Duran v. Neff

366 So.2d 169 (1979)

Facts

A trial was being presented and at 5:10 P.M. counsel for P suggested the court take a short recess before permitting him to put on an expert witness, whose examination would be lengthy. The court declined that request and recessed until the next day. P was unable to produce the witness the next day. A directed verdict was rendered for D. P appealed.