Opinion
No. 5D07-1160.
May 16, 2008.
Appeal from the Circuit Court for Orange County, Bob Wattles, Judge.
Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.
Paula C. Coffman, Orlando, for Appellee.
AFFIRMED.
GRIFFIN and ORFINGER, JJ., concur.
EVANDER, J., concurs specially, with opinion.
I would simply observe that when an attorney refuses to present any evidence at a pretrial hearing because he disagrees with the trial court's determination as to which party has the burden of proof, he does so at considerable risk.