Dussan v. El Zoghbi
In a paternity fee dispute, the trial court denied the mother's continuance motion on the eve of trial, simultaneously refused to appoint a forensic accountant despite twice ratifying a magistrate's recommendation, and then blanket-excluded all of the mother's exhibits for late disclosure. The Third DCA reversed, holding that the denial of continuance combined with wholesale exclusion of evidence without any individualized Binger prejudice analysis deprived the movant of a meaningful day in court.
Key facts
- Mother sought paternity support and requested a continuance on the eve of trial; trial court denied the continuance, refused to appoint a forensic accountant despite twice ratifying a magistrate's recommendation, and blanket-excluded all of mother's exhibits for late disclosure.
- The trial court did not conduct individualized prejudice analysis under the Binger framework before excluding the exhibits, and the father had already possessed and relied on many of the same documents in his own filings.
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Why it matters
The opinion is a useful citation for civil litigators facing wholesale exclusion of late-disclosed exhibits: it confirms Binger's prejudice analysis extends beyond witnesses to exhibits and requires individualized… — full analysis with a trial
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