Annotations, Discussions, Cases:
Cases Citing Statute 90.704
Total Results: 99
668 So. 2d 954, 1996 WL 2056
Supreme Court of Florida | Filed: Jan 4, 1996 | Docket: 1686964
Cited 247 times | Published
...ar showing of error. 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....
723 So. 2d 148, 1998 WL 574303
Supreme Court of Florida | Filed: Sep 10, 1998 | Docket: 2527467
Cited 76 times | Published
...say. We do not agree. We find that the trial court did not abuse its discretion in allowing Dr. Floro to express his opinion as to the identification of the body and that Dr. Floro's reliance on Coon's antemortem dental records was permissible under section 90.704, Florida Statutes (1995)....
...evant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." [14] § 394.467, Fla. Stat. (1987). [15] Section 90.704, Florida Statutes (1995), provides: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
674 So. 2d 96, 1996 WL 73786
Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 380084
Cited 73 times | Published
...r showing of error. 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....
574 So. 2d 108, 1991 WL 6553
Supreme Court of Florida | Filed: Jan 15, 1991 | Docket: 1436672
Cited 45 times | Published
...Krop would have testified that Robinson told him that he had been intoxicated during the incident. As an expert witness who examines and tests a patient or a subject, Dr. Krop obviously could testify to what Robinson told him as a factor contributing to his diagnosis and opinion. § 90.704, Fla....
931 So. 2d 857, 2006 WL 1096646
Supreme Court of Florida | Filed: Apr 27, 2006 | Docket: 1522267
Cited 40 times | Published
...State, 542 So.2d 352, 355 (Fla.1989), that the determination of a witness's qualifications to express an expert opinion is peculiarly within the discretion of the trial judge, and the trial judge's decision will not be reversed absent a clear showing of error. Section 90.704, Florida Statutes (2000), provides that 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....
...This case is similar to the situation we addressed in Capehart v. State, 583 So.2d 1009 (Fla.1991). In Capehart, the defendant objected to a medical examiner testifying at trial regarding the cause of death and the condition of the victim's body. However, this Court held that under section 90.704, a medical examiner may testify relying on facts or data not in evidence because such information was of a type reasonably relied upon by experts in the subject....
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....
586 So. 2d 1085, 1991 WL 133574
District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454
Cited 28 times | Published
...The proponent of the evidence must demonstrate that the underlying principles and techniques on which the expert's opinion testimony is grounded are reliable. See State v. Rimmasch, 775 P.2d 388, 398 (Utah 1989). This approach appears to be altogether consistent with Section 90.704, Florida Statutes (1985), permitting an expert to give an opinion based upon facts or data "of a type reasonably relied upon by experts in the subject to support the opinions expressed." [26] But see People v....
583 So. 2d 1009
Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 1284151
Cited 28 times | Published
...ath and the condition of the victim's body because she did not perform the autopsy, nor was the autopsy report admitted into evidence. [6] Capehart argues that under those circumstances, the state failed to lay a proper foundation for her testimony. Section 90.704, Florida Statutes (1987), provides that an expert may rely on facts or data not in evidence in forming an opinion if those facts are of "a type reasonably relied upon by experts in the subject to support the opinion expressed." The record reveals that the state properly qualified Dr....
832 So. 2d 850, 2002 WL 31557194
District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1700037
Cited 27 times | Published
...Allen demonstrated how he obtained the skid mark length from the measurements and marks on the sketch. He explained that to formulate his opinion he often relies on what other troopers tell him. *861 Corporal Allen's testimony and reconstruction sketch were properly admitted into evidence pursuant to section 90.704, Florida Statutes (2001) Florida courts have admitted expert opinions of accident reconstruction experts to evaluate factors in traffic accidents....
...e speed of a vehicle and force of impact. Whether that issue can be the subject of expert testimony is not controversial." Bryant, 739 So.2d at 713 (Klein, J., concurring). The trial judge's handling of Allen's testimony is a textbook example of how section 90.704, Florida Statutes (2001) is intended to operate....
