PROGRESSIVE CONSUMERS INS. CO. v. DECO NATURAL STONE, INC.

No. 3D01-3123.

827 So.2d 336 (2002)

PROGRESSIVE CONSUMERS INSURANCE CO., Appellant, v. DECO NATURAL STONE, INC., Appellee.

District Court of Appeal of Florida, Third District.

September 25, 2002.


Attorney(s) appearing for the Case

Markcity, Rothman & Cantwell and Mary M. Cantwell (Plantation), for appellant.

Thomas J. Morgan, Jr., Coconut Grove, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and SORONDO, JJ.


SCHWARTZ, Chief Judge.

Because of the plainly non-prejudicial failure to timely indicate their names on a formal witness list, the trial court struck the primary witnesses for the plaintiff, resulting in a directed verdict for the defendant. This action punished the appellant far out of proportion to the magnitude of the alleged offense and thus constituted a gross and reversible abuse of discretion. See Kamhi v. Waterview Towers Condominium Ass'n, ...

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