relaxed evidentiary standard (Florida) · Go Syfert
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relaxed evidentiary standard in Florida

5 Florida opinions name it 2 courts 1997–2024 1 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.

Followed or applied (2)

CaseFollowedCited
Henley v. Henleygreen
lactapp · 1993 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Hernandez v. Crespo, 211 So. 3d 19, 25 (Fla. 2016); see also Echarte, 618 So. 2d at 194 .

11
Eileen Hernandez, M.D. v. Lualhati Crespogreen
fla · 2016 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Hernandez v. Crespo, 211 So. 3d 19, 25 (Fla. 2016); see also Echarte, 618 So. 2d at 194 .

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Smith v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014But see, Smith v. State, 941 So.2d 479 (Fla. 3d DCA 2006) (restitution amount could not be based solely upon hearsay evidence to which defendant objected); Bianchini v. State, 77 So.3d 247 (Fla. 4th DCA 2012) (hearsay not admissible in a restitution hearing when there is a proper objection to its admission); T.J.N. v. State, 977 So.2d 770 (Fla. 2d DCA 2008) (same).

11

Also cited on this issue (4)

CaseCitedYears
University of Miami v. Echarte green
fla · 1993
2 sentences

2013Further, a claimant who accepts a defendant’s offer to have damages determined by an arbitration panel receives the additional benefits of: 1) the relaxed evidentiary standard for arbitration proceedings as set out by section 120.58, Florida Statutes (1989); 2) joint and several liability of multiple defendants in arbitration; 3) prompt payment of damages after the determination by the arbitration panel; 4) interest penalties against the defendant for failure to promptly pay the arbitration award; and 5) limited appellate review of the arbitration award requiring a showing of “manifest injusti

2000Further, a claimant who accepts a defendant's offer to have damages determined by an arbitration panel receives the additional benefits of: 1) the relaxed evidentiary standard for arbitration proceedings as set out by section 120.58, Florida Statutes (1989); 2) joint and several liability of multiple defendants in arbitration; 3) prompt payment of damages after the determination by the arbitration panel; 4) interest penalties against the defendant for failure to promptly pay the arbitration award; and 5) limited appellate review of the arbitration award requiring a showing of "manifest injusti

31997–2013
TJN v. State green
fladistctapp · 2008
1 sentence

2014But see, Smith v. State, 941 So.2d 479 (Fla. 3d DCA 2006) (restitution amount could not be based solely upon hearsay evidence to which defendant objected); Bianchini v. State, 77 So.3d 247 (Fla. 4th DCA 2012) (hearsay not admissible in a restitution hearing when there is a proper objection to its admission); T.J.N. v. State, 977 So.2d 770 (Fla. 2d DCA 2008) (same).

12014–2014
Bianchini v. State neutral
fladistctapp · 2012
1 sentence

2014But see, Smith v. State, 941 So.2d 479 (Fla. 3d DCA 2006) (restitution amount could not be based solely upon hearsay evidence to which defendant objected); Bianchini v. State, 77 So.3d 247 (Fla. 4th DCA 2012) (hearsay not admissible in a restitution hearing when there is a proper objection to its admission); T.J.N. v. State, 977 So.2d 770 (Fla. 2d DCA 2008) (same).

12014–2014
Box v. State green
fladistctapp · 2008
1 sentence

2014As another example, at least one court has applied a relaxed evidentiary standard in restitution hearings, holding that hearsay is admissible in such hearings provided the hearsay evidence bears “some minimal indicia of reliability.” Box v. State, 993 So.2d 135 (Fla. 5th DCA 2008).

12014–2014

Statutes the citing opinions construe

FL § 766.201 (4) FL § 766.207 (4)

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.

Where else courts name it

LA 21 (1998–2024) IL 6 (2001–2001) FL 5 (1997–2024) NY 5 (1972–2024) WI 2 (2005–2009) DE 2 (2021–2021) PA 2 (2000–2001) KS 2 (2008–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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