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What the Demise of the Binger Analysis on Late Disclosure Means for Trial Counsel
July 27, 2026
The May-June 2026 issue of the HCBA’s Lawyer magazine includes an article by shareholder Kristin Norse on “The Demise of the Binger Analysis for Late Disclosure.” The article traces how recent amendments to the Florida Rules of Civil Procedure and the Sixth District Court of Appeal’s en banc decision in Crecelius v. Rizzitano have upended decades of practice under Binger v. King Pest Control — the case that long governed and limited a trial court’s discretion to exclude late-disclosed witnesses and evidence. The shift means proper case management is now critical, as late disclosures may be excluded and hobble a case regardless of whether they would prejudice the other side.
