In Re Commitment of DeBolt, 19 So. 3d 335 (Fla. 2d DCA 2009). · Go Syfert
Search
In Re Commitment of DeBolt, 19 So. 3d 335 (Fla. 2d DCA 2009). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Ward L. Kenyon v. State of Florida (fladistctapp, 2025-12-10)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) Ward L. Kenyon v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Ehrhardt, Florida Evidence § 610.8 (2012 ed.). 17 “Counsel may therefore not make inquiries on cross-examination about unethical conduct on the part of expert witnesses, or disciplinary actions in their profession.” In re Commitment of DeBolt, 19 So. 3d 335, 337 (Fla. 2d DCA 2009) (internal citation omitted).
discussed Cited as authority (rule) Clark v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
See Pesci v. State, 963 So.2d 780, 785 (Fla. 3d DCA 2007) (finding no abuse of discretion in the introduction of police reports wherein the defendant admitted to the psychologists the accuracy of most of the hearsay evidence that was presented and this hearsay evidence was not the sole basis for the defendant’s commitment); Sloss v. State, 925 So.2d 419, 423 (Fla. 5th DCA 2006); Lee v. State, 854 So.2d 709, 713 (Fla. 2d DCA 2003) receded from on other grounds by In re Commitment of DeBolt, 19 So.3d 335, 338 (Fla. 2d DCA 2009) (en banc).
discussed Cited as authority (rule) Roosevelt v. State (2×)
Fla. Dist. Ct. App. · 2010 · confidence medium
In a case indistinguishable from our situation, the Second District, in an en banc opinion, held that “counsel may not make inquiries on cross-examination about unethical conduct on the part of expert witnesses, or disciplinary actions in their profession.” In re: Commitment of DeBolt, 19 So.3d 335, 337 (Fla. 2d DCA 2009).
discussed Cited as authority (rule) Webster v. Body Dynamics, Inc. (2×)
Fla. Dist. Ct. App. · 2010 · confidence medium
Reversal is unwarranted in a civil case unless the appellant demonstrates that “it is reasonably probable that a result more favorable to the appellant would have been reached if the error had not been committed.” In re Commitment of DeBolt, 19 So.3d 335, 337 (Fla. 2d DCA 2009) (quoting Damico v. Lundberg, 379 So.2d 964, 965 (Fla. 2d DCA 1979)).
discussed Cited "see" Special v. Baux
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See In re Commitment of DeBolt, 19 So.3d 335 (Fla. 2d DCA 2009); Esaw v. Esaw, 965 So.2d 1261 (Fla. 2d DCA 2007); Fla. Inst. for Neurological Rehab., Inc. v. Marshall, 943 So.2d 976 (Fla. 2d DCA 2006); Damico v. Lundberg, 379 So.2d 964 (Fla. 2d DCA 1979) (citing Stecher) (on rehearing). .
discussed Cited "see, e.g." In RE the Detention of Jonathan Edwin Stenzel Jonathan Edwin Stenzel
Iowa · 2013 · signal: see also · confidence medium
Id. at 261 ; see also In re Commitment of Williams, 841 So.2d 531, 531-32 (Fla.Dist.Ct.App.2003) (holding that experts could refer to facts in police reports in an SVP proceeding, but distinguishing the situation where neither criminal charges had been brought nor a conviction obtained based on those reports), overruled on other grounds by In re Commitment of DeBolt, 19 So.3d 335, 338 (Fla.Dist.Ct.App.2009).
In Re COMMITMENT OF George DeBOLT. George DeBolt, Appellant,
v.
State of Florida, Appellee
2D07-2174.
District Court of Appeal of Florida, Second District.
Mar 4, 2009.
19 So. 3d 335
James Marion Moorman, Public Defender, and Frank D.L. Winstead, Special Assistant Public Defender, Bartow, for Appellant., Bill McCollum, Attorney General, Tallahassee, and Joseph Hwan-Yul Lee, Assistant Attorney General, Tampa, for Appel-lee.
Northcutt, Altenbernd, Fulmer, Whatley, Casanueva, Davis, Silberman, Kelly, Villanti, Wallace, Larose, Khouzam.
Cited by 10 opinions  |  Published
PER CURIAM.

George DeBolt was found to be a sexually violent predator and was civilly committed pursuant to the Jimmy Ryce Act (“the Act”) following a jury trial. DeBolt argues that the trial court abused its discretion in allowing the State to question one of his experts regarding a past disciplinary matter. We agree and reverse.

