Annotations, Discussions, Cases:
Cases Citing Statute 90.702
Total Results: 265
830 So. 2d 792, 2002 WL 500315
Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 329524
Cited 585 times | Published
...ety glass. Defense counsel objected again on the same grounds, but the court permitted the question. Dr. Wright went on to explain that a person could kick in a glass door. Under Florida's Evidence Code, admission of Dr. Wright's opinion was proper. Section 90.702, Florida Statutes (1995), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...
668 So. 2d 954, 1996 WL 2056
Supreme Court of Florida | Filed: Jan 4, 1996 | Docket: 1686964
Cited 247 times | Published
...Ramirez v. State, 542 So.2d 352, 355 (Fla.1989). An expert is permitted to express an opinion on matters in which the witness has expertise when the opinion is in response to facts disclosed to the expert at or before the trial. § 90.704, Fla.Stat. (1993). Section 90.702 requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105....
762 So. 2d 879, 2000 WL 674581
Supreme Court of Florida | Filed: May 25, 2000 | Docket: 57131
Cited 124 times | Published
...identity and weight of the rocky substance contained in the sandwich bag which he had obtained from Darryl Jenkins. On appeal, Brooks claims that the trial court clearly erred in making this determination. We reject Brooks' claim on the merits. [16] Section 90.702, Florida Statutes (1999), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...
...On appeal, the Third District approved the admission of the officer's testimony, holding that the trial court did not "abuse its discretion by finding that the officer qualified, through his training and extensive work experience, as an `expert' in marijuana identification." Id. (citing, among other authorities, section 90.702, Florida Statutes (1983)); cf., e.g., Pama v....
533 So. 2d 841, 1988 WL 107896
District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 1656583
Cited 74 times | Published
...ering from a condition known as Post Traumatic Stress Syndrome, the Fourth District employed the relevancy *846 approach based on our evidence code for determining the admissibility of such expert testimony. Noting that the "helpfulness" standard of section 90.702 [3] reflects a liberal policy in the admission of expert testimony, the court held: With some qualification, we believe the relevancy approach set out in the evidence code is the appropriate standard for determining the admissibility of expert testimony on child sexual abuse....
...y should usually be received only where the disputed issue for which the evidence is offered, is beyond the ordinary understanding of the jury. Johnson v. State, 393 So.2d 1069, 1072 (Fla. 1980). This view is consistent with the first requirement of section 90.702, that the opinion evidence be helpful to the trier of fact, as well as the provisions of section 90.403, that the danger of prejudice may outweigh the value of the evidence....
...section 90.403 was designed to prevent. While there is no requirement to demonstrate general acceptance, we believe that, without some indicia of reliability, opinion evidence on a particular subject could hardly be helpful to a jury as required by section 90.702....
...The State's expert witnesses were skillfully and thoroughly cross-examined, but no expert witness testified for the defense. (D) ADMISSIBILITY. In applying the relevancy test, it seems clear that the DNA print results would be helpful to the jury. § 90.702, Fla....
497 So. 2d 863, 11 Fla. L. Weekly 585
Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1264315
Cited 74 times | Published
...Nevertheless, we will examine the propriety of the objections made to Ostermeyer's testimony. Appellant alleges that the opinion testimony of Officer Ostermeyer is inadmissible because he was never qualified as an expert in the detection of blood as required by section 90.702, Florida Statutes (1983)....
934 So. 2d 1100, 2006 WL 1299617
Supreme Court of Florida | Filed: May 11, 2006 | Docket: 2481578
Cited 73 times | Published
...on as the leading factor in the wrongful conviction of those exonerated nationally by DNA evidence." Christine C. Mumma, The North Carolina Actual Innocence Commission: Uncommon Perspectives Joined by a Common Cause, 52 Drake L.Rev. 647, 652 (2004). Section 90.702, Florida Statutes (2005), titled "Testimony by experts," provides: If scientific, technical, or other specialized knowledge will assist the trier of *1125 fact in understanding the evidence or in determining a fact in issue, a witness...
...cations when such testimony would be helpful to the jury: In this case I would approve of the discretionary use of expert testimony about psychological factors that may affect eyewitness identification . . . to give effect to the intent expressed in section 90.702. Further, . . . while the question of admissibility of such expert testimony should be left to the sound discretion of the trial judge, I would attach the . . . caveat that the trial judge must exercise his or her discretion in furtherance of section 90.702's "helpfulness" standard....
...convicted based on eyewitness identification evidence."). By bringing to light research findings on factors affecting an eyewitness identification, expert testimony can assist the trier of fact, the criterion for admission of expert testimony under section 90.702....
651 So. 2d 1164, 1995 WL 2417
Supreme Court of Florida | Filed: Jan 5, 1995 | Docket: 476366
Cited 63 times | Published
...The admission into evidence of expert opinion testimony concerning a new or novel scientific principle is a four-step process. See generally Charles W. Ehrhardt, Florida *1167 Evidence § 702.1 (1992 Edition); Michael H. Graham, Handbook of Florida Evidence § 90.702 (1987 Edition). First, the trial judge must determine whether such expert testimony will assist the jury in understanding the evidence or in determining a fact in issue. § 90.702, Fla....
...295, 93 L.Ed.2d 269 (1986), and Stokes v. State, 548 So.2d 188, 195 (Fla. 1989). The third step in the process is for the trial judge to determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue. § 90.702, Fla....
767 So. 2d 637, 2000 WL 1434081
District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1661448
Cited 54 times | Published
...Thus, we find that expert testimony regarding the likelihood of reoffense under the Act assists the trier of fact in understanding the evidence and in determining facts in issue and should be admissible provided the opinions are rendered by witnesses who are qualified. See § 90.702, Fla....
483 So. 2d 1383, 11 Fla. L. Weekly 333
District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 455779
Cited 52 times | Published
...assault, the child had suffered a sexual trauma. The Florida Evidence Code became effective in criminal cases in 1979. Sections 90.401 and 90.402, Florida Statutes (1983), set out a general relevancy standard for the admission of evidence. Sections 90.702 and 90.703 deal specifically with expert testimony: 90.702 Testimony by experts....
...the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible. Section 90.702 contains three requirements: (1) that the opinion evidence be helpful to the trier of fact; (2) that the witness be qualified as an expert; and (3) that the opinion evidence can be applied to evidence offered at trial....
...y should usually be received only where the disputed issue for which the evidence is offered, is beyond the ordinary understanding of the jury. Johnson v. State, 393 So.2d 1069, 1072 (Fla. 1980). This view is consistent with the first requirement of section 90.702, that the opinion evidence be helpful to the trier of fact, as well as the provisions of section 90.403, that the danger of prejudice may outweigh the value of the evidence. The highest courts of other states have cited evidence code provisions similar to section 90.702 in support of the admissibility of expert testimony on child sexual abuse; see State v....
...al changes may be related to the trauma, we do not believe that the implications are so easily understood as to bar the receipt of a psychiatric expert's analysis thereof. Cf. Johnson v. *1386 State. Accordingly, in our view the first requirement of section 90.702, that of helpfulness to the trier of fact, was met here....
...Holland's testimony, which outlined her formal training and experience, and her licensing as a physician in two states, with a specialty in child and adolescent psychiatry, established her qualifications to render an opinion, the second requirement of section 90.702....
...ssue: Is the probative value of Dr. Holland's testimony substantially outweighed by its potential prejudicial effect? We have already discussed to some extent the probative value of Dr. Holland's testimony in assessing its helpfulness as required by section 90.702....
...section 90.403 was designed to prevent. While there is no requirement to demonstrate general acceptance, we believe that, without some indicia of reliability, opinion evidence on a particular subject could hardly be helpful to a jury as required by section 90.702....
798 So. 2d 870, 2001 WL 1359470
District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1238844
Cited 51 times | Published
...More important, there was no showing that a factual determination whether the aluminum strip was a deadly weapon was not within the realm of an ordinary juror's knowledge and understanding. Before an expert can testify, *874 the subject matter must be beyond the common understanding of the average layman. See § 90.702, Fla....
...State, 601 So.2d 1304, 1305 (Fla. 4th DCA 1992). We agree with appellant that the trial court abused its discretion in allowing the state to introduce Officer McGlon's opinion because it was not admissible as either a lay or expert opinion. See §§ 90.701 and 90.702, Fla....
622 So. 2d 963, 1993 WL 194554
Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677
Cited 50 times | Published
...On appeal, Crump argues that Malone's testimony regarding Malone's previous investigations of serial murders is prejudicial because it implied to the jury that the instant case is similar to a serial murder. *969 We disagree and find that the trial court properly denied the motions for a curative instruction and a mistrial. Section 90.702, Florida Statutes (1989), allows a witness qualified as an expert by "knowledge, skill, experience, training, or education" to testify in a trial if the testimony will assist the trier of fact in understanding the evidence or in determining a fact in issue....
123 So. 3d 1101, 2013 WL 3214442
Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60234856
Cited 49 times | Published
of an opinion as to his specialized knowledge. § 90.702, Fla. Stat. (1995). Jennings does not cite, and
966 So. 2d 337, 2007 WL 1932134
Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 505115
Cited 40 times | Published
...Pillow's theory that DNA evidence could be completely wiped off of a murder weapon was "preposterous" and "anybody else with walking-around sense would think the same thing . . . in this day and age of watching CSI." With regard to the admissibility of expert testimony, this Court has stated: Section 90.702 requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105....
863 So. 2d 169, 2003 WL 22207892
Supreme Court of Florida | Filed: Sep 25, 2003 | Docket: 1728613
Cited 36 times | Published
...Caudill also testified that he could not associate the blood spatters he tested with a specific victim. [12] An expert is permitted to express an opinion on matters in which the witness has expertise when the opinion is in response to facts disclosed to the expert at or before the trial. § 90.704, Fla. Stat. (1999). Section 90.702, Florida Statutes (1999), requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105, Florida Statutes (1999)....
863 So. 2d 1215, 2003 WL 22964723
Supreme Court of Florida | Filed: Dec 18, 2003 | Docket: 2451304
Cited 35 times | Published
...the expert opinion testimony of witnesses Mary Anderson and Detective Michael Celona. [4] However, we find no error in the trial court's conclusion that the testimonies of Mary Anderson and Detective Celona did not constitute expert testimony. Under section 90.702, Florida Statutes (2003), expert testimony is defined as "scientific, technical, or other specialized knowledge." The record demonstrates that Mary Anderson simply factually explained the contents of phone records that linked Gordon to...
434 So. 2d 988
District Court of Appeal of Florida | Filed: Jul 6, 1983 | Docket: 1246433
Cited 33 times | Published
...." [8] Moreover, not only must the underlying facts or data form a sufficient basis for an expert's opinion, but the underlying facts or data upon which the opinion is based must themselves be relevant. Although the explicit relevancy requirement of Section 90.702, Florida Statutes (1979), i.e., "the [expert] opinion is admissible only if it can be applied to evidence at trial," might arguably be read to mean that the opinion is admissible simply if it relates to a fact in issue, we think the be...
823 So. 2d 104, 27 Fla. L. Weekly Supp. 551, 2002 Fla. LEXIS 1159, 2002 WL 1208720
Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1512775
Cited 31 times | Published
...Additionally, the treating physicians based their determinations upon both broadly accepted scientific literature and differential diagnosisan established scientific methodology in which the expert eliminates possible causes of a medical condition to arrive at the conclusion as to the actual debilitating factor. Despite a "section 90.702 objection" [3] during the expert depositions, and the petitioner's motion in limine, filed one day before the pretrial hearing, which objected to the respondent's expert testimony based upon a lack of general acceptance for his theory of causation under Frye v....
...Bowsher, M.D., a clinical pharmacologist and toxicologist; Neal Warshoff, M.D., a pulmonary specialist and the respondent's treating physician; Jeffrey Brown, M.D., a clinical neurologist; and Craig Lichtblau, M.D., board-certified in physical medicine and rehabilitation, was presented. [3] Section 90.702 governs the testimony of experts. See § 90.702, Fla....
