REBECCA TOBIN AND HARRIET T. MARKOW, APPELLANTS,

v.

STATE ROAD DEPARTMENT OF FLORIDA, AN AGENCY OF THE STATE OF FLORIDA, ET AL., APPELLEES

Citator

Cited By

• Hartstone Concrete Prods. Co., Inc. v. Ivancevich, 200 So. 2d 234 (Fla. 2d DCA 1967)
  …he subsequent course of the action unless modified at the trial to prevent manifest injustice.” Undoubtedly many pre-trial orders have been modified explicitly or implicitly “to prevent manifest injustice.” E.g., Sappington v. Town Properties, Inc., 126 So. 2d 906 (2d DCA Fla.1961). Plaintiff could not have been prejudiced by defendants’ failure to list the physicist in the pre-trial order since he could not have taken the physicist’s deposition, if the defendants had objected, except to ascertain his qualif…
• Nichols v. Ellis S. Tarsches, 429 So. 2d 409 (Fla. 3d DCA 1983)
  …mmediately filed the unilateral supplemental stipulation adding waiver as an issue to be tried upon his return to Miami from an out-of-town trip. An error of this nature should not be visited upon the client. See Sappington v. Town Properties, Inc., 126 So. 2d 906 (Fla. 2d DCA 1961); Fla.R.Civ.P. 1.200(c). See also Crystal Lake Golf Course, Inc. v. Kalin, 252 So. 2d 379 (Fla. 4th DCA 1971) (failure of counsel to attend pretrial conference ought not to serve as a predicate upon which to punish the litigant).…

Authorities Cited

• Parker v. Armstrong, 125 So. 2d 138 (Fla. 2d DCA 1960)
• Wingert v. Prince, 123 So. 2d 277 (Fla. 2d DCA 1960)
• Volpe v. Volpe, 124 So. 2d 750 (Fla. 3d DCA 1960)
• Quick v. Great Atl. & Pac. TEA Co., 124 So. 2d 750 (Fla. 2d DCA 1960)