Legal Question in Appeals and Writs in Florida

We lost a small claims case this morning because we did not bring an expert witness to testify to the value of the vehicle we lost. The Defendant admitted liability and we brought photos, a written estimate and a Kelly Blue Book statement of value but the judge said that was not enough and found for the Defendant. Can you ask for a rehearing and bring a mechanic at that point? Does the mechanic have to be one that inspected the vehicle or can it be someone who inspected photos of the vehicle?

Asked on 4/16/13, 11:49 am

1 Answer from Attorneys

Robert Garven Robert Garven, Esq.

A rehearing is not the proper time to introduce new witnesses, evidence or testimony. it is not intended to be a "second trial" or a supplement to the original trial. Your best bet is to find case law that may support your contention that the evidence that you provided at trial was sufficient to prove damages. If such law exists and the trial judge fails to rule as the law indicates, an appeal would be your remedy.

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Answered on 4/16/13, 3:45 pm

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