977 So. 2d 543, 2007 WL 4124744
Supreme Court of Florida | Filed: Nov 21, 2007 | Docket: 1529618
Cited 29 times | Published
...uld not be applied in federal trials." Id. at 589, 113 S.Ct. 2786. This Court should reach the same conclusion for Florida. [4] FLORIDA'S EVIDENCE CODE Of course, Florida's Evidence Code is patterned substantially upon the Federal Rules of Evidence. Section 90.702 of Florida's code is essentially identical to Federal Rule 702. And, to paraphrase the United States Supreme Court's opinion in Daubert, nothing in section 90.702 or elsewhere in Florida's Evidence Code establishes "general acceptance" as a prerequisite to the admissibility of expert opinion evidence....
...control the admission of expert opinion evidence: The Florida Evidence Code became effective in criminal cases in 1979. Sections 90.401 and 90.402, Florida Statutes (1983), set out a general relevancy standard for the admission of evidence. Sections 90.702 and 90.703 deal specifically with expert testimony: *557 90.702 Testimony by experts....
...the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible. Section 90.702 contains three requirements: (1) that the opinion evidence be helpful to the trier of fact; (2) that the witness be qualified as an expert; and , (3) that the opinion evidence can be applied to evidence offered at trial....
...y should usually be received only where the disputed issue for which the evidence is offered, is beyond the ordinary understanding of the jury. Johnson v. State, 393 So.2d 1069, 1072 (Fla. 1980). This view is consistent with the first requirement of section 90.702, that the opinion evidence be helpful to the trier of fact, as well as the provisions of section 90.403, that the danger of prejudice may outweigh the value of the evidence....
854 So. 2d 1264, 28 Fla. L. Weekly Supp. 538, 2003 Fla. LEXIS 1159, 2003 WL 21543502
Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 1459988
Cited 29 times | Published
...We also hold that even absent Lynn Chaffin's testimony against DuPont, there was enough direct evidence that Mrs. Castillo was exposed to Benlate to support the jury's verdict against DuPont. [2] Expert Testimony Under Frye To determine whether expert testimony is admissible under section 90.702, Florida Statutes (2001), Florida courts follow the test set out in Frye v....
714 So. 2d 368, 1998 WL 166266
Supreme Court of Florida | Filed: Apr 9, 1998 | Docket: 1713285
Cited 29 times | Published
...We hereby reaffirm our holding in Johnson by concluding that the admissibility of expert testimony regarding the reliability of eyewitness testimony is left to the sound discretion of the trial judge. By so holding, we are continuing to align ourselves with a majority of other jurisdictions. Under our evidence code, § 90.702, Fla....
...ll agreed that Johnson had announced a per se rule of exclusion of expert evidence on this issue. We do nothing but add to the confusion by failing to acknowledge that Johnson has been interpreted as a per se rule of exclusion. FLORIDA EVIDENCE CODE Section 90.702, Florida Statutes (1997), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. Recently, in Angrand v. Key, 657 So.2d 1146 (Fla.1995), we examined section 90.702 and those provisions of the Florida Evidence Code dealing with expert testimony and declined to establish a per se rule excluding expert testimony on the subject of grief and bereavement in tort actions. We reasoned that the trial court required discretion in determining whether to admit expert testimony in accordance with the intent expressed in section 90.702, "which is to admit expert testimony when it will assist the trier of fact in understanding the evidence or in determining a fact in issue." Id. at 1148. However, we cautioned trial courts to exercise their discretion in accordance with section 90.702's "helpfulness" test and attached the caveat that expert testimony should not be admitted "merely to relay matters which are within the common experience of jurors or to summarize what the expert has been told by lay witnesses." Id....
...The Fourth District in McMullen recognized these unique facts and the significant body of law and academic research supporting the admission of expert testimony on eyewitness identification under such circumstances, as well as our more recent decision interpreting section 90.702 in Angrand v....
...In accord with our reasoning in Angrand, the trial judge should consider the particular circumstances of the case being tried and the age, life experience, or other relevant information about the jurors in determining if the expert testimony meets the "helpfulness" standard of section 90.702, Florida Statutes (1997)....
...In this case I would approve of the discretionary use of expert testimony about psychological factors that may affect eyewitness identification for the same reason we approved expert testimony on grief and bereavement in Angrand: to give effect to the intent expressed in section 90.702....
...Further, as in Angrand, while the question of admissibility of such expert testimony should be left to the sound discretion of the trial judge, I would attach the same Angrand caveat that the trial judge must exercise his or her discretion in furtherance of section 90.702's "helpfulness" standard....
586 So. 2d 1085, 1991 WL 133574
District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454
Cited 28 times | Published
...If, then, the profile or syndrome, which is the subject of the expert's testimony, has not been demonstrated by the proffering party to comply with the general acceptance standard, it may not be admitted, despite the fact that the technique may, as provided in Section 90.702, Florida Statutes (1985), otherwise assist the jury in understanding the evidence or deciding a fact in issue....
581 So. 2d 121, 1991 WL 83561
Supreme Court of Florida | Filed: May 23, 1991 | Docket: 1683858
Cited 27 times | Published
...city if the specific grounds are not apparent from the context. See § 90.104, Fla. Stat. (1987). [9] We also conclude that the trial court did not abuse its discretion in barring certain testimony as beyond the scope of the witness's expertise. See § 90.702, Fla....
454 So. 2d 587
District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 444493
Cited 27 times | Published
...Rosenthal's undisputed testimony as to the acceptability and reliability of LCT for diagnosing the presence of soft tissue injuries supports the trial court's decision to acknowledge the validity of LCT for purposes of aiding the jury in its deliberations. [9] § 90.702, Fla....
...We must now address the propriety of the trial court's rulings regarding Dr. Poritz. Was Dr. Poritz qualified to testify as to the results of his thermographic examination of Fay and were the thermograms taken by him admissible? The Florida Evidence Code provision dealing with admissibility of expert testimony, section 90.702, Florida Statutes (1981), provides: Testimony by experts....
...Poritz were clearly treatable within the scope of chiropractic medicine. § 460.403(3)(a), Fla. Stat. (1981). [13] Horowitz at 1308. However, since Horowitz does not resolve the ultimate issues presented by this appeal, we find it necessary to re-examine section 90.702 and the general law relating to the admissibility of expert testimony....
...Additionally, neither the legislature nor the State Board of Chiropractic place limitations on the types of diagnostic tools which a chiropractic physician may employ in his practice. § 460.403(3)(a). Finally, we note the trend is to liberally construe section 90.702....
28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038
Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281
Cited 27 times | Published
...We have explained that "[t]he determination of a witness's qualifications to express an expert opinion is peculiarly within the discretion of the trial judge, whose decision will not be reversed absent a clear showing of error." Ramirez v. State, 542 So.2d 352, 355 (Fla.1989). Section 90.702, Florida Statutes (2005), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...
166 So. 3d 189
District Court of Appeal of Florida | Filed: May 28, 2015 | Docket: 2660703
Cited 26 times | Published
...Appellant, William Booker, seeks reversal of the order denying him workers’
compensation benefits. Finding no error, we affirm the order in its entirety. Four of
the five issues raised by Appellant were challenges to the judge’s evidentiary rulings
grounded in section 90.702, Florida Statutes, establishing what is commonly referred
to as the Daubert test for the admissibility of expert scientific testimony....
...Background
In Giaimo v. Florida Autosport, Inc., 154 So. 3d 385, 387-88 (Fla. 1st DCA
2014), we addressed the Daubert test and outlined Florida’s adoption of that
standard:
In 2013, the Florida Legislature modified section 90.702 “to
adopt the standards for expert testimony in the courts of this state as
provided in Daubert v....
...512, 139 L.Ed.2d 508 (1997), and
Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143
L.Ed.2d 238 (1999), and to no longer apply the standard in Frye v.
United States, 293 F. 1013 (D.C.Cir.1923)[.]” See Ch. 13–107, § 1,
Laws of Fla. (2013) (Preamble to § 90.702). As amended, section
90.702 now provides:
If scientific, technical, or other specialized knowledge will assist
the trier of fact in understanding the evidence or in determining
a fact in issue, a witness qualified as...
...(2) The testimony is the product of reliable principles and
methods; and
(3) The witness has applied the principles and methods reliably
to the facts of the case.
2
§ 90.702, Fla....
...reflected its intent to prohibit “pure opinion testimony, as provided in
Marsh v. Valyou, 977 So. 2d 543 (Fla. 2007)[.]” Ch. 13–107, § 1, Laws
of Fla; see Charles W. Ehrhardt, 1 Fla. Prac., Evidence § 702.3 (2014
ed.) (“In adopting the amendment to section 90.702, the legislature
specifically stated its intent that the Daubert standard was applicable to
all expert testimony, including that in the form of pure opinion.”)
(footnote omitted).
Tim...
...2d DCA 2004); see generally 24A Fla. Jur.
Evidence, § 1104.
Id. at 496-97. The common thread running through these examples is that “pure
opinion” testimony is based only on clinical experience and training; in contrast, the
cornerstone of section 90.702 is relevance and reliability based on scientific
knowledge....
...Because the record supports that finding, the judge did not abuse her discretion 2 in
rejecting any argument that the opinions of Drs. Nocero and Perloff were “pure
opinion” testimony.
Daubert Test
The Daubert test as codified in section 90.702 requires (1) that the testimony
be based on “sufficient facts or data”; (2) that it be a “product of reliable principles
and methods”; and (3) that the expert “applied the principles and methods reliable
to the facts of th...
709 So. 2d 552, 1998 WL 85601
District Court of Appeal of Florida | Filed: Mar 3, 1998 | Docket: 1682130
Cited 26 times | Published
...tially the same evidence in both cases. Thus, for purposes of this appeal, the evidence and cases will be considered together. The Frye Reliability Standard The issue of the admissibility of expert testimony is governed by the Florida Evidence Code, section 90.702, Florida Statutes (1995)....
...rt by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. Like its federal counterpart, Federal Rule of Evidence 702, section 90.702 is "silent as to any requirement that there be general acceptance of a newly developed scientific technique or principle in the particular field in which it belongs." Hawthorne v....
...principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. Id. at 1014. After the adoption of the Florida Evidence Code, of which section 90.702 is part, disagreement arose among the district courts of appeal as to whether (i) the relevancy test under section 90.702 combined with the so-called balancing test of section 90.403 or (ii) the Frye test was to be applied to determine the admissibility of novel scientific evidence....
568 So. 2d 882, 1990 WL 130205
Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 1526628
Cited 25 times | Published
...of any individual. A witness may only testify as an expert in those areas of his expertise. Rowe v. State, 120 Fla. 649, 163 So. 22 (1935); Kelly v. Kinsey, 362 So.2d 402 (Fla. 1st DCA 1978); Upchurch v. Barnes, 197 So.2d 26 (Fla. 4th DCA 1967). See § 90.702, Fla....
946 So. 2d 1032, 2006 WL 3093186
Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136
Cited 25 times | Published
...ns. Because we must decide as a matter of law whether the rules of evidence allow an expert to testify on direct examination that he or she consulted with other experts, we apply a de novo standard of review. Expert testimony is governed by sections 90.702-90.706, Florida Statutes (2005). Section 90.702 provides that experts may testify in the form of an opinion "[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." The expert's testim...
7 So. 3d 473, 2009 Fla. LEXIS 405, 2009 WL 702262
Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1227181
Cited 25 times | Published
...ness cannot otherwise accurately communicate what he or she perceived so long as the opinion will not mislead the trier of fact and the opinion is not one that requires special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (2005). Section 90.702 governs opinion testimony by expert witnesses and provides that a witness can be qualified as an expert by knowledge, skill, experience, or training. § 90.702, Fla....
810 So. 2d 836, 2001 WL 1628609
Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 1223954
Cited 24 times | Published
...In such a case, "scientific" reliability must be established as a predicate to "legal" reliability. A. "Legal" Reliability The Balancing Test Under the Florida Evidence Code, expert testimony is admissible if it will assist the trier-of-fact in his or her task: 90.702 Testimony by experts.If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. § 90.702, Fla....
116 So. 3d 284, 2013 WL 2435441
Supreme Court of Florida | Filed: Jun 6, 2013 | Docket: 60232345
Cited 23 times | Published
NOTES ON USE FOR 601.2 1. Expert witness. See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla
12 So. 3d 199, 34 Fla. L. Weekly Supp. 383, 2009 Fla. LEXIS 977, 2009 WL 1792963
Supreme Court of Florida | Filed: Jun 25, 2009 | Docket: 172791
Cited 23 times | Published
...an expert opinion, and this determination will not be reversed absent a clear showing of error. See Brooks v. State, 762 So.2d 879, 892 (Fla.2000). Before an expert may render an opinion, the witness must satisfy a four-prong test of admissibility. Section 90.702, Florida Statutes (2007), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...
