Annotations, Discussions, Cases:
Cases Citing Statute 90.202
Total Results: 120
969 So. 2d 318, 2007 WL 3196523
Supreme Court of Florida | Filed: Nov 1, 2007 | Docket: 1725985
Cited 40 times | Published
...icularly since both parties stipulated to the introduction of this material and reasonably relied upon the Lightbourne materials being in the record based on the court's initial representations indicating that it would take notice of that testimony. Section 90.202, Florida Statutes (2006), provides in relevant part: A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201 [setting forth those items that "must" be judicially noticed]: . . . . (6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States. See § 90.202(6), Fla....
762 So. 2d 870, 2000 WL 350558
Supreme Court of Florida | Filed: Apr 6, 2000 | Docket: 472165
Cited 37 times | Published
...Moreover, the hearsay statement was not subjected to cross-examination, and it falls under no recognized exception to the hearsay rule. The only asserted basis for the admission of the hearsay statement was judicial notice. Although a trial court may take judicial notice of court records, see § 90.202(6), Fla....
508 So. 2d 395, 12 Fla. L. Weekly 1115, 1987 Fla. App. LEXIS 8025
District Court of Appeal of Florida | Filed: Apr 29, 1987 | Docket: 1648890
Cited 30 times | Published
...d a motion requesting this court to take judicial notice of the excluded Staff Summary and Analysis. Matters which must be judicially noticed are set forth in section 90.201 of the Evidence Code, and matters which may be judicially noticed appear in section 90.202. Section 90.203, Florida Statutes (1985), provides that a court shall take judicial notice of any matter in section 90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to meet the request....
831 So. 2d 137, 2002 WL 31319392
Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1387757
Cited 29 times | Published
...Ehrhardt, Florida Evidence § 803.8 (2001 ed.). Furthermore, and contrary to petitioner's argument, the hearsay cannot be considered merely because it is part of the court file. Although a trial court may take judicial notice of court records, see § 90.202(6), Fla....
508 So. 2d 744, 56 U.S.L.W. 2042
District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1648848
Cited 22 times | Published
...fication. The final judgment had explicitly provided that the parties at any future hearing were entitled to utilize relevant evidence dating from the conception of the child. The trial court properly took judicial notice of the written report under section 90.202(6), Florida Statutes....
424 So. 2d 132
District Court of Appeal of Florida | Filed: Dec 28, 1982 | Docket: 1297440
Cited 19 times | Published
...ch was before the local Pinellas County PERC where HCGEA's registration was revoked because of its failure to disclose its affiliation status. Pinellas County requests the Court take judicial notice of the county PERC record and decision pursuant to Section 90.202, Florida Statutes....
...atters but merely to limit the impact of the "no evidence" statement in the final order on appeal to the record in this case and to reflect that there were differences in the evidence considered by the two agencies. Pinellas County argues, citing to Section 90.202(6), that judicial notice is appropriate because the Pinellas County PERC order is currently on appeal to the Second District *134 Court of Appeal and the matters in the appendix are portions of the record before that court. Lastly, Pinellas County asserts that the disputed portion of the appendix is properly included in the appendix as "other authority". Because Section 90.203 states that a court shall take judicial notice of any matter in Section 90.202 when properly requested, we must determine whether Section 90.203 applies to appellate proceedings....
...F & H of Jacksonville, Inc., 258 So.2d 316 (Fla. 1st DCA 1972). We therefore hold that The Florida Evidence Code does not apply to appellate proceedings, [1] and we are not bound by Section 90.203 to take judicial notice of those matters listed in Section 90.202....
640 So. 2d 1183, 1994 WL 390761
District Court of Appeal of Florida | Filed: Jul 27, 1994 | Docket: 1371484
Cited 17 times | Published
...The marked twenty-dollar bill was found on the dumpster. [2] I. JUDICIAL NOTICE OF THE SCHOOL Mr. McKinney first argues the trial court erred in taking judicial notice that Lakeland Christian School is a school for purposes of section 893.13(1)(c), Florida Statutes (1991). Section 90.202(11) permits a court to take judicial notice of "facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court." Section 90.202(12) permits notice of "facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." We conclude these provisions authorize the trial court to take judicial notice of the legal status of Lakeland Christian School....
...No such question has been raised at any subsequent time. Indeed, this court has published at least one opinion in which Lakeland Christian School was the school relied upon for purposes of this statute. Stamps v. State, 620 So.2d 1033 (Fla. 2d DCA 1993). We recognize that a judge cannot use sections 90.202(11) and (12) to take notice of matters known to the judge, as compared to matters known in the community....
69 So. 3d 235, 2011 WL 320985
Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 2356258
Cited 16 times | Published
...within the court file. In Florida, a court may take judicial notice of various matters including "[r]ecords of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States." § 90.202(6), Fla....
