C. W. HARDY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Emmett Reeder v. Edward M. Chadbourne, Inc., 338 So. 2d 271 (Fla. 1st DCA 1976)
  …prise, defendants below had propounded interrogatories to appellant asking for the names of witnesses more than two years in advance of trial. Reliance has been placed in both the argument and brief, upon the holding in Passino v. Sanborn, Fla.App., 190 So. 2d 61 (1966), that there is a duty to supplement the answers to interrogatories. While Passino was based upon sound legal reasoning by my learned colleague, Chief Judge Tyrie Boyer, that case has been superseded by F.R.C.P. 1.280(e) which provides there i…
• F & B Ceco v. Galaxy Studios, Inc., 216 So. 2d 75 (Fla. 3d DCA 1968)
  …he judgment appealed. “In the absence of a controlling statute or overriding rule of procedure trial courts have a broad discretion in conducting the trial of a cause.” Bowen v. Manuel, Fla.App.1962, 144 So. 2d 341; Passino v. Sanburn, Fla.App.1966, 190 So. 2d 61. None of the Florida Rules of Civil Procedure prohibits the procedure followed by the trial judge nor does any Florida Statute. The record, especially the instructions to the jury quoted above, shows dearly that the trial judge conducted a fair tria…
• Kellner v. David, 140 So. 3d 1042 (Fla. 5th DCA 2014)
  …rial. Here, the question was never asked. For a party to claim unfair surprise, he or she must have exercised reasonable diligence to protect himself or herself from such surprise by making use of the available discovery devices. Passino v. Sanburn, 190 So. 2d 61, 63-64 (Fla. 3d DCA 1966); Bowen v. Manuel, 144 So. 2d 341 (Fla. 2d DCA 1962). That did not occur here. The majority is correct that the Binger opinion provides guidance for analyzing the trial court’s exclusion of testimony that should have been d…

Authorities Cited

• Falagon v. State, 186 So. 2d 804 (Fla. 4th DCA 1966)