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Florida Statute 90.701 | Lawyer Caselaw & Research
F.S. 90.701 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.701
90.701 Opinion testimony of lay witnesses.If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion when:
(1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and
(2) The opinions and inferences do not require a special knowledge, skill, experience, or training.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 494, ch. 95-147.

F.S. 90.701 on Google Scholar

F.S. 90.701 on Casetext

Amendments to 90.701


Arrestable Offenses / Crimes under Fla. Stat. 90.701
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.701.



Annotations, Discussions, Cases:

Cases from cite.case.law:

JOHNSON, v. STATE, 252 So. 3d 1114 (Fla. 2018)

. . . . § 90.701, Fla. Stat. . . . We agree with the Fifth District's conclusion that in the context of section 90.701, Florida Statutes . . .

JOHNSON, v. STATE, 254 So. 3d 617 (Fla. App. Ct. 2018)

. . . Section 90.701, Florida Statutes, describes when lay witnesses may give opinion testimony: If a witness . . . But under section 90.701, Florida Statutes, the question is, first, was he required to "communicate . . . . The second question we must answer under section 90.701, Florida Statutes, is whether the officer's testimony . . .

J. LAMB, v. STATE, 246 So. 3d 400 (Fla. App. Ct. 2018)

. . . Section 90.701, Florida Statutes (2016), states: If a witness is not testifying as an expert, the witness's . . . We recently examined section 90.701 to determine the circumstances when a court may allow a lay person . . .

SAJIUN, v. HERNANDEZ,, 226 So. 3d 875 (Fla. Dist. Ct. App. 2017)

. . . . § 90.701, Fla. Stat. (1991). . . . testimony of a lay witness is only permitted if it is based on what the witness has personally perceived. § 90.701 . . . , 646 So.2d 746, 748-49 (Fla. 4th DCA 1994) (alteration in original) (footnote omitted); see also § 90.701 . . . See § 90.701, Fla. Stat. (2015). The statute does not limit perception to visual perception. Id. . . . 189 So.3d at 259-60 (“Officer Munecas’s testimony was admissible lay opinion testimony under Section 90.701 . . .

JOHNSON, v. STATE, 215 So. 3d 644 (Fla. Dist. Ct. App. 2017)

. . . Rather than authenticity, the evidentia-ry error in Evans involved section 90.701, Florida Statutes, . . . The dissent also makes a vague assertion that section 90.701 and federal rule 701 have been “interpreted . . . Because Evans does not mention either section 90.701 or any federal precedents, we assume the dissent . . . What this means in the context of section 90.701 is that, prior to trial, the identification witness . . .

R. C. v. STATE, 192 So. 3d 606 (Fla. Dist. Ct. App. 2016)

. . . So.2d 1225, 1232 (Fla.1990) (discussing the limitations on lay opinion testimony imposed by section 90.701 . . .

QUAKNINE, v. STATE, 189 So. 3d 290 (Fla. Dist. Ct. App. 2016)

. . . Section 90.701, Florida Statutes (2013), governs opinion testimony of lay witnesses and provides: If . . .

L. L. a v. STATE, 189 So. 3d 252 (Fla. Dist. Ct. App. 2016)

. . . reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701 . . . Section 90.701: Lay Opinion Testimony We begin with the text of Section 90.701, Florida Statutes: 90.701 . . . Similar to its federal counterpart, Section 90.701 forbids lay opinion testimony that requires “special . . . The text of the Federal Rules offers more guidance than does Section 90.701 because it specifies that . . . Officer Munecas’s testimony was admissible lay opinion testimony under Section 90.701 because it was . . .

SEYMOUR, v. STATE, 187 So. 3d 356 (Fla. Dist. Ct. App. 2016)

. . . . § 90.701, Fla. Stat. (2013). . . .

WADE, v. STATE, 156 So. 3d 1004 (Fla. 2014)

. . . opinion that the two tape samples were the same type of tape, is a permissible lay opinion under section 90.701 . . .

