16 Fla. L. Weekly Supp. 1173a
Online Reference: FLWSUPP 1612MARU
Insurance — Personal injury protection — Pretrial exhibit list using overly broad “any and all” language is stricken
MARUCCI WELLNESS CENTER, LLC, (as assignee of Jennifer Garcia), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-19023 COCE 53. October 14, 2009. Robert W. Lee, Judge. Counsel: Cris Boyar, for Plaintiff. Fesner Petion, for Defendant.
AMENDED ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S PRETRIAL EXHIBIT LIST
THIS CAUSE having come on to be heard upon the Plaintiff’s Motion to Strike Defendant’s Pretrial Exhibits that was heard on October 9, 2009, and the Court being fully advised in the premises after hearing argument of counsel, it is hereby;
ORDERED and ADJUDGED that said Motion be, and the same is hereby granted. United is hereby placed on notice that any pretrial exhibit list that reflects “any and all” or any other similar language that does not state with specificity what the exhibit the Defendant will be using at the time of trial shall be deemed insufficient to comply this Court’s pretrial order. This Court requires evidentiary objections to be preserved in the Joint Pretrial Stipulation. Therefore, the practice of using overly broad (“any and all”) language is unacceptable as the Plaintiff would not be able to properly object or prepare for trial.
Defendant has 10 days to file a more specific exhibit list.