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MIAMI HEART INSTITUTE v. HEERY ARCHITECTS & ENG., INC.

No. 88-1714-CIV-DAVIS.

765 F.Supp. 1083 (1991)

MIAMI HEART INSTITUTE, INC., a not-for-profit Florida corporation, Plaintiff, v. HEERY ARCHITECTS AND ENGINEERS, INC., f/k/a Heery & Heery Architects and Engineers, Inc., a foreign corporation, Defendant.

United States District Court, S.D. Florida.

June 7, 1991.

Attorney(s) appearing for the Case

Kelly Drye & Warren, Miami, Fla., for plaintiff; Robert W. Wells, Ignacio E. Sanchez, of counsel.

Walton Lantaff Schroeder & Carson, Miami, Fla., for defendant; David K. Tharp, Patrick J. Toomey, of counsel.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.*

Plaintiff, Miami Heart Institute, Inc. ("Miami Heart"), moved in limine to preclude defendant, Heery Architects and Engineers, Inc. ("Heery") from introducing certain testimony regarding the design and contingency clause in the contract between the parties. At oral argument on the motion immediately prior to jury selection...

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