Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family court prevents expert witnesses from testifying, it may be due to a party’s failure to timely disclose the witness and/or the witness’ opinions. This was an issue in the case Aguilar v. Leal, 3D25-2261 (Fla. 3d DCA January 28, 2026).
In what appears to be a general civil case, one party’s expert witness was stricken by the court because the party failed to timely disclose the witness’ opinions. The party subsequently filed a report stating the expert’s opinion concerning the cost of future care for the party. The party filed a petition for writ of certiorari with the appellate court to challenge the striking of the expert.
Citing the standard for a petition for writ of certiorari, the appellate court held “The exclusion of [the appellant’s] expert’s evidence, if erroneous, can be corrected on appeal of a final judgment. Although [the appellant] argues the evidence is material and critical to his case, he has not shown that he will be prevented from making a proffer of the evidence. Because there is no irreparable harm shown, we dismiss the petition for lack of jurisdiction as we have previously done in similar circumstances.”
Nothing in this article is intended to be legal advice. For specific advice about your case, schedule a meeting with a Miami family law attorney to discuss the next best steps in your case.