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SUAREZ-BURGOS v. MORHAIM

No. 97-4160.

745 So.2d 368 (1999)

Carlos SUAREZ-BURGOS, Mario Suarez-Burgos and Government Employees Insurance Company, Appellants, v. Amy MORHAIM, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 21, 1999.

Attorney(s) appearing for the Case

Angela C. Flowers and Caryn Bellus-Lewis of Kubicki Draper, Miami, for appellants—Carlos Suarez-Burgos and Mario Suarez-Burgos.

Terry L. Watson of the Law Office of Gary E. DeCesare, Fort Lauderdale, for appellant—Government Employees Insurance Company.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and E. Hugh Chappell, Jr. of E. Hugh Chappell, Jr., P.A., Fort Lauderdale, for appellee.

WARNER, C.J.

In this appeal appellant claims that the trial court abused its discretion in granting a post-trial motion for mistrial because of the introduction of new opinions of an expert at trial without notice to the opposing party. We hold that the trial court was within its broad discretion in granting a new trial based upon prejudice and surprise where the opinions of the expert, who had performed an examination of the plaintiff pursuant to Florida Rule of...

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