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LINCOLN ASSOCIATES v. WENTWORTH CONST.

No. 1D09-2979.

38 So.3d 155 (2010)

LINCOLN ASSOCIATES & CONSTRUCTION, INC. and Guarantee Insurance Company, Appellants, v. WENTWORTH CONSTRUCTION COMPANY, INC. and Summit Holdings-Claims Center and Jose Armando Mejia, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 1, 2010.

Attorney(s) appearing for the Case

Keith R. Pallo of Pallo, Marks, Hernandez, Gechijian & DeMay, Palm Beach Gardens, and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for Appellants.

H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.L., West Palm Beach, for Appellees Wentworth Construction Company, Inc. and Summit Holdings-Claims Center.

David C. Wiitala of Wiitala & Contole, P.A., North Palm Beach, for Appellee Jose Armando Mejia.

PER CURIAM.

Lincoln Associates & Construction, Inc. and Guarantee Insurance Company (Lincoln/Guarantee) argue the Judge of Compensation Claims (JCC) abused his discretion by striking their defenses because a representative of Lincoln Associates failed to submit to discovery on two occasions. Because we agree, we need not reach Lincoln/Guarantee's second issue, whether the JCC abused his discretion in refusing to consider proffered testimony. Finally, because we...

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