RICHARD LINSEY EASTLING, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981)
  …only in cases of a clear showing of abuse prejudicial to the affected party. See e. g., Fuller v. Rinebolt, 382 So. 2d 1239 (Fla. 4th DCA 1980); McDonald Air Conditioning, Inc. v. John Brown, Inc., 285 So. 2d 697 (Fla. 4th DCA 1973); Green v. Shoop, 240 So. 2d 85 (Fla. 3d DCA 1970); County of Brevard v. Interstate Engineering Co., 224 So. 2d 786 (Fla. 4th DCA 1969); Alvarez v. Mauney, 175 So. 2d 57 (Fla. 2d DCA 1965). The only prior decision of this Court directly addressing the issue of witness disclosure…

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• First Republic Corp. OF Am. v. Hayes, 431 So. 2d 624 (Fla. 3d DCA 1983)
  …er dismissal for failure to comply with court order). Binger v. King Pest Control, 401 So. 2d 1310 (Fla.1981) (court has power to exclude witness for failure to disclose name as required by the order setting the pretrial conference); Green v. Shoop, 240 So. 2d 85 (Fla. 3d DCA 1970). Where an objection was made to an expert’s testimony on the basis that his name was not submitted within the time required, the court, in County of Brevard v. Interstate Engineering Co., 224 So. 2d 786 (Fla. 4th DCA 1969), stated…
• McDONALD AIR Conditioning, Inc. v. John Brown, Inc., 285 So. 2d 697 (Fla. 4th DCA 1973)
  …nstrated that he abused his broad discretion. Rose v. Yuille, Fla.App.1956, 88 So. 2d 318; Henningsen v. Smith, Fla.App.1965, 174 So. 2d 85; County of Brevard v. Interstate Engineering Co., Fla.App.1969, 224 So. 2d 786; Green v. Shoop, Fla.App.1970, 240 So. 2d 85. We find no ‘abuse of discretion. On the question of appellant’s negligence, the final judgment is supported by the record. However, since the case must be retried, it appears to us the ends of justice would be best served by retrying this issue al…

Authorities Cited

• Skipper v. State, 114 Fla. 312 (Fla. 1934)
• Ball v. State, 204 So. 2d 523 (Fla. 3d DCA 1967)