HERRING, v. STATE, 132 So. 3d 342 (Fla. Dist. Ct. App. 2014)

. . . . § 90.701, Fla. Stat. (2011). . . .

ALVAREZ, v. STATE, 147 So. 3d 537 (Fla. Dist. Ct. App. 2014)

. . . Nodine, 646 So.2d 746 (Fla. 4th DCA 1994), where this court recognized that under section 90.701, Florida . . . The state concedes that the detective’s testimony was that of a lay person. .Section 90.701, Florida . . .

KIPP, v. STATE, 128 So. 3d 879 (Fla. Dist. Ct. App. 2013)

. . . See § 90.701, Fla. . . .

VICTORINO, v. STATE v. D., 127 So. 3d 478 (Fla. 2013)

. . . may not testify to a matter unless ... the witness has personal knowledge of the matter” and section 90.701 . . .

WELLS FARGO BANK, N. A. v. BOHATKA,, 112 So. 3d 596 (Fla. Dist. Ct. App. 2013)

. . . See §§ 90.701-.702, Fla. Stat. . . .

REYNOLDS, v. STATE v. S., 99 So. 3d 459 (Fla. 2012)

. . . Section 90.701, Florida Statutes (2011), provides: If a witness is not testifying as an expert, the witness . . . iot require a special knowledge, skill, experience, or training. § 90.701, Fla. . . .

GONZALES, v. STATE, 95 So. 3d 1002 (Fla. Dist. Ct. App. 2012)

. . . Section 90.701, Florida Statutes (2012), governs the opinion testimony of lay witnesses. . . . See § 90.701, Fla. Stat. (2012). . . .

L. JONES, v. STATE, 95 So. 3d 426 (Fla. Dist. Ct. App. 2012)

. . . . § 90.701, Fla. Stat. (2009). . . .

HOLLAND, v. S. TUCKER,, 854 F. Supp. 2d 1229 (S.D. Fla. 2012)

. . . See Floyd, 569 So.2d at 1232; § 90.701, Fla. Stat. (2004). . . .

CLIFF BERRY, INC. v. STATE, 116 So. 3d 394 (Fla. Dist. Ct. App. 2012)

. . . See § 90.701, Fla. Stat. (2009); Murphy v. . . .

FIDELITY WARRANTY SERVICES, INC. a a v. FIRSTATE INSURANCE HOLDINGS, INC. PR,, 74 So. 3d 506 (Fla. Dist. Ct. App. 2011)

. . . See § 90.701(2), Fla. Stat. (2008). . . .

BOLIN, Jr. v. STATE, 41 So. 3d 151 (Fla. 2010)

. . . Section 90.701, Florida Statutes provides: If a witness is not testifying as an expert, the witness’s . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . .

JAMES CRYSTAL LICENSES, LLC, LLC, a k a v. INFINITY RADIO INC. a f k a CBS, 43 So. 3d 68 (Fla. Dist. Ct. App. 2010)

. . . Section 90.701, Florida Statutes, requires a lay witness to base his or her opinion upon facts the witness . . .

CHESSER, v. STATE, 30 So. 3d 625 (Fla. Dist. Ct. App. 2010)

. . . The exception to this rule set out in section 90.701, Florida Statutes (2006), does not apply here where . . . Section 90.701, opinion testimony of lay witnesses, provides: If a witness is not testifying as an expert . . .

SERRANO, v. STATE, 15 So. 3d 629 (Fla. Dist. Ct. App. 2009)

. . . .” § 90.701(2), Fla. Stat. (2006). . . .

BRYANT, v. STATE, 17 So. 3d 713 (Fla. Dist. Ct. App. 2009)

. . . Because the witness’s testimony was admissible pursuant to section 90.701, Florida Statutes, and we cannot . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . . Under the first prong of section 90.701, the description was necessary for Byrd to adequately communicate . . .

SMITH, v. STATE, 7 So. 3d 473 (Fla. 2009)

. . . . § 90.701, Fla. Stat. (2005). . . .

