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524 So. 2d 1111

524 So.2d 1111

13 Fla.L.Weekly 1112

Bohan v. Cal

District Court of Appeal of Florida · decided 1988-05-11

Cited by 1 later decisions — most recently April 1990

1 state decisions

Relies on 509 So. 2d 1097 - Martin-Johnson, Inc. v. Savage · 515 So. 2d 998 - Hartford Acc. & Indem. v. USCP CO.

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-11

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PER CURIAM.

¶1Petitioners seek certiorari from an order granting summary judgment for defendants on the issue of the permanency of personal injuries sustained in an automobile accident. Petitioner’s evidence in opposition to summary judgment consisted of a physician’s affidavit to the effect that permanent injury had been sustained. The court struck this affidavit apparently because the affiant had not been disclosed as an expert witness within the time specified by the court’s pretrial order. This is plainly error. However, the order in question is not one that may be addressed by certiorari proceedings but must await redress on plenary appeal. Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987); Hartford Accident & Indemnity Company v. U.S.C.P. Company, 515 So.2d 998 (Fla. 4th DCA 1987). Accordingly, certiorari is denied.

¶2CERTIORARI DENIED.

HERSEY, C.J., and GUNTHER and WALDEN, JJ., concur.
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