J.S.
v.
STATE
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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.
[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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Establishes the standard governing trial court discretion to reopen cases.
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Join FLexlaw to unlock all legal intelligencePlaintiff 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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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In the Interest of R.I. v. State, 561 So. 2d 26 (Fla. 3d DCA 1990)
- I.B. v. State, 239 So. 3d 773 (Fla. 3d DCA 2018)