PETIT- DOS, v. SCHOOL BOARD OF BROWARD COUNTY, a, 2 So. 3d 1022 (Fla. Dist. Ct. App. 2009)

. . . However, section 90.701, Florida Statutes, provides that a lay witness may testify in the form of inference . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . . According to section 90.701, Florida Statutes, Jackson should have been allowed to offer her opinion . . .

BARTLETT, v. STATE, 993 So. 2d 157 (Fla. Dist. Ct. App. 2008)

. . . Section 90.701, Fla. . . . Stat. (2006), of the Florida Evidence Code states: 90.701 Opinion testimony of lay witnesses. — If a . . . This was held to be speculative and inadmissible under section 90.701 because the statute usually limits . . . However, citing section 90.701, the Fourth District Court in Nardone noted that a lay witness’ opinion . . . The State correctly notes that, under section 90.701(1), even the opinion testimony of a lay witness . . .

BIGHAM, v. STATE, 995 So. 2d 207 (Fla. 2008)

. . . Cavazos’ testimony was lay opinion testimony and, as such, was properly admitted under section 90.701 . . . Section 90.701 requires a two-prong test of lay opinion testimony: (1) The witness cannot readily, and . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . .

MEUS, v. STATE, 968 So. 2d 706 (Fla. Dist. Ct. App. 2007)

. . . . § 90.701(1), Fla. Stat. (2003); cf. Zwinge v. . . .

MILLER, v. STATE, 934 So. 2d 580 (Fla. Dist. Ct. App. 2006)

. . . . § 90.701, Fla. Stat., (2005). . . .

KOLP, v. STATE, 932 So. 2d 1283 (Fla. Dist. Ct. App. 2006)

. . . Initially, we conclude that the testimony was not admissible under section 90.701, Florida Statutes ( . . . 4th DCA 1994), we held that the kind of opinion testimony by lay witnesses admissible under section 90.701 . . .

STATE v. SANTIAGO,, 928 So. 2d 480 (Fla. Dist. Ct. App. 2006)

. . . See §§ 90.701; 90.703, Fla. Stat. (2005). The witness in question was another inmate, Eric Durant. . . . Section 90.701, Florida Statutes, allows an eyewitness to explain “what he or she perceived ... in the . . .

ESSEX, v. STATE, 917 So. 2d 953 (Fla. Dist. Ct. App. 2005)

. . . his opinion as to the consistency of the witnesses’ descriptions was inadmissible pursuant to section 90.701 . . .

HOLLAND, v. STATE v. V. Jr., 916 So. 2d 750 (Fla. 2005)

. . . See Floyd, 569 So.2d at 1232; § 90.701, Fla. Stat. (2004). . . .

CASTRO, v. BRAZEAU,, 873 So. 2d 516 (Fla. Dist. Ct. App. 2004)

. . . See § 90.701(2), Fla. Stat. . . .

BENARDO, v. DEPARTMENT OF REVENUE, J. REILLY,, 819 So. 2d 161 (Fla. Dist. Ct. App. 2002)

. . . such records, and the opinion of paternity contained in the report would be admissible under sections 90.701 . . .

BUSH, v. STATE, 809 So. 2d 107 (Fla. Dist. Ct. App. 2002)

. . . .”); § 90.701, Florida Statutes (1999); see, e.g., Hixon v. . . .

NARDONE, v. STATE, 798 So. 2d 870 (Fla. Dist. Ct. App. 2001)

. . . Section 90.701, Florida Statutes (2000), provides that: If a witness is not testifying as an expert, . . . See §§ 90.701 and 90.702, Fla. Stat. (2000). . . .

K. VEREB B. v. SARDONI, 795 So. 2d 260 (Fla. Dist. Ct. App. 2001)

. . . business record] under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .

THORP, v. STATE, 777 So. 2d 385 (Fla. 2000)

. . . Section 90.701, Florida Statutes (1997), permits a lay witness to testify in the form of opinion and . . . inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party. § 90.701 . . . I do recognize that the language of section 90.701 varies from the language of the lay opinion testimony . . . However, I do not read the different language of section 90.701 to render inadmissible a lay witness’ . . . An exception to this rule is found in section 90.701, Florida Statutes, which permits a lay witness to . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . . See § 90.701; Ehrhardt, supra, at 540. . . . Accordingly, the second prong of section 90.701 is satisfied. . . .

