Jesus G. Joubert Rodriguez, etc. v. Central Florida Equipment Rentals, Inc.

• Court: District Court of Appeal of Florida
• Decided: August 7, 2024
• Docket: 2022-1818
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 7, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1818 Lower Tribunal No. 11-23514 ________________

Jesus G. Joubert Rodriguez, etc., Appellant,

vs.

Central Florida Equipment Rentals, Inc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Wasson & Associates, Chartered, and Annabel C. Majewski; Deehl PLLC, and David Deehl, for appellant.

Law Offices of Charles M-P George, and Charles M-P George; Boyd, Richards, et. als., and Maria Dalmanieras and Peter Restani, for appellee.

Before EMAS, LINDSEY and BOKOR, JJ.

PER CURIAM. Affirmed. See Southstar Equity, LLC v. Lai Chau, 998 So. 2d 625, 628

(Fla. 2d DCA 2008) (explaining that while we review a finding of lack of

prejudice by a late disclosure for abuse of discretion, we recognize that

“‘control over witness disclosure problems’ is a matter that is left ‘to the broad

discretion of the trial judge’”) (quoting Binger v. King Pest Control, 401 So.

2d 1310, 1312 (Fla. 1981)); see also Utica Mut. Ins. Co. v. Pa. Nat’l Mut.

Cas. Ins. Co., 639 So. 2d 41, 43 (Fla. 5th DCA 1994) (finding no abuse of

discretion in trial court’s decision to allow additional expert testimony despite

late notice where opposing party had the opportunity to depose the new

expert the night before trial); First Republic Corp. of Am. v. Hayes, 431 So.

2d 624, 626–27 (Fla. 3d DCA 1983) (explaining that exclusion at a pretrial

conference of an expert witness as a sanction for a discovery violation was

an abuse of discretion where the violation of the court’s pretrial order resulted

from the attorney’s noncompliance, not the client’s, and “the trial court could

have ordered a continuance to allow the plaintiff time to prepare for the

defense witness’ testimony”).