706 So. 2d 20, 1997 WL 795198
District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1280440
Cited 23 times | Published
...entific evidence were sufficiently tested and accepted by the relevant scientific community. We also find Centex's argument concerning the use of Dr. Hodgson's opinion testimony as a conduit for inadmissible hearsay opinions to be without merit. See § 90.702, Fla....
70 So. 3d 472, 2011 WL 1584583
Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 405495
Cited 22 times | Published
...[10] In Armstrong, 920 So.2d at 770, the Third District explained that Dr. Cole's proffered testimony was not probative and was therefore inadmissible: We quash the order permitting Dr. Cole to testify because his "informed hypothesis" is irrelevant to any material issue. See Fla. Stat. § 90.702 (an expert's opinion "is admissible only if it can be applied to the evidence at trial"); Stano v....
657 So. 2d 1146, 1995 WL 373745
Supreme Court of Florida | Filed: Jun 22, 1995 | Docket: 463971
Cited 22 times | Published
...g. We limit Shelburne to its facts and reject this comprehensive finding as applicable to all wrongful death cases. Affording the trial court discretion in respect to the type of testimony offered by Dr. Platt is necessary to implement the intent of section 90.702, which is to admit expert testimony when it will assist the trier of fact in understanding the evidence or in determining a fact in issue....
519 So. 2d 1082, 1988 WL 6404
District Court of Appeal of Florida | Filed: Feb 1, 1988 | Docket: 1698731
Cited 20 times | Published
...[4] The three types of symptoms were referred to as: sexual behavior (suggestions of sexual activities, e.g., sexual play with toys); behavioral reactions (extreme passiveness or aggressiveness, changes in eating, underachievement); and emotional reactions (sleep disturbances, physical and depressive reactions). [5] Section 90.702, Florida Statutes, provides: Testimony by experts....
719 So. 2d 325, 1998 WL 483930
District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 1351566
Cited 20 times | Published
...This case did concern litigation malpractice, for which the "trial within a trial" approach was proper. I agree that an expert was not necessary in this case to establish causation. Whether expert testimony was permissible on this issue in a family law litigation malpractice case is within the trial court's discretion under § 90.702, Florida Statutes (1997)....
706 So. 2d 107, 1998 WL 66780
District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1682619
Cited 19 times | Published
...5th DCA), rev. denied, 440 So.2d 352 (Fla.1983). To qualify as an expert witness, the witness must have such skill, knowledge or experience so as to make it appear that his or her opinion will aid the trier of fact in the search for the truth. See, § 90.702, Fla....
468 So. 2d 1027, 10 Fla. L. Weekly 1032
District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 1402073
Cited 19 times | Published
...s on which an expert witness may testify, and this determination will not be disturbed on appeal absent a clear showing of abuse of discretion. E.g., Guy v. Kight, 431 So.2d 653 (Fla. 5th DCA), pet. for rev. den., 440 So.2d 352 (Fla. 1983). See also § 90.702, Fla....
258 So. 3d 1219
Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090
Cited 18 times | Published
authority to repeal. Indeed, Marsh did not construe section 90.702, Florida Statutes (2007), because the test
855 So. 2d 157, 2003 WL 21990704
District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1508592
Cited 18 times | Published
...d ears of lawyers and judges, the trial judge could conclude, within the bounds of his discretion, that a jury might be misled by this opinion. Even if not properly excluded under section 90.403, the trial judge could have properly excluded it under section 90.702, Florida Statutes, by making the determination that it will not assist the trier of fact....
...1st DCA 1983), petition for review denied, 487 So.2d 1118 (Fla. 1st DCA 1986). [5] Having conceded that the trial court's decision to exclude Sanchez's testimony might be erroneous, the dissent argues for application of the tipsy coachman rule, suggesting that the evidence might be excluded under section 90.702 and other provisions of section 90.403, Florida Evidence Code....
980 So. 2d 1126, 2008 WL 723786
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1735771
Cited 17 times | Published
...with respect to the location of the towers without the necessity of expert testimony. We find that the testimony of Donna Plasmir and Janan Chandler, the records custodians from Sprint-Nextel and Metro PCS, did not constitute expert testimony under section 90.702, Florida Statutes (2007), and therefore was properly admitted....
461 So. 2d 165
District Court of Appeal of Florida | Filed: Dec 4, 1984 | Docket: 464575
Cited 17 times | Published
...tances as marijuana had always been corroborated by lab tests. The trial court, therefore, did not abuse its discretion by finding the officer qualified, through his training and extensive work experience, as an "expert" in marijuana identification. § 90.702, Fla....
...fy as an expert with "specialized knowledge." The state tendered and the judge accepted the officer's opinion testimony based upon his prior experience and knowledge in the narcotics field. The testimony, therefore, was clearly within the purview of section 90.702, dealing with the admissibility of opinion testimony of experts....
452 So. 2d 14
District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 474371
Cited 17 times | Published
...That such a motion is no longer necessary to preserve the objection needs no citation of authority. Nor is the husband's testimony admissible as opinion testimony, as suggested in the majority opinion. The witness was not qualified as an expert under section 90.702, Florida Statutes, and the testimony was not admissible as lay opinion under section 90.701 because, admittedly, it was not based upon the witness's personal perception (he had not been to Japan) and required special knowledge and skill which the witness clearly lacked....
581 So. 2d 133, 1991 WL 88737
Supreme Court of Florida | Filed: May 30, 1991 | Docket: 1283954
Cited 16 times | Published
...es violated German law. After a voir dire of the witness, the trial court declined to accept the evidence as expert opinion testimony, ruling that Riechmann failed to qualify the witness as an expert in the relevant field of German criminal law. See § 90.702, Fla....
545 So. 2d 430, 1989 WL 64533
District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1702839
Cited 16 times | Published
...1st DCA 1985); see also Husky Indus., Inc. v. Black, 434 So.2d 988 (Fla. 4th DCA 1983); Ehrhardt, Florida Evidence, § 704.1 (2d ed. 1984). In this case, the expert's testimony was merely used as a conduit. This is true for several reasons. First, section 90.702, Florida Statutes (1987), permits expert testimony to assist the jury in understanding "a fact in issue." The expert's opinions are not admissible unless the opinions "can be applied to evidence at trial." In this case, the expert was...
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
...5th DCA 1982); Prohaska v. Bison Co., 365 So.2d 794 (Fla. 1st DCA 1978); Salinetro v. Nystrom, 341 So.2d 1059, 1061 (Fla. 3d DCA 1977). In my judgment the state's two witnesses, Doerner and Gertz, failed to demonstrate that they were sufficiently qualified to meet section 90.702's test for testimony by experts: "[A] witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion...." Neither of the two, as stated previously, demonstrated suf...
...tablish the proposition it is offered to prove. McCormick, supra, § 185, 541-542. Section 90.402 next provides that "[a]ll relevant evidence is admissible, except as provided by law." When considering sections 90.401 and 90.402 in pari materia with section 90.702 (imposing, as does Federal Rule 702, a two-part test for the admissibility of expert testimony: (1) that the scientific knowledge "assist the trier of fact in understanding the evidence or in determining a fact in issue," and (2) that the witness be qualified), I reiterate that both of section 90.702's two requisites for the admission of the challenged expert syndrome evidence have already been recognized by this court as satisfied....
...should be excluded. If, on the other hand, the expert were deemed qualified, but the subject of the proposed testimony was not material to a fact in issue, the proposed testimony similarly must be excluded. Once, however, the proposed evidence meets section 90.702's two requisites for admissibility, the trial judge's discretion thereafter to exclude is sharply curtailed by the provisions of section 90.403. Although evidence of the syndrome in the case on review may be considered relevant, because it satisfied section 90.702's *785 dual requisites for admissibility, such relevance, as McCormick notes, "does not ensure [its] admissibility." Id....
...He may only exercise his discretion to exclude if the probative value of relevant evidence "is substantially outweighed" by the factors listed in section 90.403 (e.s.). His discretion, following balancing, differs in significant degree from his initial discretion to decide whether an expert is qualified, pursuant to section 90.702, to offer an opinion, and whether the proposed testimony would assist the trier of fact in understanding the evidence or in determining a fact in issue....
...aits or characteristics and certain forms of behavior, from which diagnostic or predictive profiles can be constructed for such behavior. E. Cleary, McCormick on Evidence, § 206 at 634-35 (3d ed. 1984). [2] This requirement is imposed in Florida by Section 90.702, Florida Statutes....
787 So. 2d 3, 2001 Fla. App. LEXIS 5255, 2000 WL 1880340
District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 473458
Cited 15 times | Published
...December 1998. Each expert witness opined that a causal relationship exists between the claimant's condition and his employment pesticide exposure. At the depositions, U.S. Sugar objected to the admissibility of the expert testimony on the ground of section 90.702, Florida Statutes, the statute governing admissibility of expert opinion testimony. Frye was not raised as a basis for the objection. Although section 90.702 governs the general admissibility of expert testimony, the statute is "silent as to any requirement that there be general acceptance of a newly developed scientific technique or principle...." Hawthorne v. State, 470 So.2d 770, 783 (Fla. 1st DCA 1985)(Ervin, J., concurring and dissenting). [9] Thus, an objection under section 90.702 does not raise or preserve an objection under Frye....
...tionary 15 (1967). [9] By comparison, the admissibility test used by the federal courts, first announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), is premised on the federal counterpart to section 90.702, rule 702, the Federal Rules of Evidence....
35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302
Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266
Cited 14 times | Published
...ink it deserves, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion expressed, and all the other evidence in the case. NOTES ON USE FOR 601.2 1. Expert witness. See F.S. 90.702 (1985), and Shaw v....
905 So. 2d 182, 2005 Fla. App. LEXIS 4348, 2005 WL 714919
District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 214466
Cited 14 times | Published
...poorly drafted," and "was a very ill-advised agreement" depended on the use of his legal experience and specialized training, without which he would not be qualified to render this opinion. Such testimony is only admissible as expert testimony under section 90.702, Florida Statutes (1999)....
9 So. 3d 729, 2009 Fla. App. LEXIS 3450, 2009 WL 1066016
District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1221405
Cited 14 times | Published
...The standard of review for trial court decisions concerning the qualifications of expert witnesses and the scope of their testimony is abuse of discretion. Terry v. State, 668 So.2d 954, 960 (Fla.1996); Gold, Vann & White, P.A. v. DeBerry, 639 So.2d 47, 55 (Fla. 4th DCA 1994). As the supreme court has explained: Section 90.702 requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105....
741 So. 2d 520, 1999 WL 397135
District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 2449053
Cited 13 times | Published
...n establishing supervision and guidelines for taking care of clients at its summer camp swimming program, including [Nathan]." The record does not support ARC's contentions. Ms. Fletcher presented a witness who was qualified by the trial court under section 90.702, Florida Statutes (1991), as a person entitled to give opinion testimony "in the field of care and supervision of epileptics in pool situations." This witness testified that swimming is safe for a person with an uncontrolled seizure di...
245 So. 3d 755
District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333493
Cited 12 times | Published
establish that Simon’s testimony satisfied section 90.702, Florida Statutes (2013), or Daubert v. Merrell
858 So. 2d 999, 2003 WL 21290887
Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 2518147
Cited 12 times | Published
...To the extent that the majority adopts a bright-line rule that a properly trained and qualified neuropsychologist can never testify to the cause of brain damage, I disagree. [6] I would leave this question to the *1008 sound discretion of the trial court based on the criteria for admission of expert testimony set forth in section 90.702, Florida Statutes (2002)....
...nd neuropsychologists to testify on causation as any other expert would be qualified to testify in his or her area of expertise. A psychologist's or neuropsychologist's competency to give an opinion will be subject only to the limitations imposed by 90.702, Florida Statutes....
...Baldwin Acoustical & Drywall, 696 So.2d 507 (Fla. 1st DCA 1997). There is no discussion of the psychologist's training and expertise but a mere statement in the order of the workers' compensation judge that relies on the statement in DeSerio. See Bishop, 696 So.2d at 510. [7] Section 90.702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, trainin...
