OSCAR MARTINEZ AND TERESA MARTINEZ, APPELLANTS,

v.

RAMON MARIN AND DELFINA MARIN, APPELLEES

Citator

Cited By

• Griefer v. DiPIETRO, 708 So. 2d 666 (Fla. 4th DCA 1998)
  …Although a trial court has broad discretion regarding the admissibility of rebuttal testimony, it abuses that discretion when it limits non-cumulative rebuttal that goes to the heart of the principal defense. See Mendez v. John Caddell Constr. Co., 700 So. 2d 439, 440-41 (Fla. 3d DCA 1997). The Griefers’ trial theory was that Michael’s failure to observe Laurel as she attempted to cross the street while he drove the ear without headlights constituted negligence. The DiPietros’ defense was that when Laurel cr…
• Gutierrez v. Jose Luis Vargas, M.D., 239 So. 3d 615 (Fla. 2018)
• Gerber v. Ramanuja Iyengar, M.D., 725 So. 2d 1181 (Fla. 3d DCA 1998)
  …on was an abuse of discretion, and, as such, error. We agree. The law is clear that a trial court abuses its discretion when it forbids the presentation of rebuttal evidence that negates the theory of defense. See Mendez v. John Caddell Constr. Co., 700 So. 2d 439, 440-41 (Fla. 3d DCA 1997); Zanoletti v. Norle Properties, Corp., 688 So. 2d 952, 954 (Fla. 3d DCA 1997). In Young-Chin v. City of Homestead, 597 So. 2d 879 (Fla. 3d DCA 1992), this Court stated that a trial judge abuses his or her discretion when h…

Authorities Cited

• del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987)