...f the accident site, two visits to the site, pictures of the site and a homicide report, among others." Id. The appellant in Sikes objected because the opinion was "based on information either not in evidence or that was inadmissible." Id. Citing to section 90.704, the first district rejected this argument, because the sources of information identified above on which the expert based his opinion were "the types of information [upon which] such an expert would normally rely." Id. Carratelli's reliance on Riggins v. Mariner Boat Works, Inc., 545 So.2d 430 (Fla. 2d DCA 1989) is misplaced. The essence of Riggins is that section 90.704 "does not `typically permit an expert to render an opinion exclusively upon inadmissible facts or data.'" Maklakiewicz v....
...based upon an inadmissible laboratory report, that opinion is usually buttressed by additional facts which are in evidence or by an examination of a patient whom the jury has also observed." 545 So.2d at 432. An example of improper bolstering under section 90.704 occurs when an accident reconstruction expert testifies to point of impact based only on the hearsay statements of bystanders who do not testify at trial....
...ictim's body." Id. at 1012. Although there was no objection to the new medical examiner's qualifications as an expert, the defendant argued that there was not a "proper foundation" for her testimony. Id. The supreme court in Capehart held that under section 90.704, there was a proper predicate for the medical examiner's testimony, even though she relied on facts or data not in evidence, because such information was of "`a type reasonably relied upon by experts in the subject to support the opinion expressed.'" Id. (quoting § 90.704, Fla....
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
...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. Section 90.704, Florida Statutes (2005), further provides guidelines for the data upon which an expert may rely to reach an opinion or conclusion: "If the facts or data are of a type reasonably relied upon by experts in the subject to support the opi...
...argument need not be addressed but that the argument should be rejected because it was unpreserved. On the merits, I disagree with the per curiam opinion's conclusion that the trial court erred in admitting Dr. Vega's testimony. Pursuant to sections 90.704-.705, Florida Statutes (2005), Dr....
...Vega's testimony and inquire as to the basis supporting his opinion, he could have done so through cross-examination, section 90.705(1), or voir dire examination, section 90.705(2). See also Jackson, 648 So.2d at 91. However, Smith failed to challenge Dr. Vega's testimony under either procedure. Since sections 90.704-.705 permit expert opinion without disclosure of the facts or data upon which the opinion is based, the trial court could not have abused its discretion in admitting Dr....
946 So. 2d 1032, 2006 WL 3093186
Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136
Cited 25 times | Published
...cross-examination. We emphasize that our opinion today in no way precludes experts from relying on facts or data that are not independently admissible in evidence "[i]f the facts or data are a type reasonably relied upon by experts in the subject." § 90.704, Fla....
...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. Unlike lay witnesses, experts can rely on "facts or data" not admissible in evidence in forming their opinions. § 90.704, Fla. Stat. (2005). However, there are important limits to this general rule. First, the facts or data must be "of a type reasonably relied upon by experts in the subject to support the opinion expressed." § 90.704....
...rts an opinion. See Liberatore v. Kaufman, 835 So.2d 404, 407 (Fla. 4th DCA 2003), and the cases cited therein. But literature that the expert or trial court recognizes as authoritative can be used in cross-examination. See § 90.706, Fla. Stat. [2] Section 90.704, which was modeled after Federal Rule of Evidence 703, [3] significantly *1037 expanded the facts or data on which experts could rely in forming their opinions on an issue for trial. Before the adoption of section 90.704, with limited exceptions, an expert's opinion was admissible at trial only if it was based on the facts in evidence or on facts personally known by the expert. See Cirack v. State, 201 So.2d 706, 709 (Fla.1967) ("The rules relating to opinion evidence likewise require that the opinion of an expert be based on facts in evidence, or within his knowledge."). Initially, we note that by its plain terms section 90.704 is restricted to "facts or data reasonably relied on" by experts....
...3d DCA 1985), the expert psychiatrist relied on a CAT scan report that contained the opinion of the radiologist who read the test. Unquestionably, CAT scan reports are the type of "facts or data" reasonably relied on by doctors. [4] However, assuming, as did the district courts in Linn and Schwarz, that section 90.704 allows an expert to testify even if his or her opinion is based in part on consultations with other experts, Florida courts have routinely recognized that an expert's testimony "may not merely be *1038 used as a conduit for the introduction of the otherwise inadmissible evidence." Erwin v....
