KING PEST CONTROL v. BINGER

No. 78-1495.

379 So.2d 660 (1980)

KING PEST CONTROL, Appellant, v. Robert Dennis BINGER and Beverly A. Binger, His Wife, Michael Wade Garrison, Unigard Insurance Group and "John Doe" Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 29, 1980.


Attorney(s) appearing for the Case

Edna L. Caruso, West Palm Beach and Thomas C. Heath of Carey, Dwyer, Cole, Selwood & Bernard, Fort Lauderdale, for appellant.

Arnold R. Ginsberg of Horton, Perse & Ginsberg, and Harry A. Gaines, Miami, for appellees.


DOWNEY, Chief Judge.

In this appeal from a final judgment arising out of an automobile accident appellant contends the trial court erred in 1) allowing appellees to call an unlisted witness during rebuttal, and 2) in denying a motion for new trial because of improper conduct of opposing counsel during the trial and closing argument.

The individual appellees sued appellant in 1976 for damages sustained as a result of an auto accident. The jury assessed appellees...

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