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MELROSE NURSERY, INC. v. HUNT

Nos. 83-56, 83-227.

443 So.2d 441 (1984)

MELROSE NURSERY, INC., Julio Cesar Espinal and Florida Farm Bureau Casualty Insurance Company, Appellants, v. Phyllis HUNT, Appellee.

District Court of Appeal of Florida, Third District.

January 10, 1984.

Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot and Kathleen M. Williams, Miami, for appellants.

Daniels & Hicks and Elizabeth K. Clarke, Anderson, Moss, Russo & Gievers and Louise McMurray, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

We reverse and remand for a new trial because it was error to exclude the court-appointed expert witness when, although the witness was not in the defendants' pre-trial catalogue, the plaintiff had had possession of the expert's report for several months prior to the trial and would, therefore, not have been prejudiced by his testimony. See Binger v. King Pest Control, 401 So.2d 1310<...

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