14 Fla. L. Weekly Supp. 141b

Insurance — Personal injury protection — Discovery — Witnesses — Failure to disclose — No error in exclusion of testimony of witness not disclosed in accord with pretrial order where use of witness would prejudice opposing party

UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. FLORIDA MOBILE MRI, INC., a Florida corporation, d/b/a Landau Radiology, LLC, (a/a/o Johane Moise), Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 06-8475 CACE (12). L.T. Case No. 05-5797 COCE (51). November 2, 2006. Counsel: Joseph R. Dawson, Fort Lauderdale. Nicole Malick, Coral Gables. Angelica D. Zayas.

ORDER AND OPINION

(DORIAN DAMOORGIAN, J.) THIS CAUSE is before the Court on appeal from Broward County Court. This Court, having reviewed the record, and being fully advised in the premises, hereby finds and decides the trial court decision is AFFIRMED. See Binger v. King Pest Control, 401 So.2d 1310, 1313 (Fla. 1981) (the trial court has the discretion to exclude the testimony of a witness whose name has not been disclosed in accordance with a pretrial order and where it determines that use of such a witness would prejudice the objecting party).

ORDERED AND ADJUDGED that the trial court decision is AFFIRMED.