470 So. 2d 770, 10 Fla. L. Weekly 1406
District Court of Appeal of Florida | Filed: Jun 7, 1985 | Docket: 1676407
Cited 15 times | Published
...f substantive proof of an expert opinion, see section 90.706 [7] (restricting the use of such literature to the cross-examination of an expert witness); nevertheless, *781 Florida does permit judicial notice of opinions from other jurisdictions. See section 90.202(2), authorizing judicial notice of the "[d]ecisional ......
680 So. 2d 538, 1996 WL 392958
District Court of Appeal of Florida | Filed: Jul 16, 1996 | Docket: 1201890
Cited 14 times | Published
...analities." Hardy v. Johns-Manville Sales Corp., 681 F.2d 334, 347-48 (5th Cir.1982). When the concept of judicial notice was legislatively adopted in the Florida Evidence Code, Chapter 90, Florida Statutes, this historic caution was codified. Thus, section 90.202, Florida Statutes (1995), permits a court to take judicial notice of only a limited number of matters. [4] Only subsection 90.202(11), dealing with generally known *542 facts, and subsection 90.202(12), dealing with indisputable facts, could arguably provide a basis for the judicial notice in the instant case. We first consider judicial notice under subsection 90.202(12)....
...To fulfill the requirements of this provision, the facts sought to be noticed must not be subject to dispute "because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." Obviously, to fit within subsection 90.202(12), accurate records or other sources must exist which establish the judicially-noticed fact....
...Here, no records or sources were before the trial court which established the "fact" of which the trial court took judicial notice. Further, on appeal, we have not been directed to any indisputable source which establishes the judicially-noticed fact in this case. Thus, judicial notice was not appropriate under section 90.202(12). Turning to subsection 90.202(11), to fulfill the requirements of this provision the noticed facts must not be subject to dispute "because they are generally known within the territorial jurisdiction of the court." This subsection is recognized to be a codification...
...lve `common notoriety' or are `commonly known'." Ehrhardt, Florida Evidence § 202.11, at 51 (footnotes omitted). See, Makos, 64 So.2d at 673. The judicially-noticed matter in the instant case is an inappropriate subject for judicial notice under subsection 90.202(11), because it is not a "fact" that is "generally known" within the meaning of the statute....
...[3] Regarding conduct in front of the child by the former wife and her lesbian partner, the court-appointed psychologist testified below that their behavior together was not "inappropriate" and that the psychologist had not seen evidence that the former wife's conduct had negatively impacted the child. [4] Section 90.202, Florida Statutes (1995), provides as follows: 90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent that they are not embraced within s....
466 So. 2d 1156, 10 Fla. L. Weekly 817, 1985 Fla. App. LEXIS 13166
District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 2567113
Cited 13 times | Published
...Appellant's first point, that the court erred in taking judicial notice of the prior adjudicatory case files because appellant was not represented by counsel at the time, involves two separate issues. A. Initially, while we recognize that the court may take judicial notice of its own files, section 90.202(6), Florida Statutes (1983), such notice was wholly unnecessary in this case because the petitions for permanent commitment should have been filed as supplemental pleadings in the original dependency actions that remained pending, rather than in two new actions....
...itional ground. [3] The assistant attorney general who appeared at oral argument on behalf of HRS indicated that the fourth judicial circuit is the only circuit in which dependency proceedings are divided into two separate cases. [4] HRS argues that section 90.202(12), Florida Evidence Code, authorizes the trial court to take judicial notice of "[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be quest...
413 So. 2d 418, 1982 Fla. App. LEXIS 19780
District Court of Appeal of Florida | Filed: Apr 15, 1982 | Docket: 1702902
Cited 13 times | Published
...pter 39. Father of child duly executed a surrender, consent and waiver of notice form. Mother of child contests the petition through her court-appointed attorney. The Court has taken judicial notice of Case No. 76-26-CJA, Clay County, Florida, under Section 90.202(6), F.S....
890 So. 2d 1283, 2005 WL 120418
District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1690250
Cited 12 times | Published
...His testimony, based on his observations from the DOC website, fell short of the preponderance standard. Ms. Green argues that she met her burden because the trial court took judicial notice that the DOC could not provide appropriate treatment. We disagree. Only section 90.202(11), Florida Statutes (2001-03), dealing with "generally known" facts, and section 90.202(12), dealing *1287 with facts that are "capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned," could arguably provide a basis for judicial notice in this case. The DOC's ability to treat Ms. Green is an inappropriate subject for judicial notice under section 90.202(11), because it is not a fact that is "generally known" within the meaning of the statute. "[T]o fit within subsection 90.202(12), accurate records or other sources must exist which establish the judicially-noticed fact." Maradie v....
...We know only that the judge had an off-the-record discussion with someone he referred to as a DOC representative who was sitting in the courtroom insufficient information to ascertain whether the trial court had an indisputable source. Thus, judicial notice was not appropriate under section 90.202(12)....
