Florida/Georgia Personal Injury & Workers Compensation

...The trial court did not abuse its discretion in determining that an opinion as to whether the child was sexually abused was within the province of the expert witness. A qualified expert may express an opinion as to whether a child has been the victim of sexual abuse. Sections 90.702 and 90.703, Florida Statutes (1985), deal with admissibility of expert testimony and opinions....

...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. 90.703 Opinion on ultimate issue....

...child's father was the person who committed the sexual offense. An opinion as to the guilt or innocence of an accused is not admissible. See Lambrix v. State, 494 So.2d 1143 (Fla. 1986); Spradley v. State, 442 So.2d 1039 (Fla. 2d DCA 1983). Although section 90.703 would appear to permit such an opinion, such testimony is precluded on the basis of section 90.403....

...State, 494 So.2d 1143, 1148 (Fla. 1986)); Henry v. State, 700 So.2d 797, 798 (Fla. 4th DCA 1997); Zecchino v. State, 691 So.2d 1197, 1198 (Fla. 4th DCA 1997); Spradley v. State, 442 So.2d 1039, 1043 (Fla. 2d DCA 1983); Gibbs v. State, 193 So.2d 460, 463 (Fla. 2d DCA 1967). 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 defendant's guilt....

...he 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....

...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. 90.703 Opinion on ultimate issue....

...In any case, however, when considered in the context of her entire testimony, we believe Dr. Holland's opinions were consistent with those permitted in North and distinguishable from those found objectionable in Farley. 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. [1] The Third District has held that section 90.703 permits an expert to testify in a prosecution for rape that the victim's injuries were consistent with forced sexual intercourse....

...ialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue." The expert's testimony "is not objectionable because it includes [an opinion on] an ultimate issue to be decided by the trier of fact." § 90.703, Fla....

...As a further corollary to the issue of the alleged conflict in the factual evidence presented, the Court must address the propriety of admitting into evidence expert opinion testimony that the benefits conferred upon the municipalities were not "real and substantial." Petitioners argue that section 90.703, Florida Statutes (1981), permits opinion testimony on an ultimate issue to be decided by the trier of fact. See North v. State, 65 So.2d 77; 88 (Era. 1952). We agree. However, section 90.703 does not imply the admissibility of all opinions....

...3d DCA 1958). However, it would have been improper for the expert to assert to the trier of fact that the premises were "negligently constructed." While this is to some degree a matter of semantics, we find the distinction necessary. See Ehrhardt on Evidence, § 90.703 at 451 (West 1977). Otherwise, the trier of fact is being directed to arrive at a conclusion which it should be free to determine independently from the facts presented. We do not think that section 90.703 was intended to be so broad. See e.g., Ehrhardt, § 90.703; Feldman v....

...NOTES [1] 1 Ehrhardt Florida Evidence § 703.1 at 406-407 (2d ed. 1984): In Florida, prior to the adoption of the Code, a witness was allowed to testify to an ultimate fact. For example, a physician was permitted to express his opinion as to the cause of bruises and contusions on the victim's throat. Section 90.703 codifies this principle by providing that opinion testimony is not objectionable solely because it "includes an ultimate issue to be decided by the trier of fact."......

...*497 On redirect, the state elicited from Dr. Pollock, over objection, the subject opinion that the victim had engaged in recent nonconsensual intercourse. We are of the view that the trial court did not err in allowing this opinion testimony. See Section 90.703, Florida Statutes [1] ; Ferradas v....

...subject to the same range of penalties; so also with respect to those in the capital felony class. We have examined the remaining points urged by appellant and find them to be without merit. AFFIRMED. WENTWORTH and WIGGINTON, JJ., concur. NOTES [1] Section 90.703 provides: 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....

...iple or testing procedure is or is not generally accepted within the identified relevant scientific community. The expert may base his or her opinion on personal knowledge and on a review of the literature upon which such experts regularly rely. See § 90.703-704, Fla....

...alleged error resulting from the admission of the experts' testimony was invited by the appellants when their own witness gave his opinions and conclusions on the same subject, prior to the admission of the appellee's experts' opinions. Furthermore, Section 90.703, Florida Statutes (1981) 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." Additionally, it has been h...