748 So. 2d 1108, 2000 WL 140102
District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1505041
Cited 12 times | Published
...THE FRYE ISSUE Pine Island and DuPont argue that the trial court should not have admitted plaintiffs' scientific evidence as it did not satisfy the test for admissibility set forth in Frye v. United States, 293 F. 1013 (D.C.Cir. 1923). [6] We agree. The admission of expert testimony in this case is governed by section 90.702, Florida Statutes (1995), which provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowl...
753 So. 2d 109, 1998 WL 821757
District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1729096
Cited 10 times | Published
...As AEW properly concedes, the jury will still need to assess AEW's percentage of negligence, if any, before determining if, in fact, the decedent's comparative negligence limits Brito's recovery. III. EXCLUDING BOULTER KELSEY Finally, we affirm the court's excluding Kelsey's testimony under the Frye test or, alternatively, section 90.702, *114 Florida Statutes (1993)....
497 So. 2d 1275, 11 Fla. L. Weekly 2363
District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1242857
Cited 10 times | Published
...e deprived of the right to present expert medical testimony of a licensed and experienced physician without substantial reason to believe that the expert is unqualified to render an opinion that will be reliable and helpful to the trier-of-fact. See § 90.702, Fla....
536 So. 2d 260, 13 Fla. L. Weekly 2459, 1988 Fla. App. LEXIS 5035, 1988 WL 117586
District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 2553424
Cited 9 times | Published
...See Dallas & Mavis Forwarding Co., Inc. v. Stegall, 659 F.2d 721 (6th Cir.1981); Commonwealth v. Kendell, 9 Mass. App. 152, 399 N.E.2d 1115 (1980). The purpose of expert testimony is to "assist the trier of fact in understanding the evidence or in determining a fact in issue ... .," § 90.702, Fla....
489 So. 2d 143, 11 Fla. L. Weekly 1219
District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 545549
Cited 9 times | Published
...In our view these statutory provisions have a distinct and separate purpose and were not intended to supplant the provisions of the evidence code, which sets out the applicable guidelines for the admission of expert testimony in court proceedings. Section 90.702, Florida Statutes (1983) provides that expert testimony is admissible if it is relevant and would be helpful to the trier of fact in understanding the evidence or determining a fact in issue at the trial....
621 So. 2d 1380, 1993 WL 247134
District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 1677754
Cited 9 times | Published
...t so in this case. The Florida Evidence Code applies to workers' compensation proceedings. See, e.g., Martin Marietta Corp. v. Roop, 566 So.2d 40 (Fla. 1st DCA 1990); Odom v. Wekiva Concrete Products, 443 So.2d 331 (Fla. 1st DCA 1983). This includes section 90.702, which relates to testimony by experts....
...mployee, is qualified to express an opinion as to the reasonableness and necessity of the practitioners' care, pursuant to the provisions of section 440.13, notwithstanding that the witness may satisfy the qualifications of an expert, as provided in Section 90.702, Florida Statutes, by reason of his knowledge and education. I am of the view that Dr. Kessler is not qualified by virtue of section 440.13 to give any such opinion, and it is therefore immaterial, for the reasons stated infra, that he may otherwise be qualified as an expert under section 90.702....
...ntitled to limit testimony to that of competent practitioners of their own schools of medicine. [1] 61 Am.Jur.2d Physicians, Surgeons, & Other Healers § 353 (1981). The majority, however, ante at 5, refers to the Florida Evidence Code, specifically section 90.702, relating to the testimony of experts, which provides in part that "a witness [may be] qualified as an expert by knowledge, skill, experience, training, or education." The majority reasons therefrom that because Dr....
...acticing peer group of another physician to testify that the requested treatment of a member of the different group is not reasonable or necessary. And I find nothing in section 440.13 evincing any legislative intent to incorporate the provisions of section 90.702 therein....
...rsonal injury action). Because the language of a particular statute may restrict the right of a person from rendering an opinion in a given case, notwithstanding that such person may otherwise meet the qualifications of an expert witness pursuant to section 90.702, the majority's reliance on Van Sickle v....
...different school of practice from that of the physician whose requested services were under review to offer an opinion as to the appropriateness of such treatment. If the only limitation placed upon Dr. Kessler's right to testify was as provided in section 90.702, I could agree with the majority that the JCC did not abuse his discretion in deciding that Dr....
447 So. 2d 903
District Court of Appeal of Florida | Filed: Feb 29, 1984 | Docket: 1311845
Cited 9 times | Published
...he jury to satisfy that legitimate concern. In reaching this conclusion, we recognize that the question of a witness's competency is for the trial court's resolution. See sections 90.105 and 90.603(2), Florida Statutes (1981). Yet, we also note that section 90.702, Florida Statutes (1981), empowers the trial court to admit expert testimony "[i]f scientific ......
252 So. 3d 1143
Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813516
Cited 8 times | Published
of experts. All other areas are governed by section 90.702, Florida Statutes (2018), entitled "Testimony
993 So. 2d 157, 2008 WL 4722492
District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286
Cited 8 times | Published
...oncerning how Nardone had actually used the strip. The State made no showing that a factual determination of whether the aluminum strip was a deadly weapon was beyond the scope of an ordinary juror's knowledge and understanding, as is required under section 90.702, Florida Statutes, infra....
767 So. 2d 485, 2000 WL 628247
District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1661443
Cited 8 times | Published
...on. The Schneers timely perfected this appeal. The appellants first assert that the lower court reversibly erred in excluding the proposed testimony of their expert witness. They maintain that Mr. Porter's expert testimony was admissible pursuant to section 90.702, Florida Statutes (1993), [3] where it would have been patently helpful to the jury....
...MS. CURRAN: Okay, I think that's about all I intent to use this witness for. [2] The parties also stipulated that Allstate's claims for rescission and breach of contract in its counterclaim would be resolved by the court after the jury's verdict. [3] Section 90.702 provided in relevant part that: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skil...
644 So. 2d 1376, 1994 WL 559630
District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 79015
Cited 8 times | Published
...And, I also think, the circumstantial evidence in this case was sufficiently substantial to support the jury's conclusion that Gamble was guilty of possession with intent to sell or deliver contraband. [1] § 893.13(1)(a), Fla. Stat. (1991). Florida's Evidence Code, section 90.702, Florida Statutes (1991) provides that if specialized knowledge will assist the trier of fact in understanding the evidence, or in determining a fact issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion....
...[3] § 893.13(1)(a), Fla. Stat. (1991). [4] § 843.02, Fla. Stat. (1991). [5] § 775.084(3), (4), Fla. Stat. (1991). [1] Gamble was also convicted of sale of cocaine within 1,000 feet of a school, possession of cocaine, and resisting arrest without violence. [2] Section 90.702 provides: Testimony by experts....
700 So. 2d 743, 1997 WL 600837
District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1719570
Cited 8 times | Published
...Anton's fourth contention is that the trial court erred in permitting Deputy Moe to testify that a perpetrator's act of driving toward a victim is a tactic used to prevent the victim from recalling the tag number of a vehicle. The State did not qualify the deputy as an expert witness before eliciting this statement. See § 90.702, Fla....
2 So. 3d 47, 2008 WL 4809783
Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648
Cited 8 times | Published
...466 U.S. at 688, 104 S.Ct. 2052 (emphasis supplied). Finally, even if the refusal to admit expert testimony concerning the norms of capital representation constitutes an abuse of discretion under certain discrete circumstances, it does not here. Under section 90.702, Florida Statutes, expert testimony is admissible only where "specialized knowledge will assist the trier of fact in understanding the evidence or in determining *82 a fact in issue." Hypothetically, a situation could exist in which a...
238 So. 3d 817
District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304714
Cited 8 times | Published
at 592-93. The Daubert test, as codified in section 90.702, requires that “[t]he testimony is based upon
654 So. 2d 184, 1995 WL 170717
District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 1710340
Cited 8 times | Published
...The court outlined the procedure as follows: *188 The admission into evidence of expert opinion testimony concerning a new or novel scientific principle is a four-step process. See generally Charles W. Ehrhardt, Florida Evidence § 702.1 (1992 Edition); Michael H. Graham, Handbook of Florida Evidence § 90.702 (1987 Edition). First, the trial judge must determine whether such expert testimony will assist the jury in understanding the evidence or in determining a fact in issue. § 90.702, Fla....
...295, 93 L.Ed.2d 269 (1986), and Stokes v. State, 548 So.2d 188, 195 (Fla. 1989). The third step in the process is for the trial judge to determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue. § 90.702, Fla....
739 So. 2d 710
District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 1294000
Cited 7 times | Published
...However, that discretion is not without limits. Nathanson v. Houss, 717 So.2d 114 (Fla. 4th DCA 1998). Generally, an expert should be permitted to testify when his or her specialized knowledge will "assist the trier of fact in understanding the evidence or determining a fact in issue." § 90.702, Fla....
995 So. 2d 552, 2008 WL 4057841
District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1684289
Cited 7 times | Published
...vintage. However, just eight years ago, in Brooks v. State, 762 So.2d 879 (Fla.2000), the Florida Supreme Court clearly signaled that in a proper case, a lay personin Brooks, a drug dealer possessed of "specialized knowledge" within the meaning of section 90.702 of the Florida Evidence Codemay express an opinion in the form of expert testimony regarding the identity of crack cocaine....
258 So. 3d 508
District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 64696893
Cited 7 times | Published
"the product of reliable principles and methods." § 90.702, Fla. Stat. (2017). They therefore cannot provide
704 So. 2d 615, 1997 WL 656334
District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1354194
Cited 7 times | Published
...However, these cases do not represent a departure from the general rule that an expert is permitted to testify when "scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....
761 So. 2d 388, 2000 WL 525999
District Court of Appeal of Florida | Filed: May 3, 2000 | Docket: 1299964
Cited 7 times | Published
...Next, we address whether it was error for the trial court to allow Dr. Appel to give a medical opinion on the cause of Cruz's organic brain damage, even though she is not a medical doctor. Generally, a witness may be qualified as an expert based upon "knowledge, skill, experience, training, or education...." § 90.702, Fla....
...nd neuropsychologists to testify on causation as any other expert would be qualified to testify in his or her area of expertise. A psychologist's or neuropsychologist's competency to give an opinion will be subject only to the limitations imposed by 90.702, Florida Statutes....
558 So. 2d 1072, 1990 WL 28173
District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 1362824
Cited 7 times | Published
...mony regarding the dangerous condition of the road was sufficiently related to the ultimate issue of the case so as to be admissible. We affirm on that point as well. The witness was qualified to give an expert opinion based upon his experience. See Section 90.702, Florida Statutes (1987)....
881 So. 2d 1137, 2004 WL 1584336
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1466241
Cited 7 times | Published
...The determination of a witness's qualifications to express an expert opinion is peculiarly within the discretion of the trial judge, whose decision in that regard will not be reversed absent a clear showing of error. See Anderson v. State, *1149 863 So.2d 169, 179 (Fla.2003). Section 90.702, Florida Statutes, requires that before an expert may render an opinion, two preliminary factual determinations must be made by the court under section 90.105, Florida Statutes....
668 So. 2d 593, 1996 Fla. LEXIS 150, 1996 WL 73780
Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 2272886
Cited 7 times | Published
...then the court should be given the same freedom to determine admissibility under Florida's Evidence Code in the instant case where the statute has no specific procedural requirements. Furthermore, the Florida Tile interpretation contradicts sections 90.702-90.705, Florida Statutes (1991), which address opinion testimony by experts. As provided in section 90.702, an expert witness may testify in the form of an opinion if the expert's specialized knowledge would assist the trier of fact in understanding the evidence or in determining a fact in issue....
753 So. 2d 596, 2000 WL 159019
District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1433537
Cited 7 times | Published
...f the jury. We agree. Hooligan's expert was allowed to say that David was the aggressor in the fight that later led to his murder. This opinion, based on a review of eyewitness accounts and depositions, invaded the province of the jury. According to section 90.702, Florida Statutes (1997), the purpose of expert testimony is to "assist the trier of fact in understanding the evidence or in determining a fact in issue." The expert's opinion must concern a subject which is "beyond the common underst...
951 So. 2d 784, 2006 WL 3629859
Supreme Court of Florida | Filed: Dec 14, 2006 | Docket: 104
Cited 7 times | Published
...43, 670 N.E.2d 721, 739 (1996) (McMorrow, J., specially concurring)). Accordingly, we review the circuit court's exclusion of this evidence de novo. We affirm the circuit court's ruling for three reasons. First, the opinion testimony is inadmissible under section 90.702, Florida Statutes (2005), which provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowl...
