In that case, the court held that…
-
Metro. Dade Cnty. v. Martinsen, 736 So. 2d 794 (Fla. 3d DCA 1999)…(Fla.1951); Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998); Figgie Int’l, Inc. v. Alderman, 698 So. 2d 563 (Fla. 3d DCA 1997), review dismissed, 703 So. 2d 476 (Fla.1997); Mendez v. Blanco, 665 So. 2d 1149 (Fla. 3d DCA 1996); O'Vahey v. Miller, 644 So. 2d 550, 550 (Fla. 3d DCA 1994), review denied, 654 So. 2d 919 (Fla.1995); Kornblum v. Schneider, 609 So. 2d 138 (Fla. 4th DCA 1992); Horjales v. Loeb, 291 So. 2d 92, 93 (Fla. 3d DCA 1974); Fair v. Tampa Elec. Co., 158 Fla. 15, 27 So. 2d 514 (1946); Fagan v…
-
Hanono v. Murphy, 723 So. 2d 892 (Fla. 3d DCA 1998)…yed evidence and presented false testimony), review dismissed, 703 So. 2d 476 (Fla.1997); Mendez v. Blanco, 665 So. 2d 1149 (Fla. 3d DCA 1996)(affirming dismissal of claim where plaintiff repeatedly lied under oath at deposition); O'Vahey v. Miller, 644 So. 2d 550, 550 (Fla. 3d DCA 1994)(affirming dismissal of claim based upon established perjury of plaintiff which represented serious misconduct and “an obvious affront to the administration of justice”), review denied, 654 So. 2d 919 (Fla.1995); Kornblum v. S…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Syken v. Elkins, 644 So. 2d 539 (Fla. 3d DCA 1994)