ritical evidence in defense of his case. Epstein cannot defend this matter when the element of unfair and prejudicial "surprise" is ever so present. Schearbrook Land and Livestock Company v. U.S. et. al, 124 F.R.D. 221 (M.D. Fla. 1988). Plaintiff's trial by ambush tactics should not be tolerated. 22. Accordingly, the Notice of Cond