...Further, the remaining evidence submitted by Hildwin, including the videotapes, trial scripts, and Dr. Moore's report, are unsworn evidence inadmissible independent of Moore's testimony. *792 Assuming that opinion testimony derived from mock trial results is admissible on this issue under section 90.702, this evidence was nevertheless inadmissible under Frye....
...In the article, the attorneys and consultants describe mock jury trials as accurately predicting trial results and give anecdotal support. This is not sufficient evidence of reliability and general acceptance in predicting trial results to meet the Frye standard. Finally, assuming general admissibility under section 90.702 and general acceptance of the underlying scientific principle pursuant to Frye, the mock trials conducted in this case diverged from evidence pertinent under the Jones test for determining whether newly discovered evidence warrants a new trial....
856 So. 2d 6, 2003 WL 22023663
District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1298201
Cited 7 times | Published
...Neither as a psychologist nor as the wearer of his many other hats was Dr. Shahnasarian shown to possess the "knowledge, skill, experience, training, or education" necessary to qualify as an expert on the standard of care required of a medical doctor who recommends that a spinal column stimulator be implanted. § 90.702, Fla....
871 So. 2d 899, 2003 Fla. App. LEXIS 17101, 2003 WL 22657851
District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 1300466
Cited 6 times | Published
...The trial court granted Goodyear's motion for directed verdict specifically finding that: a. The testimony of Plaintiffs' expert witness [H. Richard] Baumgardner, was incompetent, speculative and inadmissible pursuant to Frye v. United States, 293 F. 1013 (D.C.Cir.1923) and Florida Statute 90.702 and therefore Plaintiffs' proof of their negligence and strict liability claims, Counts I and II of the complaint, was legally insufficient....
...[7] The United States Supreme Court has held that expert opinion testimony of a tire failure expert does not constitute "scientific testimony." Kumho Tire Co. v. Carmichael, 526 U.S. 137, 141, 142, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). [8] Moreover, Baumgardner's testimony was also admissible under section 90.702 because he was qualified to give an expert opinion, and his testimony assisted the jury in understanding the evidence. § 90.702, Fla....
246 So. 3d 400
District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383139
Cited 6 times | Published
constitutes an expert witness may be derived from section 90.702, Florida Statutes (2016): If scientific
142 So. 3d 867, 39 Fla. L. Weekly Supp. 485, 2014 WL 3034008, 2014 Fla. LEXIS 2148
Supreme Court of Florida | Filed: Jul 7, 2014 | Docket: 58983
Cited 6 times | Published
...Evans is not an anesthesiologist and has no experience treating
patients with porphyria or in administering midazolam, his testimony on Davis’ as-
applied challenge was pure speculation.
With respect to when the introduction of expert testimony is proper, section
90.702, Florida Statutes (2013), provides as follows:
If scientific, technical, or other specialized knowledge will assist the
trier of fact in understanding the evidence or in determining a fact in...
823 So. 2d 215, 2002 WL 1759780
District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 458791
Cited 6 times | Published
...When conflict emerges, it is better to specify the precise claims involved and reserve the locution informed consent for only those occasions when the patient assails the medical judgment of the physician in deciding what information to impart to validate a consent given by a patient to the physician. [14] See § 90.702, Fla....
529 So. 2d 307, 1988 WL 72183
District Court of Appeal of Florida | Filed: Jul 14, 1988 | Docket: 1523776
Cited 6 times | Published
...Ross v. State, 386 So.2d 1191 (Fla. 1980); Executive Car and Truck Leasing v. DeSerio, 468 So.2d 1027 (Fla. 4th DCA 1985); Reese v. Naylor, 222 So.2d 487 (Fla. 1st DCA 1969). Appellant acknowledges that Dr. Monahan's testimony was admissible under Section 90.702, Florida Statutes, as to whether psychological tests would have been helpful in making a diagnosis such as the one involved in this lawsuit....
511 So. 2d 365, 12 Fla. L. Weekly 1668
District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1338301
Cited 6 times | Published
...o be decided by the trier of fact. This section has been interpreted by the Florida courts to mean that the test of admissibility is not whether the opinion is on the ultimate issue in the case but whether it can qualify under the standard stated in Section 90.702. See 1 Gard, Florida Evidence, § 12:11 at 437 (1980). Section 90.702 provides as follows: 90.702 Testimony by experts....
...ncerning probate law, federal and state estate taxation, and will construction. Such questions certainly go beyond the ordinary understanding of the trier of fact and expert testimony on these questions would qualify under the standard enunciated in Section 90.702....
425 So. 2d 163
District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 1657897
Cited 6 times | Published
...s exposed. While the subject of noise levels would undoubtedly be an appropriate one for expert testimony, we are not convinced that it is one that necessarily requires expert testimony. See, Law Revision Council Note 1976, Florida Evidence Code, Section 90.702, Florida Statutes Annotated, Vol....
954 So. 2d 630, 2007 WL 466031
District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 1651684
Cited 6 times | Published
...pearances for a reasonable period of time and had produced this list to plaintiff's counsel prior to trial. An expert witness' credibility may be impeached by showing bias, partiality, improper relationships or motives. § 90.608, Fla. Stat. (2005); § 90.702, Fla....
580 So. 2d 162, 1991 Fla. App. LEXIS 986, 1991 WL 15471
District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 1716846
Cited 6 times | Published
...Each year millions of dollars are spent to educate and train police officers to fight the "war on drugs." The result is that many members of the police departments and law enforcement agencies in Florida are experts in the detection of illicit drugs. As experts the police officers are allowed to give opinion evidence. See § 90.702, Fla....
668 So. 2d 200, 1995 Fla. App. LEXIS 12587, 1995 WL 712528
District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1290506
Cited 6 times | Published
...(3) The nature of the respective injuries of the occupants of the front seats. The court has examined the testimony in detail and now recognizes it committed prejudicial error in permitting opinion testimony as to matters which were well within the common knowledge of jurors. See sponsors notesF.S. 90.702 Although we may not have granted a new trial on this basis had we been the trial judge, due to the wide discretion afforded the trial court in making such a determination, we are not prepared to say that he abused his discretion in this regard....
851 So. 2d 280, 2003 WL 21800073
District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1313141
Cited 6 times | Published
...or failed to follow medical protocol. Accordingly, that solicited testimony is expert opinion. See Fla. R. Civ. P. 1.390(a)(defining expert witness, including one possessing special knowledge or skill about the subject upon which called to testify); section 90.702, Fla....
506 So. 2d 467, 12 Fla. L. Weekly 1125
District Court of Appeal of Florida | Filed: Apr 30, 1987 | Docket: 1336431
Cited 6 times | Published
...because it agreed with the prosecutor that appellant is not qualified since he is not licensed in this state as a psychologist. However, it is equally clear that a witness need not have a specific degree or license in order to testify as an expert. Section 90.702, Florida Statutes, specifically provides that a witness may be qualified as an expert "by knowledge, skill, experience, training, or education......
...1978), this Court expressly held that neither a doctorate nor prior experience as an expert witness are essential prerequisites to being qualified as an expert witness. See also Salas v. State, 246 So.2d 621 (Fla. 3d DCA 1971). As pointed out by Professor Ehrhardt: An expert is defined in section 90.702 as a person who is qualified as an expert in a subject matter "by knowledge, skill, experience, training, or education." ......
642 So. 2d 78, 1994 WL 474939
District Court of Appeal of Florida | Filed: Sep 2, 1994 | Docket: 549619
Cited 5 times | Published
...Writing for the majority in Kruse, Judge Anstead undertook an analysis of the admissibility of expert opinion testimony in light of Florida's adoption of the evidence code in 1979. The Kruse court concluded that, in light of the adoption of the evidence code, the standard for admissibility of expert testimony, governed by section 90.702, Florida Statutes, was to be based on a "relevancy standard" replacing the earlier, more restrictive requirement of "general acceptance by the scientific community" previously articulated in Frye v....
81 So. 3d 538, 2012 Fla. App. LEXIS 1947, 2012 WL 413809
District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 333452
Cited 5 times | Published
...Bowling testified that the charges were reasonable. State Farm attempted to refute this evidence with the testimony of Ms. Pacha. On appeal, State Farm argues that the trial court erred in excluding the testimony of Ms. Pacha as State Farm's medical billing and coding expert. We agree. Section 90.702, Florida Statutes (2009), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...
...Pacha's qualifications, it is clear from her deposition that she has specialized knowledge and training to express an opinion on whether the medical bills were properly coded and whether they correspond to the medical records documenting the purported treatment. See § 90.702; Charles Ehrhardt, Florida Evidence § 702.1, at 677-78 (2009 ed.) (noting that definition of expert in section 90.702 "applies not only to persons with scientific or technical knowledge but also to anyone with any specialized knowledge")....
...d the documentation was there to support it." The fact that the coding on some of the medical bills did not match the treatment performed is not something that requires the specialized knowledge of an expert witness to decipher in this case. [5] See § 90.702; see also Dungan v....
553 So. 2d 719, 1989 WL 149573
District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 1258981
Cited 5 times | Published
...tablish that psychological autopsy is accepted in the field of psychiatry as a method of evaluation for use in cases involving suicide and that the trial judge acted within his discretion in admitting this evidence at trial. Sections 90.402; 90.403; 90.702; 90.704, Fla....
...the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible. Section 90.702, Florida Statutes (1987), provides: 90.702 Testimony by experts....
849 So. 2d 279, 2003 WL 1922669
Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 447626
Cited 5 times | Published
...1st DCA 1967) (determining that argument that medical doctor's testimony regarding precise time of death was insufficiently thorough was an issue of weight, not of competency or credibility). These holdings are also consistent with provisions of the Florida Evidence Code, §§ 90.702, .705, Fla. Stat. (2002), which provide as follows concerning the admission of expert opinion testimony: 90.702 Testimony by experts.If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, or...
...atus as an expert."). Indeed, expert testimony is impactful by design as it is permitted only "[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." § 90.702, Fla....
731 So. 2d 118, 1999 WL 235470
District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1733808
Cited 5 times | Published
...scans for post cervical cancer surgical patients, that he is not a surgeon or board certified in surgery or gynecology. In granting defendant's motion to strike and for directed verdict, the trial judge expressly cited Florida Evidence Code sections 90.702 and 90.704, [6] as well as Vallot v....
...Further explaining, he said: "I can't envision an oncologist or any other doctor that's in a field of medicine rendering a prognosis for a course of treatment or a diagnosis first based upon the testimony of his attorney. I therefore strike Singer, find him to be a professional witness; how [sic] under 90.702 and 704, opinion was based solely upon the conversations with his counsel and then later those particular opinions were fortified and supported by the medical records he received." Plaintiff later moved for a new trial supported in part by an affidavit from Dr....
...Singer's testimony in other states besides Florida. [7] *122 . . . "As a matter of law, experts are allowed to testify if their `scientific, technical or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue....' Fla. Stat. § 90.702 (1985)....
...Hence the feeling that some forensic opinions are "bought and paid for" in favor of both plaintiffs and defendants is inevitable. The question thus starkly presented by the trial judge's decision in this case is the extent to which in the exercise of general discretion to admit or exclude evidence under FEC sections 90.702 and 90.704 the judge can police this "traffic" in expert opinions. Looking first to the language of the statutes, we note that section 90.702 provides: "If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, traini...
...If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence." *123 The trial judge's ruling to strike the expert witness can fairly be understood as implying that section 90.702 operates as an exclusionary rule granting the trial judge discretion to bar expert testimony on subjective grounds. Yet, broadly speaking, section 90.702 does not enlarge judicial discretion to exclude evidence so much as it affords a party in litigation the right to present expert opinions if they meet the statutory standard of "assist[ing] the trier of fact in understanding the eviden...
..." [emphasis supplied.] This latter statute does not purport to require that the facts be made known to the expert before he forms an opinion however desirable that may be. In Kruse v. State, 483 So.2d 1383 (Fla. 4th DCA 1986), concerning the admissibility of expert opinion evidence we said: "Section 90.702 contains three requirements: (1) that the opinion evidence be helpful to the trier of fact; (2) that the witness be qualified as an expert; and (3) that the opinion evidence can be applied to evidence offered at trial....
