Annotations, Discussions, Cases:
Cases Citing Statute 90.604
Total Results: 45
475 So. 2d 1228, 10 Fla. L. Weekly 495
Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 196352
Cited 63 times | Published
...es that even without "another," the statement was improperly admitted because it was hearsay and because there was no predicate laid to demonstrate that Beaudoin had personal knowledge that her brother had killed the baby. We need go no further than section 90.604, Florida Statutes (1981): 90.604 Lack of personal knowledge....
859 So. 2d 495
Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 1284596
Cited 28 times | Published
...Therefore, we find no error in the trial court sustaining an objection to the witness's answer. While the fact that the witness knew that other boys stopped seeing Donovan appears appropriate testimony, as it reflects his personal knowledge of the matter under section 90.604, Florida Statutes (2001), his continued statement on "what they had said" was simply nonresponsive to defense counsel's question....
...bjection based either on speculation or on relevance. Either way, it appears the trial court correctly sustained the objection. First, Miriam's testimony about what Rivera was experiencing would not have been based on her own personal knowledge. See § 90.604, Fla....
...er helpful to the defense. We find the trial court did not abuse its discretion in sustaining the objection because trial counsel could not have had personal knowledge of what other evidence would have made a difference to the jury in this case. See § 90.604, Fla....
384 So. 2d 1331
District Court of Appeal of Florida | Filed: Jun 24, 1980 | Docket: 2558954
Cited 12 times | Published
...ment with respect to Count I of the complaint. Since the affidavit was based on information and belief rather than personal knowledge, it was not admissible into evidence and should not have been considered by the trial court. Fla.R.Civ.P. 1.510(e); § 90.604, Fla.Stats....
183 So. 3d 286
Supreme Court of Florida | Filed: Jun 25, 2015 | Docket: 2668545
Cited 11 times | Published
...2d 637, 646 (Fla. 2000). Section 90.603, Florida
Statutes (2007), provides that a person is disqualified as a witness if the person is
incapable of expressing himself or herself concerning the matter or is incapable of
understanding the duty to tell the truth. Section 90.604, Florida Statutes (2007),
provides that a witness may not testify to a matter unless evidence is introduced
sufficient to support a finding that the witness has personal knowledge of the
matter....
...Stat.
(2007). Section 90.603, Florida Statutes (2007), provides that a person is
disqualified as a witness if the person is incapable of expressing himself or herself
concerning the matter or is incapable of understanding the duty to tell the truth.
Section 90.604, Florida Statutes (2007), provides that a witness may not testify to a
matter unless sufficient evidence, which can include the witness’s own testimony,
is introduced to support a finding that the witness has personal knowledge of the
matter....
127 So. 3d 478, 2013 WL 5567079
Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730
Cited 8 times | Published
Speculative Lay Opinion Evidence Relying on section 90.604, Florida Statutes (2006), which provides that
696 So. 2d 842, 1997 WL 148672
District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 1696043
Cited 8 times | Published
...In addition to the fact that the probation officer's testimony that he checked appellant's room was based on the out-of-court statement of Buck, there was no evidence that the probation officer had any independent personal knowledge of which room belonged to appellant. See § 90.604, Fla....
940 So. 2d 466, 31 Fla. L. Weekly Fed. D 2341
District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1524102
Cited 6 times | Published
...Preimesberger's testimony as a fact witness due to the fact that he was not employed by Appellant until 2004, after the three-year transitional period referred to in the Agreement. As such, he lacked personal knowledge of many of the matters relevant and material to the issues to be decided by the jury. See § 90.604, Fla....
15 So. 3d 629, 2009 Fla. App. LEXIS 7694, 2009 WL 1677545
District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1660461
Cited 6 times | Published
..."Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience." Floyd v. State, 569 So.2d 1225, 1232 (Fla.1990). Any witness, however, may testify as to matters within the witness's personal knowledge, including personal observations. See § 90.604, Fla....
