Aguila-Rojas v. City Management Group Corp., AGUILA-ROJA
| Decision Date | 27 October 1992 |
| Docket Number | AGUILA-ROJA,A,No. 91-2858,91-2858 |
| Parties | 17 Fla. L. Week. D2467 Adolfo Z.ppellant, v. CITY MANAGEMENT GROUP CORPORATION, a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Keith Chasin, Miami, for appellant.
Mark V. Silverio, Miami, for appellee.
Before JORGENSON, LEVY and GODERICH, JJ.
Defendant, Adolfo Aguila-Rojas, appeals a final judgment finding him guilty of negligence as a registered agent. For the following reasons, we reverse.
In 1980, Aguila-Rojas incorporated and served as a registered agent for Villa and Sons Property Group, Inc., later renamed City Management. One of City Management's tenants sued City Management in 1984 for damages resulting from a slip and fall accident. The trial court entered a default judgment against City Management. 1 Subsequently, City Management sued Aguila-Rojas for failure to notify City Management of the lawsuit.
Before trial in February, 1990, the trial court denied Aguila-Rojas's motion to amend his witness list for noncompliance with the court's order setting trial. The motion adding Jose Ramirez noted that Mr. Ramirez would testify that he tried to deliver suit papers to City Management on Aguila-Rojas's behalf. This first trial, however, ended in a mistrial. The case was then reset for trial for June 25, 1990. The order resetting the trial required that a list of all witnesses be provided no later than forty-five days prior to the Monday of the trial period. Following a series of motions for continuance, the case was reset for trial for September 16, 1991. Aguila-Rojas filed a pretrial catalog adding Mr. Ramirez to the witness list on August 14, 1991. The trial, however, was again reset for October 14, 1991. The order resetting the trial required compliance with the previous order, i.e., listing all witnesses forty-five days prior to the Monday of the trial period.
City Management attempted but failed to depose Mr. Ramirez before the trial date. Mr. Ramirez was eventually deposed during a trial break. During the trial, the court granted City Management's motion in limine to exclude Mr. Ramirez on the basis that it would be prejudicial to let him testify.
The trial court erred in excluding Mr. Ramirez as a witness. Excluding the testimony of a witness is a harsh remedy which should be invoked sparingly. First Republic Corp. of America v. Hayes, 431 So.2d 624 (Fla. 3d DCA), rev. denied, 441 So.2d 632 (Fla.1983). See also Louisville Scrap Material Co. v. Petroleum Packers Inc., 566 So.2d 277 (Fla. 2d DCA 1990). Cf. Metropolitan Dade County v. Sperling, 599 So.2d 209 (Fla. 3d DCA 1992) (...
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Metropolitan Dade County v. Bermudez
...(Fla.1981). But exclusion is a drastic remedy which should be utilized only in appropriate circumstances. Aguila-Rojas v. City Management Group Corp., 606 So.2d 765 (Fla. 3d DCA 1992); Louisville Scrap Material Co. v. Petroleum Packers, Inc., 566 So.2d 277, 278 (Fla. 2d DCA 1990); Acquisiti......
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Tetrault v. Fairchild
...("`Excluding the testimony of a witness is a harsh remedy which should be invoked sparingly.'") (quoting Aguila-Rojas v. City Mgmt. Group Corp., 606 So.2d 765, 766 (Fla. 3d DCA 1992); Conde v. Marlu Nav. Co., Ltd., 495 So.2d 847 (Fla. 3d DCA 1986).) In my view, the instant case does not pre......
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Pascual v. Dozier, 3D98-2364.
...the exclusion of the testimony of expert witnesses must be carefully considered and sparingly done. See Aguila-Rojas v. City Management Group Corp., 606 So.2d 765 (Fla. 3d DCA 1992); Davis v. Pfund, 479 So.2d 230 (Fla. 3d DCA 1985). Furthermore, a trial court should exercise caution when th......
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Casa de Alabanza v. Bus Service Inc.
...Republic Corp. of America v. Hayes, 431 So.2d 624 (Fla. 3d DCA), review denied, 441 So.2d 632 (Fla.1983); Aguila-Rojas v. City Management Group Corp., 606 So.2d 765 (Fla. 3d DCA 1992) ("Excluding the testimony of a witness is a harsh remedy which should be invoked Although this issue has be......