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PUBLIX SUPER MARKETS, INC. v. DEMARCO

No. 78-65.

373 So.2d 693 (1979)

PUBLIX SUPER MARKETS, INC., Appellant, v. Ann C. DEMARCO, etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

June 13, 1979.

Attorney(s) appearing for the Case

Nancy Little Hoffman, and K.P. Jones, Ft. Lauderdale, for appellant.

Robert Orseck and Joel D. Eaton of Podhurst, Orseck & Parks, P.A., Miami, and J. Jay Simons of Simons & Schlesinger, Fort Lauderdale, for appellees.

PER CURIAM.

Affirmed.

DOWNEY, C.J., and CROSS, J., concur.

BERANEK, J., dissents with opinion.

BERANEK, Judge, dissenting.

I respectfully dissent. In this case the trial court allowed plaintiff to present the testimony of an expert witness over the defendant's objection. This witness had not formed an opinion until the Friday before the Monday of the trial. Plaintiff had not answered defendant's interrogatories propounded early in the...

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