J.S.
v.
STATE

Fla. 3d DCA | 2019-01-23
No. 3D18-1103
Foret, Knoll, Yelyerton
263 So. 3d 239 Florida District Court of Appeal, Third District (2019)

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Holding

The trial court did not abuse its discretion in reopening the case after all parties rested to permit the plaintiff to subpoena and present two witnesses to establish that the defendant placed the barricade that caused the accident.


Headnotes

[1] A trial court has discretion to reopen a case to allow additional evidence after parties have rested.

[2] A trial court's decision to reopen a case for additional evidence will be reversed only for a clear abuse of discretion.

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Key Quotes

“”

Establishes the standard governing trial court discretion to reopen cases.

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Facts & Procedural History

Plaintiff Oster was injured when his motorcycle crashed into an unlit barricade in the left lane of Claiborne Avenue in dark, foggy conditions at appr…

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Opinion of the Court

KNOLL, Judge.

For the reasons stated in the companion case of Gulf Federal Savings and Loan Association v. Lillian Eccles, et al., 528 So. 2d 782 (La.App. 3rd Cir.1988), in which a separate decision is being rendered by us this day, the judgment of the trial court is affirmed.

All costs of this appeal are assessed to Frem Boustany.

AFFIRMED.

YELYERTON, J., concurs and assigns written reasons.

FORET, J., concurs for the reasons assigned by YELYERTON, J.


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