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UNISOURCE ADMINISTRATORS, INC. and Carpenter Contractors of America, Appellants, v. Richard GREGORY, Appellee

Florida District Court of Appeal2009-01-08No. No. 1D08-2646
999 So. 2d 1092

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

AFFIRMED.

WEBSTER and LEWIS, JJ., concur; BROWNING, J., concurring with opinion.

concurrence opinion

BROWNING, J.,

concurring.

I concur with the majority opinion, and write only to dispel any thought that the JCC did not err in excluding Doctors Trujillo’s and Chambers’ depositions at trial. Such depositions are clearly relevant and admissible. It is not a JCC’s prerogative to exclude relevant testimony; such testimony should be received as evidence and then weighed. Here, the JCC impermissi-bly excluded perfectly relevant, material, and competent evidence. This case is af-firmable, only on the basis of harmless error, not that error did not occur.