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CARUSO v. BAUMLE

No. 5D01-2114.

835 So.2d 276 (2002)

Helen M. CARUSO, Individually and on behalf of Crystal Grubbs, a minor, Appellant, v. Earl BAUMLE, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Denying Rehearing, Granting Certification of Questions January 3, 2003.

Attorney(s) appearing for the Case

D. Paul McCaskill and Jeffrey M. Byrd of Jeffrey M. Byrd, P.A., Orlando, for Appellant.

Elizabeth C. Wheeler of Elizabeth C. Wheeler, P.A., and Lourdes Calvo-Paquette of Law Offices of Robert Soifer, Orlando, for Appellee.

SHARP, W., J.

Helen M. Caruso, individually and on behalf of Crystal Grubbs, a minor, asserts the trial court erred in ruling that appellee, Earl Baumle, could proceed to conduct post-trial discovery and present his evidence post-trial regarding the defense of PIP setoff benefits to the trial judge in a jury case. This lawsuit grew out of a 1998 automobile accident in which appellants were injured and received PIP benefits. Appellee admitted liability.

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