Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Florida opinions name it 2 courts 1986–2014 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jacobs v. Wainwrightgreen2 sentences2013See 90.104(l)(b), Fla. Stat. (2009) (“A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and [w]hen the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.”); see generally Blackwood v. State, 777 So.2d 399, 410-11 (Fla.2000) (“In order to preserve a claim based on the court’s refusal to admit evidence, the party seeking to admit 1986See also Woodson v. State, 483 So.2d 858 (Fla. 5th DCA 1986); Nava v. State, 450 So.2d 606 (Fla. 4th DCA 1984); Jacobs v. Wainwright, 450 So.2d 200 (Fla.1984); Ehrhardt, Florida Evidence § 104.3 (2d Ed. 1984). | 1 | 2 |
Lynch v. McGoverngreen1 sentence2014In Lynch v. McGovern, 270 So.2d 770, 772 (Fla. 4th DCA 1972) (quoting Wigmore on Evidence, Vol. 2 (3d ed.), section 278, at 120), the Fourth District stated: * * * it has always been understood — the inference, indeed, is one of the simplest in human experience — that a party’s falsehood or other fraud in the preparation and presentation of his cause, his fabrication or suppression of evidence by bribery or spoliation, and all similar conduct, is receivable against him as an indication of his consciousness that his case is a weak or unfounded one; and from that consciousness may be inferred th | 1 | 1 |
Blackwood v. Stategreen1 sentence2013See 90.104(l)(b), Fla. Stat. (2009) (“A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and [w]hen the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.”); see generally Blackwood v. State, 777 So.2d 399, 410-11 (Fla.2000) (“In order to preserve a claim based on the court’s refusal to admit evidence, the party seeking to admit | 1 | 1 |
Lucas v. Stategreen1 sentence2013See 90.104(l)(b), Fla. Stat. (2009) (“A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and [w]hen the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.”); see generally Blackwood v. State, 777 So.2d 399, 410-11 (Fla.2000) (“In order to preserve a claim based on the court’s refusal to admit evidence, the party seeking to admit | 1 | 1 |
O'Shea v. O'Sheagreen1 sentence1994See also O'Shea v. O'Shea, 585 So.2d 405, 407 (Fla. 1st DCA 1991). | 1 | 1 |
Woodson v. Stategreen1 sentence1986See also Woodson v. State, 483 So.2d 858 (Fla. 5th DCA 1986); Nava v. State, 450 So.2d 606 (Fla. 4th DCA 1984); Jacobs v. Wainwright, 450 So.2d 200 (Fla.1984); Ehrhardt, Florida Evidence § 104.3 (2d Ed. 1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Seeba v. Bowden
green
2 sentences1995Dr. Key points to Seeba v. Bowden, 86 So.2d 432 (Fla. 1956), in which this Court stated that it was unnecessary to make a proffer of excluded testimony in order to preserve error where the testimony is excluded on the basis that the witness is incompetent. 1991However, section 90.104(1)(b), Florida Statutes, provides: (1) A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and: (b) When the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked. (e.s.) In Seeba v. Bowen, 86 So.2d 432 (Fla. 1956), Justice O'Connell wrote that a proffer is unnecessary "where the offer would be a useless ceremo | 2 | 1991–1995 |
A. McD. v. State
green
1 sentence1990"It is axiomatic that failure to proffer what the excluded evidence would have revealed precludes appellate consideration of the alleged error." A.McD. v. State, 422 So.2d 336 , 337 Fla. 3d DCA 1982) (citations omitted). | 1 | 1990–1990 |
Nava v. State
green
1 sentence1986See also Woodson v. State, 483 So.2d 858 (Fla. 5th DCA 1986); Nava v. State, 450 So.2d 606 (Fla. 4th DCA 1984); Jacobs v. Wainwright, 450 So.2d 200 (Fla.1984); Ehrhardt, Florida Evidence § 104.3 (2d Ed. 1984). | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.