Florida Appeals Journal 24: Hearsay and the business records exception

Описание: FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 24.2021

Recorded on October 31, 2021

For educational purposes only. Not intended to be used as legal advice.

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).


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