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GRIEFER v. DiPIETRO

Nos. 96-2481, 96-2958, 96-2964 and 97-0223.

708 So.2d 666 (1998)

David GRIEFER and Ann Griefer, his wife, as Guardians of the Person and Property of Laurel B. Griefer, an Incompetent, Appellants/Cross-Appellees, v. Michael Jon DiPIETRO and Myra DiPietro, a/k/a Myra Bellio, a/k/a Myra J. Chandler, a/k/a Myra LaPoint, a/k/a Myra No Last Name, a/k/a Myra, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

April 8, 1998.

Attorney(s) appearing for the Case

Arthur J. England, Jr. and Joe N. Unger of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, and Benjamin J. Weaver, Jr. and Diane J. Weaver of Krupnick, Campbell, Malone, Roselli, Buser, Slama & Hancock, P.A., Fort Lauderdale, for appellants/cross-appellees.

Edward D. Schuster of Kessler, Massey, Catri, Holton & Kessler, P.A., Fort Lauderdale, for appellees/cross-appellants.

WARNER, Judge.

In the second trial of this personal injury action, the trial court excluded testimony of the appellants' human factors expert for a discovery violation and refused to allow the appellants' accident reconstruction expert to testify in rebuttal. We hold that the exclusion of these experts' testimonies was error and reverse again for a new trial.

In our prior opinion in Griefer v. DiPietro, 625 So.2d 1226

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