90.703
Opinion on ultimate issue.
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90.703 Opinion on ultimate issue.—Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
Notes of Decisions
Cited in 59
cases (5 in the last 5 years), 1981–2025 · leading case: Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.
Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc. (2018)
“Treating Physicians Testimony given by treating physicians blurs the boundary between fact testimony and expert testimony because treating physicians and expert medical witnesses both possess “scientific, technical, or other specialized knowledge” which informs their testimony.…”
Town of Palm Beach v. Palm Beach County (1984)
“" Petitioners argue that section 90.703, Florida Statutes (1981), permits opinion testimony on an ultimate issue to be decided by the trier of fact.”
Gamble v. State (1994)
“*1378 § 90.703, Fla. Stat. (1991). The jury, however, was not aided by Agent Rocque's testimony.”
Linn v. Fossum (2006)
“" § 90.703, Fla. Stat. (2005). In other words, the evidence code permits an expert to give an opinion on any disputed issue if the expert has specialized knowledge that will assist the trier of fact in resolving that issue.”
Fino v. Nodine (1995)
“Thus in communicating their perceptions, the witnesses themselves did not find it necessary to offer this opinion of unavoidability and only did so when directly asked.”
Martinez v. State (2000)
“Section 90.703, Florida Statutes (1997), which provides that "[t]estimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact," would appear to allow opinion testimony of the…”
Zwinge v. Hettinger (1988)
“Under section 90.703, Florida Statutes *324 (1985) [2] , an expert witness is allowed to testify to an ultimate fact.”
Bloodworth v. State (1987)
“*497 On redirect, the state elicited from Dr. Pollock, over objection, the subject opinion that the victim had engaged in recent nonconsensual intercourse.”
Kruse v. State (1986)
“The North view is also consistent with the provisions of section 90.703 of the evidence code, which provides that expert testimony is not rendered inadmissible merely because it includes an ultimate issue to be decided by the trier of fact.”
Bush v. State (2002)
“§ 90.703, Fla. Stat. (1999) ("Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.”
In Re Estate of Lenahan (1987)
“Section 90.703, Florida Statutes, provides as follows: 90.”
Tetrault v. Fairchild (2001)
“69 (as it might well do) lawyers will suddenly stop taking contingency fee cases such as this one? Section 90.703, Florida Statutes, provides that expert testimony may be received only if it can be applied to evidence at trial.”
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