In February 2002, the State filed a notice of its intention to seek the involuntary[*337] civil commitment of DeBolt as a sexually violent predator pursuant to the Act. At the civil commitment trial, the State presented two expert witnesses who evaluated DeBolt and determined that he qualified as a sexually violent predator. DeBolt presented two expert witnesses who testified to the contrary. During cross-examination of one of DeBolt’s expert witnesses, the State was permitted to ask the following question regarding Dr. Brown’s credibility over defense objection:

Q: Dr. Brown, in the state of Washington, in 1999, you were formally disciplined and received a four-year restriction on your license as a sex offender treatment provider for adolescent sex offenders. Is that not true?

Dr. Brown responded in the affirmative. On redirect, Dr. Brown explained the circumstances surrounding the disciplinary proceeding, which had nothing to do with his work in Florida in Jimmy Ryce cases. After deliberations, the jury unanimously found DeBolt a sexually violent predator and the trial court thereafter entered a judgment and commitment order.

DeBolt filed a motion for a new trial alleging that the trial court erred in permitting the State to attack the credibility of DeBolt’s witness regarding a past disciplinary matter. After a hearing on the motion, the trial court denied DeBolt’s motion for a new trial and subsequently rendered a written order denying same. In the instant appeal, DeBolt makes the same argument he made in his motion for new trial.

Section 90.609, Florida Statutes (2006), provides that the character of a witness may be attacked only by reputation evidence that refers to character relating to truthfulness. Under section 90.610, a witness’s credibility can only be impeached by convictions of crimes involving false statements or dishonesty. Thus, evidence regarding particular acts of misconduct may not be introduced for purposes of impeaching a witness’s credibility. See Farinas v. State, 569 So.2d 425, 429 (Fla.1990); Tormey v. Trout, 748 So.2d 303, 306 (Fla. 4th DCA 1999). Counsel may therefore not make inquiries on cross-examination about unethical conduct on the part of expert witnesses, Farinas, 569 So.2d at 429, or disciplinary actions in their profession, Tormey, 748 So.2d at 306.

The State’s question in this case about whether Dr. Brown had been formally disciplined during his treatment of adolescent sex offenders goes far beyond convictions of crimes involving false statements or dishonesty and into the realm of the improper questioning referenced above. Accordingly, the trial court abused its discretion in allowing the question over DeBolt’s objection.

We next address the State’s argument that any error in allowing the question was harmless. Because the Act is civil in nature and not criminal, see State v. Harris, 881 So.2d 1079, 1083 (Fla.2004), we apply the civil standard for harmless error, see Marshall v. State, 915 So.2d 264, 268 (Fla. 4th DCA 2005). DeBolt must establish that “it is reasonably probable that a result more favorable to the appellant would have been reached if the error had not been committed.” Damico v. Lundberg, 379 So.2d 964, 965 (Fla. 2d DCA 1979); see also Esaw v. Esaw, 965 So.2d 1261, 1264 (Fla. 2d DCA 2007); Fla. Inst. for Neurologic Rehab., Inc. v. Marshall, 943 So.2d 976, 979 (Fla. 2d DCA 2006). It is clear in civil cases where expert testimony is the focal point of the trial that the erroneous admission of expert credibility evidence constitutes harmful error. See Linn v. Fossum, 946 So.2d 1032, 1041 (Fla.2006); Donshik v. Sher [*338] man, 861 So.2d 53, 56 (Fla. 3d DCA 2003); Myron ex rel. Brock v. Doctors Gen. Hosp., Ltd., 704 So.2d 1083, 1092 (Fla. 4th DCA 1997).

The instant case boiled down to a credibility contest between the State’s two experts, who testified that DeBolt qualified as a sexually violent predator, and De-Bolt’s two experts, who testified to the contrary. The evidence that was erroneously admitted discredited one of DeBolt’s experts on the basis that he was formally disciplined and received a four-year restriction on his license as a sex offender treatment provider for adolescent sex offenders. Because expert testimony was the focal point of the trial, the improper attack on Dr. Brown’s credibility was not harmless.

We recognize that this court has previously applied the criminal harmless error standard in Jimmy Ryce appeals. See Lee v. State, 854 So.2d 709, 712-13 (Fla. 2d DCA 2003); Williams v. State (In re Williams), 841 So.2d 531, 531 (Fla. 2d DCA 2003). To the extent that they conflict with our holding today, we recede from those decisions.

Reversed and remanded.

NORTHCUTT, C.J., and ALTENBERND, FULMER, WHATLEY, CASANUEVA, DAVIS, SILBERMAN, KELLY, VILLANTI, WALLACE, LaROSE, and KHOUZAM, JJ., [1] Concur.