627 So. 2d 1210, 1993 WL 496042
District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 2450219
Cited 12 times | Published
...edge that science can be a rickety platform on which to erect an edifice of rights." Id. at 65. The parties have not established that the materials in this record are the type of information that a trial court may accept through judicial notice. See § 90.202(11), (12), Fla....
625 So. 2d 4
District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 474138
Cited 11 times | Published
...Vonella, 88 So.2d 282 (1956); C.T. Drechsler, Annotation, Uniform Judicial Notice of Foreign Law Act, 23 A.L.R.2d 1437, 1439 (1952) (determination of foreign law is a question of law under Uniform Act, changing common law which considered it an issue of fact). Under section 90.202(4), Florida Statutes (1991), a court may take judicial notice of foreign law. The Law Revision Council Note to that section states that a Florida court complies with section 90.202 by taking judicial notice in a manner similar to that made under the federal rules....
427 So. 2d 353
District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 1648100
Cited 11 times | Published
...arate support, maintenance, or alimony provided for in the agreement or order. § 61.14(1), Fla. Stat. (1981). [3] Although we do not encourage attorneys to present inadequate proof on this point, judicial notice of such increase may be proper under section 90.202, Florida Statutes (1981): 90.202. Matters which may be judicially noticed. * * * * * * (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. § 90.202(12), Fla....
764 So. 2d 711, 2000 WL 775584
District Court of Appeal of Florida | Filed: Jun 19, 2000 | Docket: 3308
Cited 11 times | Published
...o the case revealed that Lauderdale Manor was an elementary school for purposes of section 893.13(1)(e). Accordingly, the court reversed the dismissal of the charge and remanded for further proceedings. See id. at 234. The "judicial notice" statute, section 90.202, Florida Statutes, provides in pertinent part: A court may take judicial notice of the following matters to the extent that they are not embraced within § 90.201: ....
...ioned. In McKinney v. State, 640 So.2d 1183 (Fla. 2d DCA 1994), the court approved the trial court's judicial notice that Lakeland Christian School is a school for purposes of section 893.13(1)(c), Florida Statutes, finding such notice authorized by section 90.202(11) and (12)....
466 So. 2d 357, 10 Fla. L. Weekly 638
District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 1524962
Cited 10 times | Published
...rted from the essential requirements of law. Cf., Odham v. Petersen, 398 So.2d 875 (Fla. 5th DCA 1981). [2] No contention is made here that the trial court was requested, and refused, to take judicial notice of other ordinance provisions pursuant to Section 90.202, Florida Evidence Code, Florida Statutes (1983)....
573 So. 2d 932, 1991 WL 2803
District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 1518838
Cited 10 times | Published
...was caused by the fatal shooting of a motorcycle rider, Clement Anthony Lloyd by officer William Lozano, that also resulted in the death of Allan Blanchard, a passenger on the motorcycle. This court takes judicial notice of the foregoing pursuant to Section 90.202(12), Florida Evidence Code, (1990), since they are facts not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned....
519 So. 2d 719, 1988 WL 6426
District Court of Appeal of Florida | Filed: Feb 4, 1988 | Docket: 1698799
Cited 10 times | Published
...On appeal Young first contends that insufficient evidence was adduced at the revocation hearing to establish (1) that he was on probation or (2) that the substance involved was cocaine. This contention *721 clearly lacks merit. The trial court was entitled to judicially note Young's probationary status. See § 90.202, Fla....
422 So. 2d 50
District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1739867
Cited 9 times | Published
...sly taking judicial notice of "the fact that I have rented hundreds of cars ... but I have never had a defective car with shocks and things like that." This fact is neither one "generally known within the territorial jurisdiction of the courts," see § 90.202(11), Fla. Stat. (1979), nor one "capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned," see § 90.202(12), Fla....
27 So. 3d 1, 35 Fla. L. Weekly Supp. 30, 2010 Fla. LEXIS 1, 2010 WL 26532
Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 356158
Cited 9 times | Published
...The notebook includes a "Motion for the Court to Take Judicial Notice" that the Bar submitted to the referee. The motion states that "[d]uring the case management conference conducted on April 2, 2008, the respondent stipulated that the documents obtained from the bankruptcy court file are true and correct copies." Further, section 90.202(6), Florida Statutes (2009), provides that a court may take judicial notice of the "[r]ecords of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States."...
754 So. 2d 746, 2000 WL 139229
District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 431298
Cited 9 times | Published
...Lester's conduct violated what is alleged in the state's brief to be a provision of a municipal ordinance of the City of Fort Walton Beach prohibiting the possession of an open container of alcohol "on the streets, sidewalks, rights-of-way, parking lots and alleys of the city." While section 90.202(10), Florida Statutes (1997), authorizes courts to take judicial notice of duly enacted ordinances of Florida municipalities, "provided such ordinances ......