MARTINEZ, v. VEGA a, 751 So. 2d 1268 (Fla. Dist. Ct. App. 2000)

. . . Section 90.701 Florida Statutes (1999) provides: Opinion testimony of lay witnesses. — If a witness is . . .

SZUBA, v. STATE, 749 So. 2d 551 (Fla. Dist. Ct. App. 2000)

. . . his opinion as to the consistency of the witnesses’ descriptions was inadmissible pursuant to section 90.701 . . .

ZACK, III, v. STATE, 753 So. 2d 9 (Fla. 2000)

. . . Lay opinion is proper pursuant to section 90.701, Florida Statutes (1995), when: (1) The witness cannot . . .

R. McELROY, E. v. C. PERRY,, 753 So. 2d 121 (Fla. Dist. Ct. App. 2000)

. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissable under §§ 90.701 . . .

LEE, v. STATE, 729 So. 2d 975 (Fla. Dist. Ct. App. 1999)

. . . Second, the admission or exclusion of lay opinion is governed by section 90.701, Florida Statutes. . . . . § 90.701, Fla. Stat. Additionally, this court, in Shiver v. . . . their opinion about another’s mental state ... provided such testimony otherwise satisfies the [section 90.701 . . . It is also forbidden under section 90.701(1), Florida Statutes because, under the facts of this case, . . .

A. MORRIS, v. CRAWFORD,, 718 So. 2d 354 (Fla. Dist. Ct. App. 1998)

. . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . .

LEWEK, v. STATE, 702 So. 2d 527 (Fla. Dist. Ct. App. 1997)

. . . See § 90.701, Fla. Stat. (1995); Martinez v. . . .

HECKFORD, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 699 So. 2d 247 (Fla. Dist. Ct. App. 1997)

. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .

BROCK, v. STATE, 676 So. 2d 991 (Fla. Dist. Ct. App. 1996)

. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .

D. R. C. a v. STATE, 670 So. 2d 1183 (Fla. Dist. Ct. App. 1996)

. . . See § 90.701, Fla.Stat. (1993). . . . Section 90.701 allows a lay witness to testify using opinions or inferences when the witness cannot otherwise . . .

CASA DE ALABANZA, v. BUS SERVICE, INC., 669 So. 2d 338 (Fla. Dist. Ct. App. 1996)

. . . See § 90.701(1), (2), Fla.Stat. (1995). Reversed. . . .

Jo EICHELBERGER, v. STATE, 662 So. 2d 1025 (Fla. Dist. Ct. App. 1995)

. . . ability of a child with this syndrome to injure himself, it may have been admissible under section 90.701 . . .

THE FLORIDA BAR, v. CLEMENT,, 662 So. 2d 690 (Fla. 1995)

. . . . § 90.701, Fla.Stat. (1993); see also Cruse v. . . .

ASPLUNDH MANUFACTURING DIVISION, a DIVISION OF ASPLUNDH TREE EXPERT CO. PA. PA, No. v. BENTON HARBOR ENGINEERING, No., 57 F.3d 1190 (3d Cir. 1995)

. . . See Fla.Stat.Ann.Evidence Code § 90.701; Tenn R.Evid 701. . . .

CARUSO, Jr. v. STATE, 645 So. 2d 389 (Fla. 1994)

. . . See § 90.701, Fla.Stat. (1987). . . .

FINO, J. v. NODINE, E. H., 646 So. 2d 746 (Fla. Dist. Ct. App. 1994)

. . . . § 90.701, Fla.Stat. (1991). . . . testimony of a lay witness is only permitted if it is based on what the witness has personally perceived. § 90.701 . . . Applying the conditions set out in section 90.701, the opinion testimony of these witnesses was unnecessary . . . Prior to adoption of section 90.701 in 1979, the general common law rule precluded lay witnesses from . . . Law Review Council Note, § 90.701, Fla.Stat.Ann. (1979). . . .

