WHITE v. DEPARTMENT OF TRANSPORTATION

No. 94-276.

645 So.2d 114 (1994)

W. Garnett WHITE and Paulette C. White, Appellants, v. DEPARTMENT OF TRANSPORTATION, State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 10, 1994.


Attorney(s) appearing for the Case

Will J. Richardson, Richardson Law Offices, P.A., Tallahassee, for appellants.

Thornton J. Williams, Gen. Counsel, and Marianne A. Trussell, Asst. Gen. Counsel, Tallahassee, for appellee.


GRIFFIN, Judge.

We reverse the final judgment because we agree with appellants that it was error for the lower court to permit appellee, Department of Transportation ["DOT"], to "cross-examine" appellant, W. Garnett White ["White"], by having him publish to the jury portions of a report prepared by an appraiser he had hired as a testifying expert but had elected not to call as a witness. Appellant White did not testify he had relied on the report or made use of it...

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