...Similarly in Fridovich v. State, 489 So.2d 143 (Fla. 4th DCA 1986) we reversed a trial judge's decision excluding expert testimony as to the manner of death. Our opinion there appears to suggest that the exclusion of expert testimony that complies with section 90.702 is not within judicial discretion but is instead legal error....
...oes not actually treat gynecological patients. Nor is such an oncologist unqualified merely because his practice is consultative, so long as he continues to maintain his specialization in oncology. And just as important, there is nothing in sections 90.702, 90.704 or 766.102 that bars a medical expert from forming an opinion before he has reviewed records such as the patient's chart....
...s the trial judge too much in resolving the weight to be given such evidence. It would turn the question of many medical experts' qualifications into a trial within a trial. Such a procedure would hardly serve the broad admissibility purposes of FEC section 90.702....
...ts, pathologists, and radiologists,designated to review all cancer cases presented in the hospital. [5] See § 766.102(1), Fla. Stat. (1997). [6] See § 90.101 ("This chapter shall be known and may be cited as the `Florida Evidence Code.'"); and §§ 90.702 and 90.704, Fla....
...care providers." [10] In that case the cancer was discovered in the patient's breast, while in the present case the cancer was discovered in the patient's cervix. We do not regard that difference as either legally or factually important. [11] See §§ 90.702, 90.704 and 766.102....
74 So. 3d 506, 2011 Fla. App. LEXIS 15739, 2011 WL 4577530
District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2352100
Cited 4 times | Published
..."a special knowledge, skill, experience, or training." See § 90.701(2), Fla. Stat. (2008). Otherwise, a witness can only give opinion testimony if the witness is "qualified as an expert by knowledge, skill, experience, training, or education." See § 90.702, Fla....
733 So. 2d 1097, 1999 WL 312250
District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1660031
Cited 4 times | Published
...onable medical certainty." As a threshold for admissibility, expert opinion testimony must be relevant, see section 90.401, Florida Statutes, and must meet the standard generally applied to scientific, technical, or other specialized knowledge under section 90.702, Florida Statutes....
634 So. 2d 305, 1994 WL 107208
District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 1473106
Cited 4 times | Published
...We assume, because we do not have a copy, that the complaint contains the sworn allegations of the Amentes' attorney. Because of the nature of the case, expert testimony will be required in court because the medical testimony will be outside the experience of the jurors. Charles W. Ehrhardt, Florida Evidence § 90.702 (1992 ed.)....
840 So. 2d 423, 2003 WL 1386708
District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 1748261
Cited 4 times | Published
...State, 714 So.2d 368 (Fla. 1998). While the trial court's discretion is not without limits, an expert is generally permitted to testify when his or her specialized knowledge will "assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....
782 So. 2d 452, 2001 WL 256126
District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 456562
Cited 4 times | Published
...The court also found that the experts were not qualified to present opinion testimony on the issue of the relationship between radiation exposure and schizencephaly. The court then entered summary judgment in favor of the defendants. The issue of admissibility of expert testimony is governed by the Florida Evidence Code, section 90.702....
...y knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. Like its federal counterpart, Federal Rule of Evidence 702, [1] section 90.702 does not contain any requirement that there be general acceptance of a newly developed scientific technique or principle in the particular field in which it belongs....
764 So. 2d 770, 2000 WL 966051
District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 470354
Cited 4 times | Published
...See Town of Palm Beach; Fino v. Nodine, 646 So.2d 746 (Fla. 4th DCA 1994). In order to admit expert testimony, the trial court must determine that the expert testimony will assist the trier of fact "in understanding the evidence or in determining a fact in issue." § 90.702, Fla....
668 So. 2d 221, 1996 WL 34001
District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686982
Cited 4 times | Published
...We hold that the lower court erred when it refused to permit Rollie Weese to testify concerning business damages. A witness may testify as an expert if he is qualified to do so by reason of knowledge obtained in his occupation or business. Harvey v. State, 129 Fla. 289, 176 So. 439 (1937); § 90.702, Fla....
503 So. 2d 1288, 12 Fla. L. Weekly 448, 1987 Fla. App. LEXIS 11922
District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1733158
Cited 4 times | Published
...s of chiropractic care and treatment in a particular case, and a particular orthopedic physician may also be possessed of "special knowledge or skill" (Fla.R.Civ.P. 1.390(a)) [or of specialized "knowledge, skill, experience, training, or education" (§ 90.702, Fla....
...granted, 238 So.2d 428 (Fla. 1970); cert. dismissed, 242 So.2d 873 (Fla. 1971); Hawkins v. Schofman, 204 So.2d 336 (Fla.3rd DCA 1967), cert. denied, 211 So.2d 215 (Fla. 1968); Musachia v. Terry, 140 So.2d 605 (Fla. 3rd DCA 1962). [6] Fla.R.Civ.P. 1.390(a); § 90.702, Fla....
575 So. 2d 277, 1991 WL 27157
District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 1444084
Cited 4 times | Published
...Morrow's testimony regarding the value of the body repair was, however, admissible as either lay opinion based on his knowledge of the facts he perceived, or as expert opinion based upon his experience in body repair work. See C. Ehrhardt, Florida Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla....
210 So. 3d 1231
Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 60294194
Cited 4 times | Published
Evidence Code. First, the Legislature amended section 90.702 to mirror Federal Rule of Evidence 702 as follows:
616 So. 2d 1098, 1993 WL 102146
District Court of Appeal of Florida | Filed: Apr 8, 1993 | Docket: 1368122
Cited 4 times | Published
...viction and remand for a new trial. Because the battered woman's syndrome is now generally accepted in the relevant scientific community, we hold that expert testimony relating to the syndrome is henceforth admissible, subject to the requirements of section 90.702, Florida Statutes, without any necessity for a case-by-case determination that the scientific knowledge regarding the syndrome is sufficiently developed to permit a reasonable opinion to be given by an expert....
...Because the record reveals no basis for disallowing this critical testimony, we conclude that the judge's ruling constitutes reversible error. We hold that expert testimony regarding battered woman's syndrome is henceforth admissible, subject to its relevancy and the qualification of the expert in any individual case. See § 90.702, Fla....
...Woman Syndrome, Self-Defense, and Expert Testimony, 39 Mercer L.Rev. 545 (1988); Cynthia L. Coffee, Note, A Trend Emerges: A State Survey on the Admissibility of Expert Testimony Concerning the Battered Woman Syndrome, 25 J.Fam.L. 373 (1986-87). [5] Section 90.702, Florida Statutes, provides: Testimony by experts....
655 So. 2d 1156, 1995 WL 244297
District Court of Appeal of Florida | Filed: Apr 28, 1995 | Docket: 1696740
Cited 4 times | Published
...Using the income approach, he estimated that the value of Marion Auto at a point in time just prior to the alleged breach of the first agreement was $812,000. As Dr. Fishkind was qualified as an expert, the jury could accept or reject his testimony. See § 90.702, Fla....
569 So. 2d 495, 1990 WL 149780
District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 2559267
Cited 3 times | Published
...ked of the investigating officer regarding the effects of cocaine. We conclude that the trial court acted within the bounds of permissible discretion in ruling that the question called for an expert opinion the officer was not qualified to give. See § 90.702, Fla....
481 So. 2d 6, 10 Fla. L. Weekly 2566, 1985 Fla. App. LEXIS 5936
District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1529301
Cited 3 times | Published
...because the jury may infer from such declaration that the court is placing its approval on the opinions of the witness. An expert is a witness who is qualified to express opinions by reason of his knowledge, skill, experience, training or education. § 90.702, Fla....
761 So. 2d 467, 2000 WL 826841
District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 1299975
Cited 3 times | Published
...On the assumption that the defendant will so testify, we think the trial court acted within its discretion in ruling that the expert testimony would be admissible. See State v. Hickson, 630 So.2d 172, 174-75 (Fla.1993); La Villarena, 597 So.2d at 339; § 90.702, Fla....
933 So. 2d 1186, 2006 WL 1686611
District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1712156
Cited 3 times | Published
...expert opinion testimony concerning a new or novel scientific principle is a four-step process. First, the trial judge must determine whether such expert testimony will assist the jury in understanding the evidence or in determining a fact in issue. § 90.702, Fla....
...295, 93 L.Ed.2d 269 (1986), and Stokes v. State, 548 So.2d 188, 195 (Fla. 1989). The third step in the process is for the trial judge to determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue. § 90.702, Fla....
...Because no testimony was given as to the migration rate or the time it would take, this second requirement was never met. Even if we may assume that such evidence existed, Dr. Price was unqualified to testify on the subject, as she herself essentially admitted. Section 90.702, Florida Statutes, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill,...
639 So. 2d 652, 1994 WL 313696
District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 587460
Cited 3 times | Published
...At this stage, however, the affidavits, on their face, are within the permissible range of expert testimony in that they offer aid in understanding the evidence concerning the scope of services provided by the FAMU Health Center and the adequacy of Dr. Holifield's cardiologic care for Roosevelt Gardner. See § 90.702, Fla....
714 So. 2d 657, 1998 WL 429155
District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 1513802
Cited 3 times | Published
...This claim is also meritless. Before a witness may be permitted to submit expert opinion testimony, the trial court must be satisfied that the witness is adequately qualified to express an opinion on the subject about which he has been called to testify. See § 90.702, Fla....
228 So. 3d 97
District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122332
Cited 3 times | Published
whether the expert was qualified for purposes of section 90.702, Florida Statutes, given our reversal on the
261 So. 3d 689
District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8382944
Cited 3 times | Published
strike the experts’ testimony pursuant to section 90.702, Florida Statutes (2015) (the Daubert6 standard)
793 So. 2d 106, 2001 WL 930004
District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1266343
Cited 3 times | Published
...This duality of testimonial purpose presents evidentiary concerns for the trial court. Although we do not find that reversible error occurred in this case, we write to caution attorneys that a failure to distinguish between the witness's two roles can potentially cause problems. Section 90.702, Florida Statutes (1999), permits the introduction of expert testimony where the expert's specialized knowledge will assist the trier of fact in determining a fact in issue....
622 So. 2d 607, 1993 WL 303092
District Court of Appeal of Florida | Filed: Aug 12, 1993 | Docket: 547020
Cited 3 times | Published
...(1991); Charles W. Ehrhardt, Florida Evidence, § 601.1 (1993 Ed.). Interest merely goes to the credibility of the evidence. Id. Expert testimony may be given by a witness qualified as an expert by "knowledge, skill, experience, training, or education." Section 90.702, Fla....
217 So. 3d 200, 2017 Fla. App. LEXIS 5231
District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 4685702
Cited 3 times | Published
articles and failed to satisfy the requirements of section 90.702 of Florida’s Evidence Code and Daubert
642 So. 2d 632, 19 Fla. L. Weekly Fed. D 1941
District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549588
Cited 2 times | Published
...There are two affidavits filed by the defendant's expert. These are opposed by an affidavit of the plaintiff's expert. Neither side took the deposition of the other side's expert. If the defendant's deposition was taken, it has not been filed of record. "An expert is defined in section 90.702[, Florida Statutes,] as a person who is qualified as an expert in a subject matter `by knowledge, skill, experience, training, or education.'" Charles W....
804 So. 2d 390, 2001 WL 1190894
District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1699489
Cited 2 times | Published
...1999), and Elkins v. Syken, 672 So.2d 517 (Fla.1996), proceed on the unchallenged assumption that the amount of the fee received by an expert to testify is both discoverable and admissible evidence, even if the expert's income tax return is not. [8] See § 90.702, Fla....
845 So. 2d 998, 2003 Fla. App. LEXIS 7550, 2003 WL 21203314
District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1432704
Cited 2 times | Published
...e practice of a profession who holds a professional degree from a university or college and has had special professional training and experience, or one possessed of special knowledge or skill about the subject upon which called to testify. Further, section 90.702, Florida Statutes, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill,...
...e a degree in order to qualify as an expert. A person can be qualified to testify as an expert witness if the witness possesses special knowledge, experience or skill in the subject upon which the witness is called to testify. Fla. R. Civ. P. 1.390; § 90.702, Fla....
