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Castellanos v. K-Mart Store

District Court of Appeal of Florida, Third District
Mar 22, 1994
632 So. 2d 1057 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1706.

February 1, 1994. Rehearing Denied March 22, 1994.

Appeal from the Circuit Court, Dade County, Jon I. Gordon, J.

Raymond Castellanos, in pro per.

Peters, Robertson, Lax, Parsons Welcher and Steven B. Sundook, Fort Myers, for appellee.

Before BASKIN, LEVY and GODERICH, JJ.


We reverse the final judgment in defendant's favor entered after the court granted defendant's motion for directed verdict. The trial court abused its discretion in denying plaintiff's motion for continuance after allowing plaintiff's counsel to withdraw on the day of trial. Castle Club Corp. v. Liberty Int'l, Inc., 598 So.2d 263 (Fla. 3d DCA 1992); Hub Financial Corp. v. Olmetti, 465 So.2d 618 (Fla. 4th DCA 1985). The record does not demonstrate that defendant would have been prejudiced by allowing plaintiff a continuance to obtain new counsel. Castle Club Corp., 598 So.2d at 263.

Reversed and remanded for a new trial.


Summaries of

Castellanos v. K-Mart Store

District Court of Appeal of Florida, Third District
Mar 22, 1994
632 So. 2d 1057 (Fla. Dist. Ct. App. 1994)
Case details for

Castellanos v. K-Mart Store

Case Details

Full title:RAYMOND CASTELLANOS, APPELLANT, v. K-MART STORE, A FOREIGN CORPORATION…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 22, 1994

Citations

632 So. 2d 1057 (Fla. Dist. Ct. App. 1994)

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