66 So. 3d 1078 - Clair v. Perry’s Empirical Analysis
2011
Citation profile
6 state decisions
Relationships
Relies on 401 So. 2d 1310 - Binger v. King Pest Control · 749 So. 2d 490 - Brown v. Estate of Stuckey · Frantz v. Golebiewski · Department of Health and Rehab. v. Jb · 905 So. 2d 182 - Fittipaldi USA, Inc. v. Castroneves
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Prejudice in this sense refers to the surprise in fact of the objecting party, and it is not dependent on the adverse nature of the testimony. Other factors which may enter into the trial court’s exercise of discretion are: (i) the objecting party’s ability to cure the prejudice or, similarly, his independent knowledge of the existence of the witness; (ii) the calling party’s possible intentional, or bad faith, noncompliance with the pretrial order; and (iii) the possible disruption of the orderly and efficient trial of the case (or other cases). If after considering these factors, and any others that are relevant, the trial court concludes that use of the undisclosed witness will not substantially endanger the fairness of the proceeding, the pretrial order mandating disclosure should be modified and the witness should be allowed to testify.”
1 later decision quote this exact passage“This court has held that 'allowing parties at trial to substantially change the essential import of pretrial testimony of any kind without prior disclosure in discovery' presents the same kind of 'surprise in fact' and should be analyzed using the same factors discussed in Binger.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.