BERTRAM, v. STATE, 637 So. 2d 258 (Fla. Dist. Ct. App. 1994)

. . . See § 90.701, Fla. Stat. (1991). In Davis v. . . .

ALEXANDER, v. STATE, 627 So. 2d 35 (Fla. Dist. Ct. App. 1993)

. . . After reviewing section 90.701, Florida Statutes, the court ruled that it would be “completely and totally . . . the opinions and inferences “do not require a special knowledge, skill, experience, or training.” § 90.701 . . .

SOMERVILLE, Jr. v. STATE, 626 So. 2d 1070 (Fla. Dist. Ct. App. 1993)

. . . Section 90.701, Fla.Stat. (1989). . . .

A. STEWART, Jr. v. STATE, 622 So. 2d 51 (Fla. Dist. Ct. App. 1993)

. . . . § 90.701, Fla.Stat. (1983). . . .

J. LOVE, v. GARCIA,, 611 So. 2d 1270 (Fla. Dist. Ct. App. 1992)

. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .

MITCHELL, v. STATE, 611 So. 2d 1269 (Fla. Dist. Ct. App. 1992)

. . . . § 90.701(1), Fla.Stat. (1991); Floyd v. . . .

HANSEN, v. STATE, 585 So. 2d 1056 (Fla. Dist. Ct. App. 1991)

. . . See § 90.701(1), Fla.Stat. (1989) (lay opinion is proper where “[t]he witness cannot readily, and with . . .

SOMERVILLE, v. STATE, 584 So. 2d 200 (Fla. Dist. Ct. App. 1991)

. . . Section 90.701, Fla.Stat. (1989). . . .

DUNCAN, v. STATE, 583 So. 2d 439 (Fla. Dist. Ct. App. 1991)

. . . . § 90.701(1), Fla.Stat. (1989). . . .

In J. H. a, 580 So. 2d 162 (Fla. Dist. Ct. App. 1991)

. . . See § 90.701(l)-(2), Fla.Stat. (1989). . . .

FLOYD, v. STATE, 569 So. 2d 1225 (Fla. 1990)

. . . . § 90.701(1), (2), Fla. Stat. (1983). . . . opinions expressed by them called for “special knowledge, skill, experience, or training,” section 90.701 . . .

FERGUSON, v. A. WILLIAMS,, 566 So. 2d 9 (Fla. Dist. Ct. App. 1990)

. . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . .

STATE v. CORDIA,, 564 So. 2d 601 (Fla. Dist. Ct. App. 1990)

. . . Section 90.701, Florida Statutes (1989), permits opinion testimony by non-experts when (1) the witness . . . who actually received the original telephone call, their testimony goes beyond the scope of section 90.701 . . .

SHIVER, v. STATE, 564 So. 2d 1158 (Fla. Dist. Ct. App. 1990)

. . . Section 90.701, Florida Statutes, provides: If a witness is not testifying as an expert his testimony . . . The court stated (512 So.2d at 929): Under Section 90.701, before a lay witness may testify in the form . . . The supreme court observed that “[ujnder section 90.701, before a lay witness may testify in the form . . .

T. C. a v. STATE, 557 So. 2d 925 (Fla. Dist. Ct. App. 1990)

. . . . § 90.701, Fla.Stat. (1987). See Knight v. . . .

RUFFIN a k a v. STATE, 549 So. 2d 250 (Fla. Dist. Ct. App. 1989)

. . . . § 90.701, Fla.Stat. (1987). . . .

LAWLOR, v. STATE, 538 So. 2d 86 (Fla. Dist. Ct. App. 1989)

. . . Section 90.701, Florida Statutes. . . .

ZWINGE, v. J. HETTINGER, L., 530 So. 2d 318 (Fla. Dist. Ct. App. 1988)

. . . Section 90.701(1), Florida Statutes (1985) , permits such opinion testimony if the witness cannot otherwise . . . Section 90.701, Florida Statutes (1985), provides in relevant part: If a witness is not testifying as . . .

