Florida Appeals Journal 24: Hearsay and the business records exception

FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 24.2021

Recorded on October 31, 2021



CITATIONS
Carratelli v. State, 832 So.2d 850, 861-63 (Fla. 4th DCA 2002) (Section 90.705(1), Florida Statutes (2001) allows an expert to “testify in terms of opinion or inferences ... without prior disclosure of the underlying facts or data.” Where on direct examination an expert does not specifically describe the data upon which an opinion is based, “the expert may be asked on cross-examination about the underlying facts and data. During cross-examination, the expert may be required to disclose all of the evidence relied upon regardless of whether it is otherwise admissible.”).

M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki, P.A., 932 So.2d 459, 464 (Fla. 4th DCA 2006) (When an expert’s opinion is based on speculation and conjecture, not supported by the facts, or not arrived at by recognized methodology, the testimony will be stricken.).

Centex-Rooney Construction Co., Inc. v. Martin County, 706 So.2d 20, 28 (Fla. 4th DCA 1997).

Maslak v. Wells Fargo Bank, N.A., 190 So.3d 656 (Fla. 4th DCA 2016).

Jackson v. Household Finance Corporation III, 298 So.3d 531 (Fla. 2020) (to lay foundation, a witness is not required to detail the basis for his or her familiarity with the relevant business practices, disapproving Maslak v. Wells Fargo Bank, N.A., 190 So.3d 656).


PLEASE SEND ALL INQUIRIES TO jcarroll@jscappeal.com
••••••••••••••••••••••••••••
If you find this video useful, please LIKE it and SHARE it with colleagues you think will find it valuable. Please SUBSCRIBE to the channel (and click the bell) to receive notice when we publish new videos.

If you have comments, please leave them in the section provided below. If you have specific questions, please call us at the number below.

If you have other topics you'd like us to cover, please email us at jcarroll@jscappeal.com

Florida Appeals Journal presentations are for educational purposes only and not intended as legal advice.

••••••••••••••••••••••••••••••••
Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/by/3.0/
••••••••••••••••••••••••••••••••

The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, post-trial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.

Law Offices of Jennifer S. Carroll, PA
1001 US-1
Jupiter, FL 33477

jcarroll@jscappeal.com

(561) 478-2102
(888) 302-1320