917 So. 2d 953, 2005 WL 3478353
District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1509424
Cited 6 times | Published
...The second district held that admission of the officer's hearsay testimony constituted reversible error, explaining its conclusion as follows: The rules of evidence would not have allowed Detective Beining to testify about the content of the statements each witness gave him describing the perpetrator. See § 90.604, .801(1)(c), .802, Fla....
989 So. 2d 747, 2008 WL 4180266
District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1214426
Cited 4 times | Published
...2d DCA 2004) (concluding that evidence was insufficient to support contempt conviction when State's sole witness testified to certain facts he gleaned by putting "two and two together"; even though witness did not repeat inadmissible hearsay, his testimony was not based on facts within his independent knowledge); see also § 90.604, Fla....
609 So. 2d 107, 1992 WL 341950
District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1737983
Cited 4 times | Published
...officer testify, and the arresting officer did state that he observed the tag and it was expired. The trial court erred in not considering this testimony. The arresting officer should have been able to testify about what he personally observed. See § 90.604, Fla....
749 So. 2d 551, 2000 WL 24888
District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1690432
Cited 4 times | Published
...Gibson told him about the alleged confession of Mr. Szuba when he investigated the incident two weeks after the crime occurred. *553 The rules of evidence would not have allowed Detective Beining to testify about the content of the statements each witness gave him describing the perpetrator. See § 90.604, .801(1)(c), .802, Fla....
627 So. 2d 2, 1993 WL 382560
District Court of Appeal of Florida | Filed: Sep 29, 1993 | Docket: 1530216
Cited 3 times | Published
...In the case of an ordinary agreement negotiated directly by the parties themselves but later drafted by their lawyers, the principals are the real persons having personal knowledge and thus capable of testifying as to the intention of the parties in contracting. See § 90.604, Fla....
955 So. 2d 11, 2006 Fla. App. LEXIS 16469, 2006 WL 2819614
District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 1659265
Cited 3 times | Published
...Stat. § 11.062(2)(a); § 11.066(4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.04(7)(a); § 20.19(6)(f); § 20.23(2)(a)3; § 27.34(2); § 27.711(3); § 28.241(3),(4); § 29.004(10)(d); § 39.012; § 39.013(2); § 44.06(2); § 63.0423(5) and (6); § 90.604....
683 So. 2d 1101, 1996 WL 678686
District Court of Appeal of Florida | Filed: Nov 26, 1996 | Docket: 466168
Cited 3 times | Published
...ify. § 90.601, Fla.Stat. A person may be disqualified to testify if the court determines that the person is incapable of expressing himself or herself so as to be understood, or is incapable of understanding the duty of a witness to tell the truth. § 90.604, Fla.Stat....
254 So. 3d 510
District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360287
Cited 3 times | Published
v. State, 475 So. 2d 1228, 1233 (Fla. 1985); § 90.604, Fla. Stat. (2016). He was merely acknowledging
257 So. 3d 1192
District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8140338
Cited 2 times | Published
witness has personal knowledge of the matter.” § 90.604, Fla. Stat. Here, in identifying the shoes worn
183 So. 3d 1027, 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550
Supreme Court of Florida | Filed: Jan 28, 2016 | Docket: 3031846
Cited 2 times | Published
...An expert witness
is used “[i]f scientific, technical, or other specialized knowledge will assist the trier
of fact in understanding the evidence or in determining a fact in issue.” See
§ 90.702, Fla. Stat. (2015). However, a fact witness is used if that witness has
personal knowledge of the facts of a case. See § 90.604, Fla....
180 So. 3d 89
Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611590
Cited 2 times | Published
...2d 1056, 1065 (Fla.
2008).
Blake also does not explain why Demetrius’ speculation about why Green
wanted Blake to leave town would be admissible. Demetrius would either be
repeating Green’s out-of-court statements or offering an inadmissible lay opinion
about the purpose of Green’s actions. See § 90.604, Fla....
562 So. 2d 715, 1990 Fla. App. LEXIS 2867, 1990 WL 49827
District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 2490065
Cited 2 times | Published
...ant who "need not have personal knowledge of the facts"); see also Campbell v. Salman, 384 So.2d 1331, 1333 (Fla. 3d DCA 1980) ("affidavit ... based on information and belief rather than personal knowledge... was not admissible into evidence... ."); § 90.604, Fla....
