Anthony v. Snell, 630 So. 2d 606 (Fla. 4th DCA 1993). · Go Syfert
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Anthony v. Snell, 630 So. 2d 606 (Fla. 4th DCA 1993). Cases Citing This Book View Copy Cite
“under section 90.706, ... authoritative publications can only be used during the cross-examination of an expert and not to bolster the credibility of an expert or to supplement an opinion of the doctor which has already been formed.”
25 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Donshik v. Sherman (fladistctapp, 2003-09-10)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Donshik v. Sherman (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2003 · quote attribution · 1 verbatim quote · confidence high
under section 90.706, ... authoritative publications can only be used during the cross-examination of an expert and not to bolster the credibility of an expert or to supplement an opinion of the doctor which has already been formed.
discussed Cited as authority (rule) PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etc
Fla. Dist. Ct. App. · 2017 · confidence medium
Because section 90.706 only provides for the use of such treatises or publications on cross-examination, the statute “does not allow statements in a learned treatise to be used as substantive evidence since the treatise is hearsay if it is offered as substantive evidence.” Green v. Goldberg, 630 So.2d 606, 609 (Fla. 4th DCA 1993).
discussed Cited as authority (rule) Hartman v. Hartman
Fla. Dist. Ct. App. · 2012 · confidence medium
Torres v. Marzelli, 657 So.2d 943, 943 (Fla. 4th DCA 1995); Leibowitz v. Leibowitz, 611 So.2d 629, 629-30 (Fla. 4th DCA 1993); Sentz v. Sentz, 548 So.2d 297, 297 (Fla. 4th DCA 1989); Anthony v. Snell, 630 So.2d 606, 606 (Fla. 1st DCA 1993).
examined Cited as authority (rule) Oken v. Williams (3×) also: Cited "see"
Fla. Dist. Ct. App. · 2009 · confidence medium
Oreen, 630 So.2d at 609. (emphasis added).
discussed Cited as authority (rule) Loadholtz v. Andrews (2×)
Fla. Dist. Ct. App. · 2003 · confidence medium
See generally, e.g., Meyer, 731 So.2d at 119 (holding trial court erred in striking all of oncologist’s testimony against a gynecological surgeon even though the oncologist was not board-certified in surgery or gynecology, where patient had undergone surgery for cervical cancer and the oncologist was a specialist in diagnosing cervical cancer); Green, 630 So.2d at 606 (holding an oncologist qualified to testify against a general surgeon regarding departure from standard of care in failing to diagnose breast cancer).
discussed Cited "see" Chaphe v. Chaphe
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
See Anthony, State Dep’t of Health and Rehabilitative Servs. v. Snell, 630 So.2d 606 (Fla. 1st DCA 1993); Leibowitz v. Leibowitz, 611 So.2d 629 (Fla. 4th DCA 1993); Torres v. Marzelli 657 So.2d 943 (Fla. 4th DCA 1995).
discussed Cited "see" Penske Truck Leasing Co., LP v. Moore
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Green v. Goldberg, 630 So.2d 606, 609 (Fla. 4th DCA 1993)(holding authoritative publications cannot be used as substantive evidence as it would constitute hearsay).
discussed Cited "see" Padgett v. Sims (2×)
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Green v. Goldberg, 630 So.2d 606 (Fla. 4th DCA 1993); Catron v. Roger Bohn, D.C., P.A., 580 So.2d 814 (Fla. 2d DCA 1991).
discussed Cited "see, e.g." Liberatore v. Kaufman
Fla. Dist. Ct. App. · 2003 · signal: see also · confidence medium
Ctr. v. Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981); see also Green v. Goldberg, 630 So.2d 606, 609 (Fla. 4th DCA 1993) (stating that "[u]nder section 90.706, Florida Statutes (1991), authoritative publications can only be used during the cross-examination of an expert and not to bolster the credibility of an expert or to supplement an opinion of the doctor which has already been formed").
discussed Cited "see, e.g." Geiger v. Geiger
Fla. Dist. Ct. App. · 1994 · signal: see also · confidence low
Leibowitz v. Leibowitz, 611 So.2d 629 (Fla. 4th DCA 1993) (citing Sentz v. Sentz, 548 So.2d 297 (Fla. 4th DCA 1989) (finding modification of child support exceeded scope of contempt proceeding and constituted deprivation of due process)); see also Anthony and State, Dept. of HRS v. Snell, 630 So.2d 606 (Fla. 1st DCA 1993) (modification of child support reversed as beyond the scope of contempt proceedings and parties not noticed that modification would be at issue).
Retrieving the full opinion text from the archive…
Barbara J. ANTHONY and the State of Florida, Dept. of Health and Rehabilitative Services, Appellants,
v.
James N. SNELL, Appellee.
93-940.
District Court of Appeal of Florida, Fourth District.
Dec 10, 1993.
630 So. 2d 606
Per Curiam.
Cited by 15 opinions  |  Published

Joseph R. Boyd and William H. Branch of Boyd & Branch, P.A., Tallahassee; Chriss Walker of Dept. of HRS, Tallahassee, for appellants.

James N. Snell, pro se.

PER CURIAM.

Appellant, the custodial parent, seeks review of an order reducing the appellee's child support obligation. The trial court's modification order was issued in the context of contempt proceedings against the appellee, where no petition for modification had been filed and no notice was given to the appellants that modification was at issue. A motion for contempt does not provide a legal basis for the trial court to modify child support. Morgan v. Morgan, 429 So.2d 432 (Fla. 1st DCA 1983); Sentz v. Sentz, 548 So.2d 297 (Fla. 4th DCA 1989). Consequently, the order of modification is REVERSED.

BOOTH, MINER and KAHN, JJ., concur.