...of their business relationship. In determining the relationship of the parties and whether one is an agent, servant or employee or whether he is an independent contractor, testimony by the parties as to the nature of the relationship is admissible. § 90.703, Fla....

...issue of causation. See Carver v. Orange County, 444 So.2d 452 (Fla. 5th DCA 1983). On the other hand, Trooper Triplett's testimony concerning the causation of the second accident by the first accident should have been admitted into evidence. Under section 90.703, Florida Statutes *324 (1985) [2] , an expert witness is allowed to testify to an ultimate fact....

...racy and adequacy, communicate what he has perceived to the trier of fact without testifying in terms of inferences or opinions and his use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and [2] Section 90.703, Florida Statutes (1985) states: Opinion on ultimate issue....

...Bush also asserts that a new trial is warranted because two state expert witnesses improperly gave an opinion as to Bush's guilt. A witness may not provide his or her opinion as to the guilt or innocence of a criminally accused. Martinez v. State, 761 So.2d 1074, 1079 (Fla.2000) (explaining that although section 90.703 permits opinion testimony on an ultimate issue to be decided by the trier of fact, opinion of the defendant's guilt is precluded under section 90.403)....

...The witnesses concluded that Bush's reports were "inconsistent" with the doctors' physical findings. This conclusion was not a stated opinion of Bush's guilt of child abuse or fraud but a medical conclusion as to the comparison of the objective findings with complaints voiced by Bush. § 90.703, Fla....

...awyers who took this kind of case on contingency before the enactment of section 768.69? Are we to believe that if the legislature repeals section 768.69 (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....

...State, 504 So.2d 495 (Fla. 1st DCA 1987); Ferradas v. State, 434 So.2d 24 (Fla. 3d DCA 1983). However, in this case, the prosecutor asked about the victim's actions and whether she acted in any way inconsistently with the way a rape victim would act. Although section 90.703, Florida Statutes (1995), allows opinion testimony on an ultimate issue, the "case law still limits the admissibility of expert opinions on ultimate issues when the testimony's probative value may be substantially outweighed by its prejudicial effect." Hamilton v....

...so-called Williams rule. Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). Concerning the first argument, although the Florida Evidence Code would clearly render ultimate fact opinion admissible, § 90.703, Fla....

...urt 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. In addition, section 90.703 permits the expert to offer an opinion on an ultimate issue to be decided by the jury....

...y, since the gravamen of the criminal charge is the communication via the telephone call itself. However, if an opinion is otherwise admissible, it is not objectionable just "because it includes an ultimate issue to be decided by the trier of fact." § 90.703, Fla....

...on as to whether there was a total disability under a policy because that was the basic question before the trier of fact is the decision of Mutual Ben. Health & Acc. Ass'n. v. Bunting, 133 Fla. 646, 183 So. 321 (1938). Even prior to the adoption of § 90.703 of the Evidence Code, a witness was permitted to testify to an ultimate fact such as total disability....

...osition" stated by the supreme court in Martinez v. State, 761 So.2d 1074, 1079 (Fla.2000), "that a witness's opinion as to the guilt or innocence of the accused is not admissible" in a criminal proceeding. The Martinez court explained that although section 90.703, Florida Statutes (1997)—which provides that opinion testimony regarding "an ultimate issue to be decided by the trier of fact" is not objectionable—"would appear to allow opinion testimony of the defendant's guilt[,] ....

...tions without giving an inference or opinion. § 90.701(1), Fla. Stat. Further, "[t]estimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes the ultimate issue to be decided by the trier of fact." § 90.703, Fla....

...Initially, we note that the admission and scope of such expert testimony rests within the broad discretion of the trial court. See Town of Palm Beach v. Palm Beach County, 460 So.2d 879, 882 (Fla.1984); Hernandez v. Home Depot U.S.A., Inc., 695 So.2d 484, 485 (Fla. 3d DCA 1997). Under section 90.703 of Florida's Evidence Code, a witness is permitted to testify to an ultimate fact in a case. This statute specifically 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." § 90.703, Fla....