675 So. 2d 632, 1996 WL 279224
District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1322769
Cited 8 times | Published
...Having determined that judicial notice of elemental facts in a criminal case is constitutionally permissible, we now turn our attention to whether judicial notice was correctly taken in this case. The state argues that the trial court properly took judicial notice under either of the following provisions: 90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent they are not embraced within s....
...90.201: (11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. § 90.202(11), (12), Fla.Stat....
...of school property). Next, we note that service of the injunction on Cordova is not the type of fact that is not subject to dispute because it is capable of accurate and ready determination by resort to a source whose accuracy cannot be questioned. § 90.202(12), Fla.Stat....
753 So. 2d 683, 2000 WL 276351
District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 1433550
Cited 8 times | Published
...[4] At another point in that trial the defendant managed to smuggle a bag containing his own feces into the courtroom and hurled it at the judge. Mercifully, he missed. [5] We take judicial notice of our own file in Wilson v. State, case number 97-3402. See § 90.202(6), Fla....
392 So. 2d 18
District Court of Appeal of Florida | Filed: Dec 4, 1980 | Docket: 1678166
Cited 7 times | Published
...decision here was an abuse of discretion. Dees v. State, 357 So.2d 491 (Fla. 1st DCA 1978). Accordingly, we find no error on this issue. In light of the way this issue has been presented to this court, we do not rule on the applicability, if any, of Section 90.202(9), Florida Statutes (1979)....
67 So. 3d 1141, 2011 Fla. App. LEXIS 11957, 2011 WL 3250545
District Court of Appeal of Florida | Filed: Aug 1, 2011 | Docket: 2364209
Cited 7 times | Published
...and child....(emphasis added) [2] It is "proper for the trial court to take judicial notice of the prior court orders [because a] court record is not subject to dispute." N.W. v. Dep't of Children & Families, 865 So.2d 625, 626 (Fla. 4th DCA 2004); § 90.202(6), Fla....
407 So. 2d 1079
District Court of Appeal of Florida | Filed: Jan 5, 1982 | Docket: 1299791
Cited 6 times | Published
...Apparently the deputy treated the economic conditions of the LaBelle-Clewiston area, and the nature of one-industry towns, as facts not subject to dispute because they are generally known within the territorial jurisdiction of the Deputy Commissioner, Section 90.202(11), Florida Statutes (1979)....
1 So. 3d 1278, 2009 Fla. App. LEXIS 1281, 2009 WL 383565
District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1653340
Cited 6 times | Published
...rade. On June 26, 2007, the trial court ruled in favor of the Preefer defendants, and entered a written final judgment. Obviously having reconsidered its prior unwillingness to take judicial notice of the final order dismissing the 1992 lawsuit, see section 90.202(6), Florida Statutes (2007) (providing that a court "may" take judicial notice of "[r]ecords of any court of this state"), the trial court stated in its final judgment: "While not determinative of this Court's decision, this settlement...
609 So. 2d 770, 1992 Fla. App. LEXIS 12416, 1992 WL 362132
District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1473861
Cited 6 times | Published
...on that Nationwide was not responsible for attorney's fees in this case. If there was a transcript or pleading from the proceedings in this case which supported its position, Nationwide did not seek to have the trial court take judicial notice under section 90.202(6), Florida Statutes (1991)....
23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853
District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1180414
Cited 5 times | Published
...trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. These qualifications are the standard for judicial notice both under section 201 of the Federal Rules of Evidence and section 90.202, Florida Statutes (2008); thus, the use of this type of factual internet research should not be the subject of controversy....
34 So. 3d 53, 2010 Fla. App. LEXIS 2921, 2010 WL 785854
District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 2410696
Cited 5 times | Published
...xcess of fifteen percent for the class of purchasers who received notices of default. [2] We take judicial notice of our record in this recently decided case to confirm that the order under review was an order from a motion for summary judgment. See § 90.202(6)(2010), Fla....
37 So. 3d 955, 2010 Fla. App. LEXIS 8644, 2010 WL 2382599
District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 1668944
Cited 5 times | Published
...rs supporting his position are closely scrutinized, while the papers opposing are leniently treated in determining whether the movant has satisfied the burden required of him. Moore's Federal Practice, 2nd ed., Vol. 6, p. 2336 and p. 2339. Moreover, section 90.202(6), Florida Statutes (2009), provides that a court take judicial notice of the "[r]ecords of any court of this state." Therefore, this Court need not blindly reject John Gonzalez's affidavit; instead, we take judicial notice that his w...
892 So. 2d 538, 2005 WL 35413
District Court of Appeal of Florida | Filed: Jan 10, 2005 | Docket: 472014
Cited 5 times | Published
...It is true the lower court considered the imposition of court costs to be mandatory, but no one called to its attention the permissive language of the statute. Judicial notice of the county's enactment of same if it had occurred would have been a relatively simple matter. See § 90.202(10), Florida Statutes....
