Motion,Ex Parte: Rawatee Cecil, et al Plaintiff vs. Universal Property & Casualty Insurance Company Defendant

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                                Filing# 156928101 E-Filed 09/07/2022 03:09:39                      PM


        RAWATEE CECIL AND                                               IN THE CIRCUIT COURT OF THE 17TH
        BALRAM CECIL,                                                   JUDICIAL CIRCUIT, IN AND FOR
                                                                        BROWARD COUNTY, FLORIDA
                 Plaintiff.

                                                                        GENERAL JURISDICTION DIVISION
        V
                                                                        CASE NO.: CACE-21-010688
        UNIVERSAL PROPERTY & CASUALTY
        INSURANCE COMPANY,

                 Defendant.
                                                   i



                                PLAINTIFFS'        MOTION IN LIMINE - GENERAL ISSUES
                  COMES NOW,               the Plaintiffs'     RAWATEE CECIL AND BALRAM                         CECIL, (the

                  by and through their undersigned counsel, and respectfully
        Plaintiffs),                                                       requests the Trial Court to


        enter an Order grantingthis          Motion     in   Limine excluding from the admission into evidence and


                  Defendant,
        prohibiting                     UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY,

        its attorneys,     and   its   witnesses, from testifyingto, commenting on, or alluding to, during the


                                      matters, jury selection,arguments,
        proceedings (includingpre-trial                                                          trial    testimony, and jury

        instructions     and deliberations)
                                         or while otherwise          in the presence ofthe jurors,
                                                                                                 any ofthe         following

        matters:



                  1.   The Defendant should be precluded from raisingany             additional defenses or legalissues


        not properlyasserted in the pleadings.The Plaintiffs are entitled to relyon the pleadingsand any


        new    defenses not set forth therein are        deemed waived. The        Plaintiffs will       be prejudicedas they

        will   be unable   to   prepare for any   new legalarguments at the time      oftrial.   The Plaintiffs   are entitled


        to a trial based   on the issues framed within the pleadingsof this           case.




                 2.    The Defendant should be precluded from discussingor introducingany                        exhibits not


        previouslyraised or        listed in the           catalogue Cooke
                                                   pre-trial                  v.   Ins. Co.   of North America, 652 So.




            *** FILED:   BROWARD COUNTY,           FL   BRENDA D. FORMAN, CLERK 09/07/2022 03:09:39              PM.****
2d 1154 (Fla.2d          DCA   1995).This includes,but         is   not limited to, those exhibits which Defendant


has asserted work- product privilegeand which have not been disclosed in the discoveryprocess


of the subjectlawsuit. The Plaintiffs will be prejudicedby being unable to fullyevaluate any                         last-



minute    exhibits.      Moreover, Defendant should not be permittedto allow a previouslylisted                       fact


witness to offer expert testimony in the form of opiniontestimony.



          3.   The Defendant should be precludedfrom callingany witnesses not listed on its final pre-

trial disclosures.        This Court has the discretion to prohibitthe callingof these witnesses or


introduction of exhibits not previouslylisted or disclosed. See Binger                     v.
                                                                                                King Pest Control, 401

So.    2d 1310 (Fla.1981).The           Plaintiffs will suffer unfair       prejudiceand surpriseifthe Defendant          is



allowed to      call   these witnesses or introduce these exhibits at trial. Florida Statute § 90.401 defines


"relevant evidence" as evidence tendingto prove or disprovea material fact. Additionally,
                                                                                        section


90.403 provides that even evidence that               is   relevant    is   not admissible if     its   probative value   is



outweighed by the risk of prejudiceto a party. Allowing the Defendant to introduce any evidence

or    make any comment(s) regarding the above                  matters in the presence of the jury              would be

                   to the Plaintiff and would confuse the jury and detract from the true issues
extremelyprejudicial

and the merits in        this case.   The above would not be relevant          or   would be   collateral to the issues   of

this trial   and would serve only to confuse and           distract the      jury.



          WHEREFORE, Plaintiffs,RAWATEE CECIL AND BALRAM CECIL, by and through

undersigned counsel,respectfully
                               requests                this   Honorable Court grant this Motion in Limine and


prevent the introduction of testimony and evidence referenced herein, along with any other relief

this   Court deems necessary, just,or proper.
                                     CERTIFICATE OF SERVICE
       I   HEREBY CERTIFY that a true and correct copy o f the foregoingpleading was served
by Electronic Service via   the Florida Courts E-filingE-portalon September 7,2022.




                                              MOISES IGROSS PLLC.

                                              Attorneys for Plaintiff
                                              999 Ponce de Leon Blvd., Suite 945
                                              Coral Gables,   FL 33134
                                              T: (305) 306-3055
                                              F:   (305) 907-5319
                                              Service@moisesgross.com

                                             By: /s/ Carolina Quintana
                                              Carolina Quintana, ESQ.
                                              Florida Bar No: 0096935