...rovince of the jury. Florida law allows an expert witness to testify if specialized knowledge will assist the jury in understanding the evidence or in determining a fact in issue, provided the testimony can be applied to the evidence at trial. *1378 § 90.703, Fla....

...ntities of drugs possessed. In the absence of such testimony the hypothetical question was little more than a review of the facts presented and a query that was the equivalent of whether the defendant was guilty of the crime charged. It is true that section 90.703 of the evidence code provides that opinion testimony is not objectionable solely because it includes an ultimate issue to be decided by the trier of fact....

...lized 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. [2] Section 90.703 further provides that expert 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....

...This was apparently the rule in Florida, even prior to adoption of the Evidence Code. See Sarno, 424 So.2d at 836. In the federal courts, the rule is somewhat different and more limited. Although the Federal Rules of Evidence have a provision similar to section 90.703, [4] they also contain a rule which bars expert opinion in a criminal case "as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged ..." [5] However, even operating und...

...ermining 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. [3] Section 90.703 provides: Opinion on ultimate issue....

...3d DCA 1991), nor knowledge acquired "simply in the course of attempting to make [their] patient well." Frantz v. Golebiewski, 407 So.2d 283, 285 (Fla. 3d DCA 1981). Instead, Ryder sought classic expert opinion testimony that included an ultimate issue to be determined: the permanency of Perez' injuries. See generally section 90.703, Florida Statutes (1997); see also Ehrhardt, Florida Evidence § 703.1 (1998 Edition)....

...It was appropriate for the expert to testify regarding the existence of a benefit but it was for the court to determine whether that benefit was real and substantial under the statute and case law. It appears that the trial court may have been unduly persuaded by the expert testimony in this regard. (We do not overlook Section 90.703, Florida Statutes (1981), in reaching this conclusion.) For these reasons we hold that the findings of the trial court on this issue are not supported by substantial competent evidence....

...to risks faced by the public in general, it is undisputed that Highway 29 was the only access available to enter and exit the employer's premises. Consequently, the expert's testimony was sufficiently linked to the ultimate issue to be decided. See Section 90.703, Florida Statutes (1987)....

...the estate" meaning the property estate is insufficient to pay the taxes, then the marital trust must pay the taxes. Appellant first argues that Grimsley, as an expert witness, should not have been permitted to testify as to the conclusions of law. Section 90.703, Florida Statutes, provides as follows: 90.703 Opinion on ultimate issue....

...es not aid the jury in ascertaining the true facts. See 3-M Corporation — McGhan Medical Reports Division v. Brown, 475 So.2d 994 (Fla. 1st DCA 1985); Town of Palm Beach v. Palm Beach County, 460 So.2d 879 (Fla. 1984) and Ehrhardt, Florida Evidence § 90.703 (2d Ed....

...However, as long as the disputed issue is beyond the ordinary understanding of the trier of fact, such expert testimony is admissible. Johnson v. State, 393 So.2d 1069 (Fla. 1980); Red Carpet Corp. of Panama City Beach v. Calvert Fire Insurance Co., 393 So.2d 1160 (Fla. 1st DCA 1981). Many courts have interpreted Section 90.703 or its equivalent Federal Rule 704 as permitting witnesses to testify as to the substantive law relevant to the case, to draw legal conclusions and to suggest to the trier of fact the proper decision to reach....

...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. Therefore, under Section 90.703, the fact that the expert's testimony may include an ultimate issue to be decided by the trier of fact will not generally render such testimony inadmissible....

...here to being John Carl Mese, as the master mind behind this entire laundering scheme of 1.2 million dollars. Although expert testimony is not objectionable because it includes an opinion on the ultimate issue to be decided by the trier of fact, see section 90.703, Florida Statutes (2000), McFarland went far beyond merely assisting the jury by providing evidence from which they could determine whether Mese laundered money....

...wledge of the jurors. See Bryant v. Buerman, 739 So.2d 710, 712 (Fla. 4th DCA 1999); State Farm Mut. Auto. Ins. Co. v. Penland, 668 So.2d 200, 202 (Fla. 4th DCA 1995). Further, an expert witness may render an opinion on the ultimate issue in a case. Section 90.703, Florida Statutes (2001), provides: 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....