539 So. 2d 503, 1989 WL 12444
District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 452812
Cited 5 times | Published
...facts as set forth in the orders. We note initially that the orders which the trial court relied upon were only recommended orders not final. If they had been made final, they could then be considered matters that may be judicially noticed under Section 90.202(5), Florida Statutes (1983), relating to the official actions of the legislative, executive, and judicial departments of the state....
915 So. 2d 1270, 2005 WL 3478931
District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1294128
Cited 5 times | Published
...In this situation, the *1272 order of the parole commission was sufficient record evidence to support a motion to correct illegal sentence. The trial court can take judicial notice of the official actions of the legislative, executive, and judicial branches of government. § 90.202(5), Fla....
80 So. 3d 352, 2011 Fla. App. LEXIS 19783, 2011 WL 6142788
District Court of Appeal of Florida | Filed: Dec 12, 2011 | Docket: 2415247
Cited 5 times | Published
...ial custody is in the children's best interests because it allows them to have meaningful physical contact and communication with Appellee which, according to his testimony, Appellant had systematically denied when she was the primary custodian. See § 90.202(6), Fla....
982 So. 2d 724, 2008 WL 1774095
District Court of Appeal of Florida | Filed: Apr 21, 2008 | Docket: 1207751
Cited 5 times | Published
...t submitted to the trial court more than a month after the close of the evidence. This was improper. Judicial notice under the Florida Evidence Code is limited to specific categories of generally known matters, none of which are applicable here. See § 90.202(11), Fla. Stat. (dealing with "generally known" facts); Maradie v. Maradie, 680 So.2d 538, 542 (Fla. 1st DCA 1996) ("[section] 90.202(11) is recognized to be a codification of the common law predating the adoption of Florida's Evidence Code under which `Florida courts have taken judicial notice of facts which are `open and notorious,' involve `common notoriety' or are `commonly known.'")....
664 So. 2d 1054, 1995 WL 699125
District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1229455
Cited 4 times | Published
...Barker agrees that section 1811 of the California Civil Code confers authority to take acknowledgments of a California notary public but contends that the court was not requested to and did not take judicial notice of this statute. Florida courts will take judicial notice of the common law and the statutes of other states. § 90.202(2), Fla....
932 So. 2d 1136, 2006 WL 1667354
District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1285761
Cited 4 times | Published
...judicial notice, sua sponte, of "the NADA Blue Book Average Retail Value." Although we understand the trial court's desire to streamline the process of setting restitution in this case, we must reverse and remand for further proceedings. Pursuant to section 90.202(12), Florida Statutes (2004), a trial court may take judicial notice of "[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." Se...
400 So. 2d 1059
District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 1676956
Cited 4 times | Published
...e taken judicial notice of that fact or can be remedied by our taking judicial notice of that fact. Even if, arguendo, this unproved fact was "capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned," see § 90.202(12), Fla....
...See United States v. Jones, 580 F.2d 219 (6th Cir.1978); United States v. Sorenson, 504 F.2d 406 (7th Cir.1974). NOTES [1] § 90.203, Fla. Stat. (1979), provides: "Compulsory judicial notice upon request. A court shall take judicial notice of any matter in s. 90.202 when a party requests it and: "(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request....
157 So. 3d 397, 2015 WL 404127
District Court of Appeal of Florida | Filed: Jan 29, 2015 | Docket: 2629734
Cited 4 times | Published
...ims not then
ripe for adjudication remain pending.” Although this test may result in more
1
We can take judicial notice of the substance of the motion to dismiss because it is
part of this court’s records in Leon, case number 1D11-1088. See § 90.202(6), Fla.
Stat.
6
piecemeal appeals than would be allowed in the civil context, this result stems from
the fact that “workers’ compensation cases generally proceed on a piecemeal basis
– with various entitlements to benefits coming due at different times.” Id....
438 So. 2d 426
District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 1446472
Cited 3 times | Published
...The trial judge rejected the proffered deposition, apparently relying on this court's decision in Burlingham v. Allen, 317 So.2d 780 (Fla. 1st DCA 1975). We agree that the trial judge was probably in error in rejecting the deposition. It would seem that the trial judge could properly take notice, under Section 90.202(6), Florida Statutes (1981) of a deposition taken and actually filed in another court proceeding, when a certified copy of the deposition or pertinent portions are filed in the case under consideration in support of or in opposition to a motion for summary judgment....
345 F. Supp. 3d 1349
District Court, N.D. Florida | Filed: Oct 5, 2018 | Docket: 64321535
Cited 3 times | Published
they are not discoverable at this time. Under § 90.202(5), Florida Statutes, a Florida court may take
969 So. 2d 489, 2007 WL 3390933
District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1403818
Cited 3 times | Published
...The supreme court made clear that police reports and arrest affidavits are "ordinarily considered hearsay and inadmissible." Id. at 140. Hearsay cannot be considered merely because it is contained in a court file. While a trial court may take judicial notice of court records, it does not follow that section 90.202(6), Florida Statutes (2006), permits the wholesale admission of hearsay statements contained within those court records....