12 So. 3d 255, 2009 Fla. App. LEXIS 4448, 2009 WL 1272334
District Court of Appeal of Florida | Filed: May 11, 2009 | Docket: 1646912
Cited 2 times | Published
...Based on the foregoing, Dr. Greer could testify that appellant's calm demeanor was consistent with a person undergoing shock. As to the confusion Dr. Greer's testimony might cause, we determine any confusion, if it exists, would not justify exclusion of this testimony. Section 90.702, Florida Statutes (2006), governs the admissibility of expert testimony and provides in pertinent part: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determin...
...is admissible only if it can be applied to evidence at trial. Here, the trial court inexplicably reasoned that Dr. Greer's use of words such as "calm" and "shock" would confuse the jury based on their divergent clinical and lay definitions. Based on section 90.702, the evidence should have been admitted unless it would not assist the trier of fact in understanding the evidence or determining a fact in issue....
671 So. 2d 807, 1996 WL 111761
District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 1248197
Cited 2 times | Published
...United States, 293 F. 1013 (D.C.Cir.1923). The state responds that the psychological evaluation was based on background interviews, records, two clinical interviews, and at least four separate tests and is admissible under the relevancy standard adopted by sections 90.702 and 90.703, Florida Statutes, as well as under Glendening v....
...rsuasive attack. Toro did point out, however, the apparent inconsistency between Flanagan, which held that "profile" evidence is inadmissible because it does not meet the Frye test, and Townsend where, apparently relying on the "relevance" standard (section 90.702, Florida Statutes), the court stated that "if relevant, a medical expert witness may testify as to whether, in the expert's opinion, the behavior of a child is consistent with the behavior of a child who has been sexually abused." Townsend at 958....
...to the Frye test. We also agree with the Hadden dissent that the child abuse syndrome probably would not pass a Frye test. The Tennessee Court of Criminal Appeals, while ruling that child abuse syndrome evidence is inadmissible under its version of section 90.702, Florida Statutes, [5] compiled a list of questions asked within the psychological/psychiatric community regarding the validity of such profile: 1....
...with the admission of the profile evidence could rise to the level of fundamental error. [3] The Toro trial was conducted in April, 1993; the Flanagan opinion was not released until September, 1993. [4] Ramirez established a four-step process under section 90.702 in order to determine the admissibility of a new or novel scientific principle; one such step now requires a Frye analysis. This was not the case when Kruse permitted, under section 90.702, the admission of syndrome evidence relating to child sexual abuse....
825 So. 2d 959, 2002 WL 1307480
District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1312222
Cited 2 times | Published
...dmissible, except as provided by law." Because there is no dispute that the testimony of the state's experts is relevant to some of the issues involved in this prosecution, the expert witness testimony is admissible unless otherwise excluded by law. Section 90.702 provides: "If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as a expert by knowledge, skill, experience, trainin...
698 So. 2d 865, 1997 WL 394892
District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1524329
Cited 2 times | Published
...000, and awarded appellees attorney's fees in the amount of $610,275. The final judgment on attorney's fees is being appealed here, as well as the final judgment on the jury verdict and the rulings on the posttrial motions. Testimony of Grief Expert Section 90.702, Florida Statutes, deals with admissibility of expert testimony: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualifie...
...Coppotelli, an expert, was actively involved in therapy with the Channing family. She did not merely testify about subjects which might have been within the ordinary experience of the jury, she provided specific information in regard to the Channing family. Thus, the expert testimony was admissible under section 90.702 as it was both specialized knowledge and significant information to assist the jury in understanding the evidence and evaluating the issue of damages here....
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
...Fact witnesses and expert witnesses are distinguishable. 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....
635 So. 2d 84, 1994 WL 17259
District Court of Appeal of Florida | Filed: Jan 25, 1994 | Docket: 1352579
Cited 2 times | Published
...[4] 61 Am.Jur.2d Physicians, Surgeons, & Other Healers § 353 (1981). In questioning whether physicians from a different licensed practicing peer group from that provided to the claimant are not qualified to express an opinion as to the reasonableness and necessity of the care furnished, we have not overlooked section 90.702 of the Florida Evidence Code, which broadly states that "a witness [may be] qualified as an expert by knowledge, skill, experience, training, or education," [5] yet we find nothing in section 440.13 evincing any legislative intent to incorporate the provisions of section 90.702....
...We are nevertheless constrained to affirm, based upon this court's prior decision in Alford v. G. Pierce Woods Memorial Hospital , holding that a physician of a different peer group from that of the physician sought to be authorized may be qualified as an expert under section 90.702 to opine that the requested care is not reasonable and necessary....
...In the case at bar, the E/C failed to show that either Dr. Conant or Dr. Arpin was qualified to testify in the area of chiropractic medicine, as neither physician was asked a single question about his or her "knowledge, skill, experience, training, or education" in that field, as is required by section 90.702....
...Nevertheless, claimant did preserve the issue of whether section 440.13 permits a physician, practicing outside the peer group of a physician whose care has been authorized, to testify as an expert on the reasonableness of the furnished care, notwithstanding that such physician may be qualified to testify as an expert under 90.702....
...[3] Although peer is not defined in section 440.13, the term is commonly defined as "a person or thing of the same rank, value, quality, ability, etc." Webster's New World Dictionary 1048 (2d college ed. 1980). [4] The general rule has been modified by statute in Florida. See 766.102(2), Fla. Stat. (1991). [5] Section 90.702, Fla....
630 So. 2d 646, 1994 WL 6401
District Court of Appeal of Florida | Filed: Jan 11, 1994 | Docket: 481335
Cited 2 times | Published
...The next issue involves the testimony of an expert who was allowed to testify as to the extent and progress of the survivors' grief after the death of Mrs. Angrand. Key contends that the testimony was not helpful to the jury and was unfairly prejudicial. Section 90.702, Florida Statutes (1991), states: If scientific, technical, or other specialized knowledge will assist the trier of fact in *650 understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledg...
...He has written or coauthored five books on the subject, as well as numerous articles, and has presented papers to professional groups. He provides training to counselors, therapists, nurses, social workers and physicians. By qualifications, the witness met the definition of expert as set out in section 90.702 and Florida Rule of Civil Procedure 1.390(a)....
...That the witness was qualified to testify as an expert does not end our inquiry, however. The Evidence Code also requires that the specialized knowledge must be such that it "will assist the trier of fact in understanding the evidence or in determining a fact in issue... ." Section 90.702, Fla....
920 So. 2d 769, 2006 WL 335513
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1730740
Cited 2 times | Published
...ny would only serve to mislead and confuse the jury. Following a Frye [2] hearing, the State's motion was denied. We quash the order permitting Dr. Cole to testify because his "informed hypothesis" is irrelevant to any material issue. See Fla. Stat. § 90.702 (an expert's opinion "is admissible only if it can be applied to the evidence at trial"); Stano v....
424 So. 2d 891, 1982 Fla. App. LEXIS 22014
District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 64594513
Cited 2 times | Published
Inc., 385 So.2d 676, 680 (Fla. 3d DCA 1980); § 90.702, Fla.Stat. (1981). The final judgment under review
45 So. 3d 43, 2010 Fla. App. LEXIS 12375, 2010 WL 3269227
District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 2399642
Cited 2 times | Published
...We conclude that the trial court erred in disregarding the testimony of both witnesses. Mr. Artes qualifies as an expert notwithstanding his lack of licensure or professional training. An expert is a person who is qualified in a subject matter "by knowledge, skill, experience, training, or education." § 90.702, Fla....
180 So. 3d 978, 2015 WL 5445655
Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844
Cited 1 times | Published
...to show Hernandez suffered from
brain damage.
Hernandez argues here that the proper test to apply for the admissibility of
qEEG is Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), based on
the Legislature’s 2013 amendment to section 90.702, Florida Statutes....
...the time Mendoza was tried in 1992. Id. at 666. Thus, the relevant time frame for
determining if qEEG met the test for admissibility was the time of trial because the
issue is raised here in a claim of ineffective assistance of trial counsel.
Section 90.702 was amended in 2013 to provide that testimony by an expert
who is qualified by knowledge, skill, experience, training, or education may testify
in the form of opinion if (1) the testimony is based upon sufficient facts or data;
(2) the testimony is the product of reliable principles and methods; and (3) the
witness has applied the principles and methods reliably to the facts of the case.
See § 90.702(1)-(3), Fla....
260 So. 3d 419
District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338741
Cited 1 times | Published
Dow Pharm., Inc., 509 U.S. 579 (1993), and section 90.702, Florida Statutes (2013). The trial court did
272 So. 3d 853
District Court of Appeal of Florida | Filed: May 24, 2019 | Docket: 64715412
Cited 1 times | Published
evidentiary standard for approximately ten months. See § 90.702, Fla. Stat. (2014) (incorporating Daubert standard
220 So. 3d 1133
Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615977
Cited 1 times | Published
skill, experience, training, or education.” § 90.702, Fla. Stat. (1999). There is no requirement that
33 So. 3d 727, 2010 Fla. App. LEXIS 3845, 2010 WL 1076350
District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 335617
Cited 1 times | Published
...State, 654 So.2d 218, 220 (Fla. 1st DCA 1995))); Rozier v. State, 636 So.2d 1386, 1387-88 (Fla. 4th DCA 1994), the trial court ruled that Dr. Larson's testimony would not assist the jury in understanding the evidence or determining a fact in issue. See § 90.702, Fla....
239 So. 3d 615
Supreme Court of Florida | Filed: Mar 22, 2018 | Docket: 6342213
Cited 1 times | Published
specialized knowledge" which informs their testimony. § 90.702, Fla. Stat. (2017). Because of this specialized
248 So. 3d 1261
District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7143522
Cited 1 times | Published
testimony was not pure opinion testimony under section 90.702, Florida Statutes. We have previously noted
641 So. 2d 120, 1994 WL 390784
District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 1152088
Cited 1 times | Published
...Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), broadened the standard for admissibility of scientific opinion based upon the language of rule 702 of the Federal Rules of Evidence, which language is also contained in section 90.702, Florida Statutes (1993)....
575 So. 2d 277, 1991 Fla. App. LEXIS 1692
District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 64656603
Cited 1 times | Published
Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla.Stat. (1989). Because the record contains
974 So. 2d 1144, 2008 WL 372740
District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 2529511
Cited 1 times | Published
...[4] That is not an accurate legal description. To have probative value, the plaintiff's survey must contain an accurate legal description of the property being surveyed. An expert "opinion is admissible only if it can be applied to evidence at trial." § 90.702, Fla....
260 So. 3d 1126
District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395129
Cited 1 times | Published
court erred in, among other things, applying section 90.702, Florida Statutes (2017), and Daubert rather
818 So. 2d 588, 2002 WL 726636
District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1652867
Cited 1 times | Published
...The trial court overruled the objection and admitted the cigar into evidence. A witness may be qualified as an expert based on his or her knowledge, skill, experience, *589 training or education to render an opinion if it will assist the jury in determining a fact in issue. § 90.702, Fla....
District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034256
Published
or otherwise,” if certain requirements are met. § 90.702, Fla. Stat. (2021).