...He used his specialized knowledge to assist the jurors in understanding the extent of the victim's injuries. Dr. Weiner's conclusion was not an opinion of Chesnoff's guilt; rather, it was a medical conclusion as to the severity of D.C.'s injuries. § 90.703, Fla....

...Rather, the psychologist opined only as to whether the victim was "mentally defective" and capable of consent to intercourse. Although the opinions did go to ultimate issues in the case, Florida law expressly provides that an expert witness may render such opinion. Section 90.703, Florida Statutes (2006), provides that "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." Thus, the jury had the power to accept or reject the opinions and was not bound by such....

...denied, ___ U.S. ___, 110 S.Ct. 277, 107 L.Ed.2d 258 (1989); Lawrence v. Florida East Coast Ry., 346 So.2d 1012 (Fla. 1977); Friddle v. Seaboard Coast Line R.R., 306 So.2d 97 (Fla. 1974); Cedars of Lebanon Hosp. Corp. v. Silva, 476 So.2d 696 (Fla. 3d DCA 1985); § 90.703, Fla....

...erican man's life. The jury returned a verdict of guilty on both charges. Defendant argues on appeal that the admission of the evidence as to the propriety of the police procedures and the rebuttal testimony were both prejudicial error. We disagree. Section 90.703, Florida Statutes (2001), 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." The testimony of the polic...

...denied, 457 U.S. 1111, 102 S.Ct. 2916, 73 L.Ed.2d 1322 (1982); Darty v. State, 161 So.2d 864 (Fla. 2d DCA 1964). Thus, the primary issue in this case concerns the admissibility of the expert testimony and sufficiency of the state's evidence. Although section 90.703, Florida Statutes (1995), provides that opinion testimony may be admitted on an ultimate issue, the case law still limits the admissibility of expert opinions on ultimate issues when the testimony's probative value may be substantially outweighed by its prejudicial effect....

...ing the subject on which an expert may testify in a particular trial. The trial court's decision will only be disregarded if that discretion has been abused.") (citations omitted). An expert may render an opinion on the ultimate issue in a case. See § 90.703, Fla....

...Galaxie Homes, Inc., 223 So.2d 108, 111 (Fla. 2d DCA), cert. denied, 229 So.2d 869 (Fla. 1969). The supreme court in Town of Palm Beach explained: While this is to some degree a matter of semantics, we find the distinction necessary. See Ehrhardt on Evidence, § 90.703 at 451 (West 1977). Otherwise, the trier of fact is being directed to arrive at a conclusion which it should be free to determine independently from the facts presented. We do not think that section 90.703 was intended to be so broad. See e.g., Ehrhardt, § 90.703; Feldman v....

.... . . and making their same determination. . . ." That basis alone for exclusion, however, does not fit with the Florida Evidence Code, which provides that expert testimony is admissible even though it reaches a conclusion on an ultimate issue. See § 90.703, Fla....

...rong. In other words, they can render an opinion on that, but they cannot render an opinion that the defendant was legally insane. Florida law, however, expressly provides that an expert witness may render an opinion on the ultimate issue in a case. Section 90.703, Florida Statutes (1999) states: *1047 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....

...ers at issue and the testimony does not outright instruct the trier of fact how to decide the case. See Town of Palm Beach v. Palm Beach County, 460 So.2d 879, 882 (Fla.1984); In re Estate of Lenahan, 511 So.2d 365, 371 (Fla. 1st DCA 1987). See also § 90.703, Fla....

...State, 193 So.2d 460, 463 (Fla. 2d DCA 1967) (lay witness); see also Glendening v. State, 536 So.2d 212, 221 (Fla.1988), cert. denied 492 U.S. 907, 109 S.Ct. 3219, 106 L.Ed.2d 569 (1989) (expert witness). As the supreme court explained in Glendening, "[a]lthough section 90.703 ["Opinion on Ultimate Issue"] would appear to permit such an opinion, such testimony is precluded on the basis of section 90.403 ["Exclusion on Grounds of Prejudice or Confusion"]....