543 So. 2d 809, 1989 WL 46178
District Court of Appeal of Florida | Filed: May 4, 1989 | Docket: 1437392
Cited 3 times | Published
...However, the remaining documents were either documents, such as the county attorney's opinion letters, of which this Court may not take judicial notice or which were not included in the proffer before the trial court, or, as was true with the Taylor County resolution, were not printed or certified copies as required by section 90.202(10), Florida Statutes....
571 So. 2d 1309, 1989 WL 6162
District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 1173266
Cited 3 times | Published
...9, 1986, the City and FOP agreed to a drug testing program. See City of Miami Resolution 86-230 (March 27, 1986). We take judicial notice of this agreement, which is in the form of a city resolution. A city resolution may be judicially noticed, see § 90.202(10), Fla....
...Graham, Handbook of Florida Evidence § 207.1, at 80 (1987) ("Appellate courts can take judicial notice of sources both of applicable law and adjudicative facts."); 1 C. Ehrhardt, Florida Evidence § 207.2, at 58 (2d ed. 1984) ("The matters that can be noticed, which are set forth in Sections 90.201 and 90.202, should define the appropriate matters of judicial notice at both the trial and appellate levels."); S....
428 So. 2d 669
District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 1374830
Cited 3 times | Published
...Outdoor Resorts of America, Inc., 412 So.2d 491 (Fla.2d DCA 1982), where we affirmed the trial court without opinion. Appellee requested in its brief and at oral argument in this cause that we take judicial notice of the prior appeal. Accordingly, following oral argument in this cause, we issued an order pursuant to section 90.202(6), Florida Statutes (1981), that we would take judicial notice of the records of the prior appeal, and that pursuant to section 90.204(1), the parties would be given ten days to respond to the propriety of taking judicial notice and to the nature of the matter noted....
587 So. 2d 633, 1991 WL 205832
District Court of Appeal of Florida | Filed: Oct 15, 1991 | Docket: 1713842
Cited 2 times | Published
...Affixed to it is the seal of a professional surveyor and attached to it is an affidavit from a coordinator in the Site Planning and Government Liaison Department for the Dade County School Board. Prior to trial, the state moved the court to take judicial notice of the map pursuant to sections 90.202(11), 90.202(12), and 90.203, Florida Statutes (1989). These sections provide: 90.202 Matters which may be judicially noticed....
...(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. § 90.202(11) and (12) (1989). 90.203 Compulsory judicial notice upon request. A court shall take judicial notice of any matter in s. 90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request....
702 So. 2d 1295
District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 460262
Cited 2 times | Published
...nt of Transportation, and pertains to rules on highway design. As the appellees argue, the "Greenbook" is incorporated into rule 14-15.002 of the Florida Administrative Code, and, thus, the court could appropriately have taken judicial notice of it. § 90.202(9), Fla....
533 So. 2d 926, 1988 WL 121303
District Court of Appeal of Florida | Filed: Nov 17, 1988 | Docket: 1233083
Cited 2 times | Published
...[2] For the purpose of this opinion only, a "subsequent offense" is taken to mean an offense committed after the commission of the prior offense. Under this definition, subsequent offense will never qualify as "prior record" under Rule 3.701 d.5. [3] Erwin v. State, 532 So.2d 724 (Fla. 5th DCA 1988). [4] See § 90.202(6), Fla....
845 So. 2d 1002, 2003 WL 21203247
District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1728745
Cited 2 times | Published
...erest post-trial. A party may not make or invite error and then take advantage of it on appeal. See Sheffield v. Superior Ins. Co., 800 So.2d 197 (Fla.2001); Gupton v. Village Key & Saw Shop, Inc., 656 So.2d 475 (Fla.1995). Furthermore, we note that section 90.202(2), Florida Statutes (2001) provides that Florida courts may take judicial notice of the laws of sister states, and section 90.203 provides that the court must take such notice where the adverse party has been given written notice, and sufficient *1005 information has been given to the court....
895 So. 2d 475, 2005 WL 293019
District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1255721
Cited 2 times | Published
...er to establish statute of limitations affirmative defense). Elmore and LS & F could have requested the court take judicial notice of the filing date. Section 90.203, Florida Statutes (1999), requires a court to take judicial notice of any matter in section 90.202 when the party requesting the notice complies with certain requirements. However, even without such a request, the court could have taken judicial notice of the date of filing on its own. Section 90.202(6), Florida Statutes (1999), gives a court discretion to take judicial notice of "[r]ecords of any court of this state or of any court of record of the United States. . . ." The comment following the statute states, "The court may take judicial notice of these matters, whether or not it is requested by a party to do so." § 90.202, Fla....