ANDREWS v. M. TEW, a By TEW,, 512 So. 2d 276 (Fla. Dist. Ct. App. 1987)

. . . . § 90.701, Florida Statutes (1985). . . .

KIGHT, v. STATE, 512 So. 2d 922 (Fla. 1987)

. . . argues that McGoogin’s lay opinion that Hutto was urging Eight to harm him was admissible under section 90.701 . . . Eight to harm him, this is not the type of lay opinion testimony which is admissible under section 90.701 . . .

F. BECK, Sr. v. GROSS,, 499 So. 2d 886 (Fla. Dist. Ct. App. 1986)

. . . testimony of lay witnesses, and should have been excluded from the trial court’s consideration by section 90.701 . . .

KINYA v. LIFTER, INC. d b a, 489 So. 2d 92 (Fla. Dist. Ct. App. 1986)

. . . Section 90.701, Fla.Stat. (1983), does not bar his testimony because he was not expressing an opinion . . .

GARDNER, v. STATE, 480 So. 2d 91 (Fla. 1985)

. . . . § 90.701, Fla.Stat. (1983). . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, A. Jr. v. VOSBURGH, a L., 480 So. 2d 140 (Fla. Dist. Ct. App. 1985)

. . . Section 90.701, Florida Statutes (1983), provides that a lay witness may testify in the form of an opinion . . . The Law Revision Council Note indicates that Section 90.701 permits a lay witness to testify to things . . . We' find nothing in Section 90.701 or the Council Note which would permit a witness to testify about . . . State, 415 So.2d 1280 (Fla. 2d DCA), petition on review denied, 424 So.2d 760 (Fla.1982), that Section 90.701 . . . The Barnes court stated: Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only . . .

HOWARD BROTHERS v. SOTUYO D., 472 So. 2d 1264 (Fla. Dist. Ct. App. 1985)

. . . See, Sections 90.701 and 90.-702, Florida Statutes (1983). . . .

DUTILLY, v. DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 450 So. 2d 1195 (Fla. Dist. Ct. App. 1984)

. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . .

K. McINTYRE, v. McINTYRE, n k a, 452 So. 2d 14 (Fla. Dist. Ct. App. 1984)

. . . section 90.702, Florida Statutes, and the testimony was not admissible as lay opinion under section 90.701 . . .

W. CARVER, v. ORANGE COUNTY,, 444 So. 2d 452 (Fla. Dist. Ct. App. 1983)

. . . Redwing Carriers, Inc., 127 So.2d 453 (Fla. 2d DCA 1961); §§ 90.701 & 90.702, Fla.Stat. (1981). . . . See §§ 90.701 & 90.702, Fla.Stat. (1981). . . .

MORERA, v. STATE, 439 So. 2d 929 (Fla. Dist. Ct. App. 1983)

. . . .2d 942 (5th Cir.1978); and (b) the opinion testimony challenged at trial was properly admissible [§ 90.701 . . .

L. CARABETTA, v. STATE, 438 So. 2d 489 (Fla. Dist. Ct. App. 1983)

. . . State, 133 So.2d 729, 731 (Fla.1961), cert. denied, 372 U.S. 904, 83 S.Ct. 742, 9 L.Ed.2d 730 (1963); § 90.701 . . .

POPE v. BANYAN TREE VILLAGE CONDOMINIUM ASSN., 3 Fla. Supp. 2d 178 (Fla. Cir. Ct. 1982)

. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .

BARNES, v. STATE, 415 So. 2d 1280 (Fla. Dist. Ct. App. 1982)

. . . Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the . . .

JONES, v. STATE, 408 So. 2d 690 (Fla. Dist. Ct. App. 1982)

. . . McClung’s testimony would not have been admissible under section 90.701, Florida Statutes (1979), because . . . CAMPBELL, J., dissents with opinion. . 90.701 Opinion testimony of lay witnesses. . . . That rule is in harmony with section 90.701, Florida Statutes (1979), providing that non-expert witnesses . . .