...affect the manner in which expert testimony can be presented on retrial, we find it unnecessary to review and decide each of the asserted errors. We are confident that upon retrial the trial court will be careful to properly apply the provisions of section 90.703, Florida Statutes (1983), that "testimony in the form *1076 of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact," and section 90.704 relating to the basis of the opinion testimony by experts....

...al." There were no objections to the qualification of the state's witnesses as experts in the field of toxicology, nor was there any dispute that their scientific knowledge would assist the jury in understanding the evidence presented in this trial. Section 90.703 provides: "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." The fact that some of the state's experts' opinions involv...

...And the court rejected the opinions of one expert while distinguishing between an industry standard and an industry recommendation, and criticizing the expert as presenting an opinion upon the ultimate issue in the case. *652 In rejecting the opinion of this expert the court acknowledged that section 90.703, Florida Statutes, permits an expert opinion to include an ultimate issue, but the court relied on cases such as 3-M Corp.-McGhan Medical Reports Division v....

...in the determination of what occurred. However, the expert here extensively described the problems which may ensue from a plug-only repair, both in general and upon his examination of these tire repairs. The expert's testimony was permissible under section 90.703, and should not have been rejected by the court upon the appellees' motion for summary judgment....

...t there was anything that Nodine could have done to avoid the accident. 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. Although section 90.703, Florida Statutes (1991), permits opinion testimony on an ultimate issue to be decided by the trier of fact, "section 90.703 does not imply the admissibility of all opinions [on an ultimate issue]....

...limited use in deciding this issue. [2] Although Town of Palm Beach was concerned with the testimony of an expert witness, the court's conclusion is equally applicable to lay witness testimony because the court was giving a direct interpretation of section 90.703, which does not distinguish between expert and lay witnesses....

...The Estate asked numerous questions of its witnesses that went to another ultimate legal issue to be decided—whether Mr. Murray's nursing home residents' rights were violated— but Delta did not object to these questions. In addition, Guy relied on section 90.703, Florida Statutes (1981), which provided 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.'" 431 So.2d at 656 (alteration in original). Guy was decided before Town of Palm Beach, 460 So.2d at 882, in which the supreme court held that "section 90.703 does not imply the admissibility of all opinions. If the witness'[s] conclusion tells the trier of fact how to decide the case [ ] and does not assist it in determining what has occurred, then it is inadmissible." The supreme court held that section 90.703 was not intended to be so broad as to permit an expert to direct the jury to arrive at a conclusion that the jury should be free to independently determine from the facts presented....

...estments offered by the defendant were securities. The term "security" as used in Chapter 517 has a specialized legal meaning and testimony from an expert in the field of securities law would be helpful to a lay person in understanding the term. See § 90.703, Fla. Stat. See generally McMullen v. State, 23 Fla. L. Weekly S207 (Fla. April 9, 1998). Expert opinion testimony is not objectionable merely because it includes an ultimate issue to be decided by the trier of fact. § 90.703, Fla....

where such an opinion is helpful to the jury. § 90.703, Fla. Stat. (2017) (expert witness may give opinion

on ordered refunds. Despite the wording of section 90.-703, Florida Statutes (1985), which allows opinion

admitted opinion testimony in violation of section 90.703, Florida Statutes (1999), however, the objection

witness may testify in form of opinion); see also § 90.703, Fla. Stat. (providing expert testimony in form

skill, experience, or training. Further, as section 90.703 Florida Statutes (1999) provides: Opinion on

consistent with forced sexual intercourse. See § 90.-703, Fla.Stat. (1981) (testimony in form of opinion

McWatters v. State, 36 So.3d 613, 628 (Fla.2010). Section 90.703,. Florida Statutes (2013), provides: “Testimony

442 So.2d 1039 (Fla. 2d DCA 1983). Although section 90.703 would appear to permit such an opinion, such

affirmed only by disregarding the mandate of section 90.703, Florida Statutes (2005), which provides: Opinion

predicate is laid for introduction of the testimony. § 90.703, Fla. Stat. (1993). Accordingly, we reverse as

So.2d 601, 602 (Fla. 2d DCA 1990) (quoting section 90.703, Florida Statutes (1989), which is identical