502 So. 2d 1325, 12 Fla. L. Weekly 639
District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 1657605
Cited 2 times | Published
...in taking judicial notice of a certain stipulation and motion to dismiss from Underwood # 1, requires reversal and further proceedings. In order to conclude in this case that there was no genuine issue of material fact, the trial court, pursuant to section 90.202(6), Florida Statutes (1985), took judicial notice of a stipulation by National in Underwood # 1 that National's policy afforded coverage for FP & L....
...The problem presented is the manner in which the trial court purported to take judicial notice of the aforementioned important facts from Underwood # 1. The statutory authority for taking judicial notice of pleadings or documents contained in said prior case is section 90.202(6) of the evidence code, which simply codified the case law at the time....
539 So. 2d 590, 1989 WL 19561
District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 452722
Cited 1 times | Published
...This sentence effectively assured that Pittman would be subject to state supervision for two years, even if he were to be released from prison by virtue of gain-time. [6] The Fisher opinion itself sets forth none of its crucial facts, therefore, pursuant to Section 90.202(6), Florida Statutes (1987), we take judicial notice of this court's records in connection with the Fisher appeal, which provide the following facts: Fisher pled nolo contendere to uttering a forged instrument, grand theft and grand theft by passing worthless bank checks....
62 So. 3d 1171, 2011 Fla. App. LEXIS 8067, 2011 WL 2135643
District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 2360860
Cited 1 times | Published
...warrant were a matter of record in his Broward case, Defendant is mistaken that he automatically would be entitled to credit for all the time he was incarcerated in St. Lucie County after service of the Broward warrant. Taking judicial notice under section 90.202(6), Florida Statutes, of our own file in Defendant's prior rule 3.850 appeal, which contains a transcript of his plea and sentencing colloquy, it is clear that the trial court rejected Defendant's request for his sentence in this case to be made concurrent with his sentence in his then recently resolved St....
183 So. 3d 1258, 2016 Fla. App. LEXIS 1038, 2016 WL 320590
District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031161
Cited 1 times | Published
...nt was a recorded
document, the trial court could properly take judicial notice of it. This
argument fails for three reasons.
First, the mere fact that a document has been recorded does not make
that document a proper matter for judicial notice. § 90.202, Fla....
...Jacksonville Fed. Sav. & Loan Ass’n, 576 So. 2d 755, 756
(Fla. 1st DCA 1991) (“[P]ublically recorded documents such as deeds and
mortgages are not included in the list of matters which must or may be
judicially noticed, set out in sections 90.201 and 90.202, Florida
Statutes.”).
Second, the Florida Evidence Code contains specific procedures that
parties and the court must follow before a document may be judicially
noticed....
409 So. 2d 245, 2 Educ. L. Rep. 934
District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 1525394
Cited 1 times | Published
...NOTES [1] On Friday night, December 11, 1981, Killian High school (which dressed 89 players) was defeated in a semi-final championship game by Vero Beach High School (which dressed 47 players). Central Theatres, Inc., v. State, 161 So.2d 558 (Fla. 2d DCA 1964); Section 90.202(11)(12), Florida Statutes (1981)....
254 So. 3d 1056
District Court of Appeal of Florida | Filed: Aug 22, 2018 | Docket: 7713090
Cited 1 times | Published
from so doing.” (citation omitted)); see also § 90.202(5), (12), Fla. Stat. (2018) (permitting a court
429 So. 2d 804
District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 1221266
Cited 1 times | Published
...and will so advise the jury Case No. 77-30CF is entitled State of Florida versus Willie Frank Thomas, same individual being a black male. Date of birth is 8-18. Defendant, height six foot two inches, weight 185 pounds. Color of hair, black. Although section 90.202(6), Florida Statutes (1981), provides that a court may take judicial notice of the records of any court of this state, [4] we agree with appellant's arguments that the use of the information from the court file constituted a discovery...
