(DOWNLOAD) "Berlin v. Roldan" by Florida Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Berlin v. Roldan
- Author : Florida Court of Appeals
- Release Date : January 06, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
We reverse a judgment in favor of plaintiffs, concluding that the trial court erred in not allowing the defense to call an unlisted witness on the last day of trial. The witness, the property manager at an apartment complex, would have testified that in return for rent concessions of $200 to $300 a month, Mr. Roldan did maintenance work in the complex. That testimony would have directly contradicted the testimony of both Mr. Roldan and his wife that he was totally disabled and unable to do any work in the apartment complex after this accident. When a trial court exercises its discretion as to whether an unlisted witness should be allowed to testify, it should be guided in large part by whether there will be prejudice to the objecting party in the form of surprise. Binger v. King Pest Control, 401 So. 2d 1310, 1314 (Fla. 1981). When allowing the witness to testify will not be unfair to the objecting party, the testimony should be permitted. Id.