CITIZENS PROPERTY INSURANCE CORPORATION
v.
JOEL ESCOBAR
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When an insured's expert applies a similar methodology to the insurer's expert and reaches a different opinion in a first-party property insurance suit, the trial court must allow both experts to testify, and trial court evidentiary rulings are reviewed for abuse of discretion.
[1] In a first-party property insurance suit, when an insured's expert applies a similar methodology to that of the insurer's expert and simply reaches a different opinion, t…
[2] A trial court's evidentiary rulings, including those regarding impeachment materials and jury questioning of witnesses, are reviewed for abuse of discretion and will not…
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Join FLexlaw to unlock all legal intelligence“If reasonable men could differ as to the propriety of the action taken by the trial court, then the action is not unreasonable and there can be no finding of an abuse of discretion.”
Standard for reviewing discretionary rulings of trial judges, from Canakaris v. Canakaris
This is a first-party property insurance dispute between Citizens Property Insurance Corporation and insured Joel Escobar. The case involved conflicti…
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PER CURIAM.
Affirmed. Peng v. Citizens Prop. Ins. Corp., 337 So. 3d 488, 493–94 (Fla. 3d DCA 2022) (holding that, in a first-party property insurance suit, when an insured’s expert applies a similar methodology to that of the insurer's expert and simply reaches a different opinion, the trial court must allow the experts to testify); Tennyson v. State, 254 So. 3d 510, 516 (Fla. 3d DCA 2018) (holding that a trial court’s ruling on the use of impeachment materials is reviewed for abuse of discretion); Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980) (“If reasonable men could differ as to the propriety of the action taken by the trial court, then the action is not unreasonable and there can be no finding of an abuse of discretion. The discretionary ruling of the trial judge should be disturbed only when his decision fails to satisfy this test of reasonableness.”); Coates v. State, 855 So. 2d 223, 226 (Fla. 5th DCA 2003) (concluding that the benefits of allowing jury questioning of witnesses are substantial, and that a trial court may exercise its sound discretion in determining whether to do so in a particular case); Katos v. Cushing, 601 So. 2d 612, 613 (Fla. 3d DCA 1992) (concluding after a review of the record that the alleged erroneous evidentiary ruling did not affect the outcome and was not so prejudicial as to destroy the jury’s impartiality).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Katos v. Robert B. Cushing, D.D.S. & Robert B. Cushing, D.D.S., P.A., 601 So. 2d 612 (Fla. 3d DCA 1992)
- Tennyson v. State, 254 So. 3d 510 (Fla. 3d DCA 2018)
- Peng v. Citizens Prop. Ins. Corp., 337 So. 3d 488 (Fla. 3d DCA 2022)