436 So. 2d 1089, 1983 Fla. App. LEXIS 22800
District Court of Appeal of Florida | Filed: Sep 6, 1983 | Docket: 64599254
Published
judicial notice of Nicaraguan law pursuant to Section 90.202(4), Florida Statutes (1981), but only by following
437 So. 2d 792, 1983 Fla. App. LEXIS 21688
District Court of Appeal of Florida | Filed: Sep 16, 1983 | Docket: 64599504
Published
statement in the Physicians Desk Reference. See § 90.-202(12), Fla.Stat. (1981). The appropriate procedure
Supreme Court of Florida | Filed: Sep 12, 2024 | Docket: 69155441
Published
notice “[r]ecords of any court of this state.” See § 90.202(6), Fla. Stat. (2022). “Taking judicial notice
227 So. 3d 115, 2017 WL 4416328
Supreme Court of Florida | Filed: Oct 5, 2017 | Docket: 6164307
Published
judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger
Supreme Court of Florida | Filed: Oct 3, 2019 | Docket: 68539958
Published
in declining to take judicial notice under section 90.202, Florida Statutes (2017), of certain records
Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689
Published
judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger
Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655
Published
judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger
District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008012
Published
take judicial notice of this fact pursuant to section 90.202(12), Florida Statutes (2023). 3 We take
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186681
Published
9 So. 3d 729, 736 (Fla. 4th DCA 2009)). Section 90.202(6), Florida Statutes (2023), permits a court
270 So. 3d 314
Supreme Court of Florida | Filed: May 2, 2019 | Docket: 15041438
Published
to the parties. See id. ; § 90.202(6). Based upon the foregoing, we adopt chapter
413 So. 2d 1270, 1982 Fla. App. LEXIS 20050
District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 64589966
Published
The jury then convicted Rogers as charged. Section 90.202(9), Fla.Stat. (1979) provides that a court
District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144878
Published
res judicata. Finding no error, we affirm. See § 90.202(6), Fla. Stat. (2020) (providing for judicial
251 So. 3d 941
District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061974
Published
Id. (citation omitted). Further, section 90.202(11), Florida Statutes (2016) permits courts
400 So. 2d 1059, 1981 Fla. App. LEXIS 20602
District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 64583834
Published
sources whose accuracy cannot be questioned,” see § 90.202(12), Fla. Stat. (1979), and was, therefore, susceptible
763 So. 2d 497, 2000 Fla. App. LEXIS 8754
District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 64799024
Published
thus, are not a part of the record on appeal. See § 90.202(6), Fla. Stat. (1997).
763 So. 2d 497, 2000 WL 1160610
District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 1681801
Published
...Unless the parties stipulate to the inclusion of the dependency record in the termination record or the trial court takes formal judicial notice of these records, they are not within the trial court's record and, thus, are not a part of the record on appeal. See § 90.202(6), Fla....
District Court of Appeal of Florida | Filed: Jan 3, 2024 | Docket: 68132277
Published
(6) Records of any court of this state . . . .” § 90.202, Fla. Stat. (2023).
Supreme Court of Florida | Filed: Jan 21, 2021 | Docket: 33123321
Published
Ordinance Violations) to remove a conflict with section 90.202(10), Florida Statutes (2019). Under that statutory
268 So. 3d 723
District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346796
Published
State, 969 So. 2d 318, 322 (Fla. 2007). Section 90.202, Fla. Stat. (2017) provides: “[a] court may
424 So. 2d 132, 1982 Fla. App. LEXIS 22055
District Court of Appeal of Florida | Filed: Dec 28, 1982 | Docket: 64594387
Published
county PERC record and decision pursuant to Section 90.202, Florida Statutes. The Commission moves to
409 So. 2d 1071, 1981 Fla. App. LEXIS 21913
District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 64587928
Published
reverse the order of contempt. Pursuant to section 90.202(5)(11), Florida Statutes (1979) we take judicial
182 So. 3d 704
District Court of Appeal of Florida | Filed: Dec 17, 2015 | Docket: 3022389
Published
...Hanf was not charged under this (or
3
The opinion in Oyarvid v. State, 38 So. 3d 854 (Fla. 1st DCA 2010), does
not describe the offending conduct, but a court may take judicial notice of its own
records (here the victim’s testimony at Oyarvid’s trial) as requested by appellant.
See § 90.202(6), Fla....
697 So. 2d 977, 1997 Fla. App. LEXIS 9047
District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 64775316
Published
PER CURIAM. Affirmed. See § 90.202, Fla.Stat. (1997); Enserch Corp. v. Shand Morahan and Co., Inc.,
417 So. 2d 835
District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 1722045
Published
...SMITH, Jr., C.J., and BOOTH, J., concur. NOTES [1] George contends that the trial court erred in taking judicial notice of the stipulation filed in another proceeding without making the record of that proceeding a part of the record in this cause. Section 90.202(6) provides that a court may take judicial notice of records of any court of this state....
413 So. 2d 118
District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1702798
Published
...NOTES [1] We find no abuse of discretion in the trial court's granting of Armco's motion at the summary judgment hearing allowing Armco to amend its answer by alleging that Mississippi law applied. See, State Farm Mutual Automobile Insurance Company v. Olsen, 406 So.2d 1109 (Fla. 1981); also, Section 90.202(2), Florida Statutes (1979), and Section 92.031, Florida Statutes (1975)....
District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249418
Published
not take judicial notice of its contents. See § 90.202(11)–(12), Fla. Stat. (2021). A matter judicially
235 So. 3d 943
District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 4820238
Published
judicial notice under either section 90.201 or section 90.202, Florida Statutes (2014). Moreover, the unauthenticated
430 So. 2d 509, 1983 Fla. App. LEXIS 19048
District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 64596707
Published
Contrary to the trial court’s assumption, Section 90.202(9), Florida Statutes, provides that a court