135 So. 3d 1002, 2014 WL 68134
Supreme Court of Florida | Filed: Jan 9, 2014 | Docket: 400987
Cited 1 times | Published
...nion testimony regarding a subject
on which Vitale was not competent to testify. This argument is without merit
because Vitale was simply testifying about his observations and interpretation of
Johnson’s nonverbal actions, which was proper. See § 90.604, Fla....
198 So. 3d 37, 2015 Fla. App. LEXIS 12713
District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 60294173
Cited 1 times | Published
810 So.2d 516, 521 (Fla. 4th DCA 2001); see also § 90.604, Fla. Stat. (2012) (providing that a witness may
District Court of Appeal of Florida | Filed: Sep 9, 2021 | Docket: 60373625
Published
3d 1192, 1196 (Fla. 1st DCA 2018) (quoting section 90.604, Florida Statutes, for the proposition that
Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816845
Published
...2d 1056, 1065 (Fla.
2008).
Blake also does not explain why Demetrius’ speculation about why Green
wanted Blake to leave town would be admissible. Demetrius would either be
repeating Green’s out-of-court statements or offering an inadmissible lay opinion
about the purpose of Green’s actions. See § 90.604, Fla....
201 So. 3d 1281, 2016 Fla. App. LEXIS 16009
District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4483498
Published
knowledge of JPMorgan’s actions. See § 90.604, Fla. Stat. (2014) (“[A] witness may not testify
201 So. 3d 831, 2016 Fla. App. LEXIS 15547
District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480289
Published
taking, place on or before July 16, 2008. See § 90.604, Fla. Stat. (witness may not testify to a matter
257 So. 3d 596
District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040495
Published
(2016), or lack of personal knowledge under section 90.604. Nationstar distinguished Spencer by arguing
423 So. 2d 921, 1982 Fla. App. LEXIS 21659
District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 64594073
Published
v. United States, 641 F.2d 253 (5th Cir.1981); § 90.604, Fla.Stat. (1981) (lack of personal knowledge)
District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68490740
Published
scene. “[A] speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness
District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793434
Published
witness has personal knowledge of the matter.” § 90.604, Fla. Stat. (2023). “An affiant’s personal knowledge
810 So. 2d 516, 2001 WL 1540505
District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1654792
Published
...uling. Evidentiary Issues With respect to the exclusion of Tuttle's proffered testimony that he suspected residents were adjusting the door themselves, the trial court excluded the evidence because Tuttle did not actually see anyone adjust the door. Section 90.604, Florida Statutes (1999), prohibits testimony by a witness who does not have personal knowledge of a matter....
472 So. 2d 1264, 10 Fla. L. Weekly 1642
District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 1793897
Published
...positions was not established. We reject this argument because the evidence of Veasey's position in the department, together with the evidence of his experience and other credentials, was an adequate foundation for the testimony that followed. See, Section 90.604, Florida Statutes (1983)....
District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690847
Published
witness has personal knowledge of the matter. § 90.604, Fla. Stat. (2009). Where a witness has no personal
Supreme Court of Florida | Filed: Jan 9, 2014 | Docket: 400986
Published
...nion testimony regarding a subject
on which Vitale was not competent to testify. This argument is without merit
because Vitale was simply testifying about his observations and interpretation of
Johnson’s nonverbal actions, which was proper. See § 90.604, Fla....
198 So. 3d 37
District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687744
Published
...In general, a witness is limited to testifying
to facts that are within the witness's knowledge rather than the witness's speculation
and conjecture. See, e.g., Kennard v. State, 28 So. 858, 859 (Fla. 1900); Roseman v.
Town Square Ass'n, 810 So. 2d 516, 521 (Fla. 4th DCA 2001); see also § 90.604, Fla.
Stat....
District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051125
Published
layperson’s personal knowledge.” Id.; see also § 90.604, Fla. Stat. (“Except as
