LEON C. DOUGLASS, APPELLANT,

v.

DEPARTMENT OF CORRECTIONS, APPELLEE

Citator

Cited By

• Sardinas v. Claridania Lagares, 805 So. 2d 1024 (Fla. 3d DCA 2001)
  …ent a prior finding that [the medical expert] was in contempt or that he violated some other court order regarding this discovery, we hold it was an abuse of discretion for the trial court to exclude him from testifying at trial.”); Cooper v. Lewis, 719 So. 2d 944, 945 (Fla. 5th DCA 1998) (reversing the striking of defense’s expert witness under Elkins v. Syken, 672 So. 2d 517 (Fla.1996) where the trial court did not first find the witness in contempt or in violation of “an appropriate court order”) (emphasis…

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• Allstate Ins. Co. v. Mazzorana, 731 So. 2d 38 (Fla. 4th DCA 1999)
  …Absent a prior finding that Dr. Abdel-Fattah was in contempt or that he violated some other court order regarding this discovery, we hold it was an abuse of discretion for the trial court to exclude him from testifying at trial. See Cooper v. Lewis, 719 So. 2d 944, 23 Fla. L. Weekly D2212 (Fla. 5th DCA 1998) (reversing the striking of defense’s expert witness under Elkins where the trial court did not first find the witness in contempt nor compel him to provide the requested information). Because we are reve…
• Vega v. CSCS Int'l, N.V., 795 So. 2d 164 (Fla. 3d DCA 2001)
  …ctions is discretionary and is only reviewed as to an abuse of that discretion, the imposition of sanctions necessarily requires wrongdoing by the party being sanctioned. See Mercer v. Raine, 443 So. 2d 944, 946 (Fla.1983); see also Cooper v. Lewis, 719 So. 2d 944, 945 (Fla. 5th DCA 1998)(before striking the doctor and imposing other sanctions “the trial court should find someone is in contempt of court or has violated an appropriate court order.”). Additionally, the exclusion of a witness’ testimony is a dra…

Authorities Cited

• Endress v. Fla. Dep't OF Corr., 612 So. 2d 645 (Fla. 1st DCA 1993)