Crecelius v. Rizzitano (as Personal Representative of the Estate of Alves)
In an en banc decision, the Sixth DCA held that Binger v. King Pest Control's oft-quoted prejudice-factor paragraph is dictum, and that its actual holding only governs what a court must consider before ADMITTING undisclosed witness testimony — not before EXCLUDING it. The court affirmed the trial court's striking of the defendant's two accident-reconstruction/human-factors experts for blowing the case management order's expert disclosure deadline, holding trial courts may strictly enforce case management deadlines without first making a prejudice finding, and certified direct conflict with sixteen decisions from the First, Second, Third, and Fourth DCAs.
Key facts
- Plaintiff Crecelius sued the estate of Alves; defendant's counsel disclosed two accident-reconstruction and human-factors expert witnesses approximately three weeks after the extended deadline, with expert opinions produced only weeks before trial.
- The trial court struck defendant's two experts for missing the expert disclosure deadline without conducting a prejudice analysis, and defendant appealed.
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Why it matters
This is a major, en banc, conflict-certified decision that could upend decades of Binger practice statewide and is a strong candidate for Florida Supreme Court review. Litigators in the Sixth DCA can now defend (or… — full analysis with a trial
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