Litigation and Alternative Dispute Resolution

Fifth DCA Loosens Standard for Reversal Based on Witness Unavailability

By: Andrew Hinkes
Berger Singerman LLP (Florida, USA)

On January 20, 2012, the Florida Fifth District Court of Appeal issued an opinion in Robertson v. Robertson reversing judgment after trial based on the trial court’s denial of a continuance due

to a witness’ unavailability. Robertson is the latest in a series of cases which appear to establish that litigants need only meet a minimal standard to obtain a continuance based on a witness’ unavailability, even if they do not seek one until the day of trial, and that a trial court’s failure to grant such a continuance is reversible error. Click here to read entire article.

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