By: Meagan Nicholson, Esq.
*Assisted by Olivia Moreno, Law Clerk (*Not an Attorney)
For decades, Florida litigators have looked to Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), when addressing late-disclosed witnesses and expert opinions. Under Binger, the exclusion analysis generally centered on prejudice to the opposing party, along with the ability to cure that prejudice, the potential disruption of trial, and any bad faith or willfulness associated with the disclosure.
The Decision
The Sixth District Court of Appeal’s recent decision in Crecelius v. Rizzitano, 430 So. 3d 268 (Fla. 6th DCA 2026), signals a stricter approach to expert disclosure deadlines. In Crecelius, the defendant repeatedly failed to meet court-ordered expert disclosure deadlines despite receiving extensions. After the defendant served expert disclosures after the applicable deadline, the trial court struck the experts. The Sixth District affirmed, emphasizing the trial court’s broad authority to enforce valid case management orders. The court also pointed to amended Florida Rule of Civil Procedure 1.200 as reinforcing trial courts’ authority to manage cases through firm scheduling deadlines, even though the amended rule did not apply during the proceedings.
The decision is notable because it shifts the emphasis from prejudice alone to the enforceability of court-ordered expert disclosure deadlines. Rather than treating prejudice as the threshold inquiry in every late-disclosure dispute, Crecelius recognizes that a missed case management deadline may itself support exclusion. For practitioners, the practical message is clear: an expert disclosure deadline may no longer be viewed as a procedural date that can be cured later, but as a litigation milestone that can affect the outcome of the case.
Why It Matters
For Florida litigators, the implications are significant. Expert testimony often plays a central role in commercial, construction, real estate, and other complex business disputes. Excluding an expert can substantially alter the course of a case, or determine its outcome altogether.
The decision also creates a certified conflict with several other Florida district courts of appeal, making Florida Supreme Court review a possibility. Whether other district courts will adopt the Sixth District’s reasoning, or whether the Florida Supreme Court will resolve the certified conflict, remains to be seen. Until then, practitioners should treat expert disclosure deadlines in case management orders as firm deadlines.
Practical Takeaways
Parties should treat expert disclosure deadlines in case management orders as enforceable litigation milestones rather than flexible scheduling targets. After Crecelius, a missed deadline may carry consequences even when the opposing party cannot show traditional Binger prejudice.
Crecelius is also a reminder that expert strategy should begin early in the case. Counsel should identify anticipated expert issues, confirm disclosure obligations, and build enough time into the litigation plan to retain experts, develop opinions, and seek timely relief if a deadline cannot be met.
If your business is involved in a commercial dispute or you have questions about how evolving legal developments may affect your litigation strategy, the litigation attorneys at Greenspoon Marder LLP are available to assist.
Meagan Nicholson is an attorney in Greenspoon Marder’s Commercial Litigation practice. She represents businesses and individuals in complex commercial disputes in state and federal courts throughout Florida and the country. Her practice includes business disputes, real estate, intellectual property, and other complex commercial litigation matters.
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