CLARKE v. SANDERS

No. 77-1585.

363 So.2d 843 (1978)

Barbara K. CLARKE, Appellant, v. Richard J. SANDERS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 20, 1978.


Attorney(s) appearing for the Case

Hugh M. Davenport of Smith, Davenport, Peek & Bloom, Jacksonville, for appellant.

Michael P. Falkowski of Parker, Conrad, Falkowski, Johnson & Owen, Orlando, for appellee.


DAUKSCH, Judge.

In this malpractice case the trial court erred in refusing to allow in evidence at trial the depositions of two doctors whose testimony was quite relevant to the issue of malpractice. The reason the trial court gave for disallowing the introduction of the depositions into evidence was the plaintiff's failure to list the names of the doctors on a pretrial statement. We find error because there was no pretrial order requiring the parties to list witnesses...

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