District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127385
Published
but it did not satisfy the requirements of section 90.702, Florida Statutes (2023), which is a codification
District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258606
Published
Inc., 509 U.S. 579 (1993), and codified in section 90.702, Florida Statutes. admissibility of the report
District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60497137
Published
the language of the relevant Daubert statute, section 90.702, Florida Statutes. The only specific factual
District Court of Appeal of Florida | Filed: Sep 27, 2023 | Docket: 66799571
Published
observations are appropriate"). See also § 90.702, Fla. Stat. (2022) ("If scientific, technical
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211760
Published
prevailing professional standard of care. As section 90.702, Florida Statutes (2018), provides:
387 So. 2d 1040, 1980 Fla. App. LEXIS 17576
District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 64578014
Published
the evidence or in determining a fact in issue.” § 90.702, Fla.Stat. (1979). Relevant evidence is that which
District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385580
Published
did not meet the Daubert test as codified in section 90.702, Florida Statutes. Recently, the Third District
District Court of Appeal of Florida | Filed: Oct 26, 2022 | Docket: 65635500
Published
methods reliably to the facts of the case.” § 90.702, Fla. Stat. (2020) (incorporating the standard
420 So. 2d 936, 1982 Fla. App. LEXIS 21527
District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 64592736
Published
discretion by excluding the expert testimony. Section 90.702, Fla.Stat. (1979); Fla.R.Civ.P. 1.390(a). Mr
206 So. 3d 94, 2016 Fla. App. LEXIS 16761
District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63630781
Published
Appellees challenged each expert’s opinions under section 90.702, Florida Statutes, which adopted the Daubert4
District Court of Appeal of Florida | Filed: Nov 8, 2023 | Docket: 68003673
Published
in admitting the testimony under Daubert and section 90.702. As to the other issues raised by appellant
District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8342192
Published
Dow Pharm., Inc., 509 U.S. 579 (1993), and section 90.702, Florida Statutes (2013). The trial court did
District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221308
Published
the evidence or in determining a fact in issue.” § 90.702, Fla. Stat. (2016). Cf. Gyongyosi v. Miller, 80
259 So. 3d 864
District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 64699462
Published
the evidence or in determining a fact in issue." § 90.702, Fla. Stat. (2016). Cf. Gyongyosi v. Miller ,
228 So. 3d 531, 2017 WL 4985514
Supreme Court of Florida | Filed: Nov 2, 2017 | Docket: 6184677
Published
ON USE FOR 601.2 1. Expert witness, See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla
Supreme Court of Florida | Filed: Nov 14, 2024 | Docket: 69374490
Published
constitutes an opinion on such a question of law. See § 90.702, Fla. Stat. (2021) (permitting expert testimony
District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071947
Published
court admitted at trial pursuant to Daubert and section 90.702). 2 On the night of the accident, appellant
District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3067226
Published
admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Daubert)
Supreme Court of Florida | Filed: May 23, 2019 | Docket: 15665581
Published
we note that the decision determined that section 90.702 of the Florida Evidence Code, as amended by
District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68490740
Published
experience or training within the scope of section 90.702.” Charles W. Ehrhardt, 1 Fla. Prac., Evidence
District Court of Appeal of Florida | Filed: Mar 31, 2021 | Docket: 59780282
Published
and there were no references to Daubert or section 90.702, Florida Statutes, at trial). 1Daubert v.
652 So. 2d 1213, 1995 WL 134208
District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 475904
Published
...ome to the jury. [2] We agree that the trial court properly exercised its discretion by concluding that Wilson's experience was insufficient to enable her to "assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....
District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759013
Published
experience, training, or education in a subject matter. § 90.702, Fla. Stat. (2017). The state concedes that
District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759007
Published
existence and cause of an opening in the roof. Section 90.702, Florida Statutes (2017), which codifies the
District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127630
Published
on attorney’s fees, as the plain language of section 90.702, Florida Statutes (2019), does not offer any
District Court of Appeal of Florida | Filed: Mar 11, 2016 | Docket: 3044938
Published
admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Daubert)
249 So. 3d 1287
District Court of Appeal of Florida | Filed: Jun 22, 2018 | Docket: 7254058
Published
509 U.S. 579 (1993), which was adopted when section 90.702, Florida Statutes, was amended in 2013. Ch
880 So. 2d 768, 2004 WL 1330284
District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 1689331
Published
...We review a trial court's decision to admit or exclude expert testimony under the abuse of discretion standard. Angrand v. Key, 657 So.2d 1146, 1148 (Fla. 1995). The intent of the evidence code is to admit expert testimony if it will assist the jury in determining a fact issue. § 90.702, Fla....
District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 67912835
Published
evidence or in determining a fact in issue.” See § 90.702, Fla. Stat. (2022). Testimony presented by a treating
District Court of Appeal of Florida | Filed: Jul 31, 2019 | Docket: 15992412
Published
testimony did not meet the requirements of section 90.702, Florida Statutes, and Daubert. We agree.
Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913245
Published
admission of expert testimony is governed by section 90.702, Florida Statutes (2014). Among other requirements
District Court of Appeal of Florida | Filed: Jul 28, 2021 | Docket: 60088899
Published
WL 3072936, at *3. Indeed, the plain text of section 90.702, Florida Statutes, provides that experts may
District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073771
Published
Evidence Code, 278 So. 3d 551 (Fla. 2019). See also § 90.702, Fla. Stat. (2020). 3 Originally filed in the
Supreme Court of Florida | Filed: Jul 2, 2020 | Docket: 17317801
Published
would qualify to testify to the results under section 90.702, Florida Statutes”). Likewise, we generally
District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69565196
Published
2015) (“The Daubert[1] test as codified in section 90.702 requires (1) that the testimony be based on
1 So. 3d 1104, 2009 Fla. App. LEXIS 233, 2009 WL 56033
District Court of Appeal of Florida | Filed: Jan 12, 2009 | Docket: 1174147
Published
...We review the trial court's determination of whether a witness may testify as an expert for abuse of discretion. See Doctors Co. v. Dep't of Ins., 940 So.2d 466, 469 (Fla. 1st DCA 2006). Expert testimony may be admitted on an issue if technical or specialized knowledge will assist the jury in determining an issue of fact. § 90.702, Fla. Stat. (2007). A witness must have sufficient knowledge, skill, experience, training, or education regarding the evidence being introduced at trial to testify as an expert. § 90.702....
Supreme Court of Florida | Filed: Feb 29, 2024 | Docket: 68295180
Published
at 551-52 (footnote omitted), we disagree. Section 90.702, Florida Statutes, amended as part of the
District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678204
Published
8 The Daubert standard is codified under section 90.702, Florida Statutes, which provides: If
District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108520
Published
11 qualifications under Daubert or section 90.702 of the Florida Statutes; therefore, the issue
270 So. 3d 371
District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240
Published
as to the property’s value, as required by section 90.702, Florida Statutes. 41 In such circumstances
238 So. 3d 828
District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304704
Published
Proctor’s ammonia testimony violated Daubert or section 90.702, Florida Statutes. Indeed, there are no references
District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632698
Published
were applied “reliably to the facts of the case.” § 90.702, Fla. Stat. His opinions were therefore admissible
District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726925
Published
the admissibility of expert testimony under section 90.702, Florida Statutes (2019), under the abuse of
180 So. 3d 1127
District Court of Appeal of Florida | Filed: Dec 7, 2015 | Docket: 3018839
Published
...respiratory tract infections with
bronchospasm.
But the Legislature has adopted 8 the Daubert standard for the admissibility
of expert testimony. See Giaimo v. Fla. Autosport, Inc., 154 So. 3d 385, 387–88
(Fla. 1st DCA 2014). As amended, section 90.702 provides:
If scientific, technical, or other specialized knowledge
will assist the trier of fact in understanding the evidence
or in determining a fact in issue, a witness qualified as an...
...the form of an opinion
or otherwise, if:
(1) The testimony is based upon sufficient facts or
data;
8
Appellant does not argue that chapter 13-107, section 1, Laws of Florida,
in amending section 90.702, Florida Statutes (2014), effected a change in
procedure that must be adopted by the Florida Supreme Court....
...Prac., Florida Evidence §
702.3 (2014 ed.)).
10
(2) The testimony is the product of reliable
principles and methods; and
(3) The witness has applied the principles and
methods reliably to the facts of the case.
§ 90.702, Fla. Stat. (2014). By amending section 90.702, the Legislature signaled
its intent “to tighten the rules for admissibility of expert testimony,” Perez v....
...a sufficient basis for the
opinion and how that experience is reliably applied to the facts.” (citing Am. Gen.
Life Ins. Co. v. Schoenthal Family, LLC, 555 F.3d 1331 (11th Cir. 2009), and
Primiano v. Cook, 598 F.3d 558 (9th Cir. 2010))). Under section 90.702, as
amended, while the expert’s qualifications may well remain germane, an expert
witness must explain the logic and relevance of the expert opinion.
In the present case, Dr....
...Hillsborough County Fire Rescue,
and then to Tampa Fire Department, Rescue Division 9), as one salient “reliable
principle[]” EMS’s own protocol requiring transport to a hospital in the event an
infant was experiencing respiratory distress. § 90.702(2), Fla....
...Perez, 138 So. 3d at 499.
On the contrary, the record makes clear that Dr. Tulsiak’s testimony was
“the product of reliable principles and methods,” and that those principles and
methods were applied “reliably to the facts of the case.” § 90.702, Fla....
...rt him
for medical care as required by its published protocol.
I do not, however, join the majority opinion’s inapplicable Frye-based
discussion, nor its suggestion in a footnote that a constitutional challenge to the
Daubert standard in § 90.702, Florida Statutes, might have netted a Frye-based
analysis. Neither party argued that the Frye test applied here. And even if they had,
our court’s decisions have correctly required the 2013 modifications to § 90.702 to
be applied to ascertain the admissibility of expert opinion....
District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435181
Published
did not satisfy any of the three prongs of section 90.702 of the Florida Statutes.6 The trial court
266 So. 3d 1201
District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708542
Published
for admissibility required by Florida Statute Section 90.702." During the hearing on the motions in limine
District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455145
Published
for admissibility required by Florida Statute Section 90.702.” During the hearing on the motions in
266 So. 3d 1201
District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708543
Published
for admissibility required by Florida Statute Section 90.702." During the hearing on the motions in limine
District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637658
Published
23 drug. See § 90.702, Fla. Stat. (2021). Specifically, the State sought
District Court of Appeal of Florida | Filed: Dec 19, 2024 | Docket: 69481768
Published
may testify about it in the form of an opinion.” § 90.702, Fla. Stat. (2013). “The proponent of [the] expert
154 So. 3d 301
Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 60294020
Published
investigator must be qualified as an expert under section 90.702, Florida Statutes, to testify regarding the
154 So. 3d 301, 39 Fla. L. Weekly Supp. 774, 2014 Fla. LEXIS 3779, 2014 WL 7212609
Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 2616693
Published
...If the parties have agreed on the need for a social investigation or the
court has determined there is such need, and the parties cannot agree on the
selection, the court shall select and appoint an investigator. The social investigator
must be qualified as an expert under section 90.702, Florida Statutes, to testify
regarding the written study.
(c) Order for Social Investigation....
Florida Attorney General Reports | Filed: Dec 15, 2003 | Docket: 3257660
Published
prevailing party and against the losing party. Section 90.702, Florida Statutes, provides: "If scientific
424 So. 2d 82, 1982 Fla. App. LEXIS 22227
District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64594373
Published
opinion evidence by the arresting officer. See § 90.702, Fla.Stat. (1981). If such evidence were precluded
District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084207
Published
the Florida Legislature codified Daubert in section 90.702 of Florida’s Evidence Code. For an expert
District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240869
Published
because it did not meet the requirements of section 90.702, Florida Statutes (2015), and Daubert. 2 Because
263 So. 3d 103
District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379699
Published
challenging the doctor’s expertise “under . . . section 90.702.” The E/C also objected to the doctor’s reliance
254 So. 3d 617
District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7740514
Published
to give specialized opinion testimony under section 90.702, Florida Statutes, and Daubert v. Merrell Dow
District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199052
Published
2 the Daubert1 test for admissibility under section 90.702 Florida Statutes (2020). The trial
District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199074
Published
3072936, at *4 (Fla. 3d DCA July 21, 2021) (citing § 90.702, Fla. Stat. (2020)). Vega’s Expert specifically
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098981
Published
training, or education to admit him as an expert. See § 90.702, Fla. Stat. (2023); Andres v. State, 254 So. 3d
171 So. 3d 814, 2015 Fla. App. LEXIS 11958, 2015 WL 4747535
District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683563
Published
...charged for the same services. State Farm does not establish any
departure from the essential requirements of law on this point.
State Farm also challenges the county court’s rejection of the actuary’s
affidavit for not meeting the standard required by section 90.702, Florida
Statutes (2014), for testimony by experts....
District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051125
Published
3d 692 (Fla. 2013)). Section 90.702: Expert Opinion Testimony The parties
District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860085
Published
Pharmaceuticals, Inc., 509 U.S. 579 (1993), and section 90.702 of the Florida Statutes, the trial
245 So. 3d 933
District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6374994
Published
including the asserted non-compliance with section 90.702, Florida Statutes (2014), and Daubert v
District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089292
Published
methods reliably to the facts of the case. § 90.702, Fla. Stat. (2017); accord Daubert, 509 U.S. at
District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089293
Published
case. 6 § 90.702, Fla. Stat. (2017); accord Daubert, 509 U.S. at
District Court of Appeal of Florida | Filed: Apr 13, 2022 | Docket: 63232484
Published
methods reliably to the facts of the case. § 90.702, Fla. Stat. (2020).
