21ST CENTURY CENTENNIAL INS. CO.
v.
SMITH
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Although the trial court abused its discretion in limiting testimony of one of the insurer's expert witnesses, the error was harmless and did not warrant reversal.
[1] An abuse of discretion in limiting expert witness testimony constitutes harmless error when the excluded testimony is cumulative or does not affect the outcome of the cas…
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Join FLexlaw to unlock all legal intelligenceThis case involves a dispute between 21st Century Centennial Insurance Company and Jacqueline Smith. The trial court restricted testimony from one of …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 21ST CENTURY CENTENNIAL INSURANCE COMPANY,
Appellant,
v. Case No. 5D16-3821
JACQUELINE SMITH,
Appellee. ________________________________/ Decision filed January 26, 2018 Appeal from the Circuit Court for Orange County, Donald A. Myers, Jr., Judge. Thomas E. Scott, Scott A. Cole and Alexandra Valdes, of Cole, Scott & Kissane, P.A., Miami, for Appellant. Rebecca Bowen Creed and Bryan S. Gowdy, of Creed & Gowdy, P.A., Jacksonville, and Howard C. Coker, Joseph V. Camerlengo, Jr., and Stefano D. Portigliatti, of Coker, Schickel, Sorenson & Posgay, Camerlengo & Iracki, Jacksonville, for Appellee. PER CURIAM.
AFFIRMED.
COHEN, C.J., and WALLIS, J., concur. EVANDER, J., concurs specially, with opinion
2
Case No. 5D16-3821 EVANDER, J., concurring specially. Appellant is correct that the trial court abused its discretion in limiting the testimony of one of its expert witnesses. However, after consideration of the record before us, I cannot conclude that the error was harmful. See, e.g., Kennedy v. Brago, 544 So. 2d 216, 216 (Fla. 3d DCA 1989) (“After reviewing the record, we conclude that the proffered testimony—that there was a degeneration in Mrs. Kennedy’s condition after the accident—was cumulative and therefore its exclusion was harmless.”).