Be Quick, but Don’t Hurry – Improper Motions to Exclude Evidence

In this unpublished opinion, the Court of Appeals determined (1) Plaintiff was asking for an opportunity to present testimony to prove that his claims against ISpine were admissible, and the trial court incorrectly instead ruled on the merits of Plaintiff’s claim; (2) Plaintiff’s Motion for Reconsideration was based upon a piece of new evidence, so Plaintiff had not presented a palpable error requiring reconsideration, and the trial court did not err by denying the Motion for Reconsideration.