...3d DCA 1998) (concluding that by offering an expert's testimony regarding the expert's conversation with an author of a treatise, the defendant sought to use the expert's testimony to introduce inadmissible hearsay); Bunyak v. Clyde J. Yancey & Sons Dairy, Inc., 438 So.2d 891, 893 (Fla. 2d DCA 1983) (concluding that section 90.704 "does not permit an expert witness in one field to testify as to the expert opinion given to him by another expert" because "such testimony is inadmissible hearsay")....
...The majority does not explain how a physician learns of the standard of care other than as set forth by the Oregon Supreme Court. Importantly, the majority does not explain how the standard of medical care can be proven under its decision. This conclusion is consistent with the Florida Evidence Code. Section 90.704, Florida Statutes (2005), states: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. 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. Soon after the adoption of section 90.704, the Third District Court of Appeal correctly observed that the very purpose of the statute was "to bring the judicial practice into line with the practice of the experts themselves when not in court." Bender v. State, 472 So.2d 1370, 1372 (Fla. 3d DCA 1985) (quoting § 90.704, Fla. Stat. Ann. (1979) (Law Revision Council Note 1976)). The majority, without citing to any authority, asserts in its opinion that "by its plain terms section 90.704 is restricted to `facts or data reasonably relied on' by experts....
429 So. 2d 1216
District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487
Cited 25 times | Published
...pinion," a direction that we think was correct as part of an effort to place the testimony into proper perspective. Appellant argues unpersuasively that the expert's testimony was based on information either not in evidence or that was inadmissible. Section 90.704, Florida Statutes, states: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, him at or before the trial....
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
...The witness replied in the affirmative. Defense counsel did not object to this last question but instead moved for a mistrial, which the court denied. Smith claims that this hypothetical question was erroneous and the trial court erred by not granting his motion for a mistrial. Section 90.704, Florida Statutes (2007), permits an expert to base an opinion on inadmissible facts or data made known to the expert outside the courtroom....
808 So. 2d 92, 2001 WL 1585324
Supreme Court of Florida | Filed: Dec 13, 2001 | Docket: 1474375
Cited 24 times | Published
..."Admission of evidence is within the discretion of the trial court and will not be reversed unless there has been a clear abuse of that discretion." Ray v. State, 755 So.2d 604, 610 (Fla.2000) (citing Alston v. State, 723 So.2d 148 (Fla.1998)). Evidence Code section 90.704, Florida Statutes (2001), provides: "The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before trial....
718 So. 2d 806, 1997 WL 227452
District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 466461
Cited 19 times | Published
...Further, the proponent must establish that the facts or data on which the expert relied in forming the opinion expressed by the computer animation are of a type reasonably relied upon by experts in the subject area. The facts or data need not themselves be admissible in evidence. § 90.704, Fla....
854 So. 2d 709, 2003 WL 21946444
District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1747436
Cited 19 times | Published
...The State also notes that experts are permitted to base their opinions or inferences on facts or data that may not be admissible into evidence, if the facts or data are of a type reasonably relied upon by experts in the subject to support their opinions. See § 90.704, Fla....
475 So. 2d 994, 10 Fla. L. Weekly 2199
District Court of Appeal of Florida | Filed: Sep 19, 1985 | Docket: 1301861
Cited 18 times | Published
...onal test to show the superiority of the Surgitek product. It was not improper for the witness to consider the report; however, the report itself is hearsay and inadmissible. The court's stated reason for allowing the study to come into evidence was Section 90.704, Florida Statutes, which allows materials contained in printed matters to be used in cross-examination of an expert witness if the expert recognizes the material as authoritative or if the court so finds....
478 So. 2d 885, 10 Fla. L. Weekly 2618
District Court of Appeal of Florida | Filed: Nov 26, 1985 | Docket: 1741520
Cited 18 times | Published
...was insane due to the excessive use of intoxicants. We reject the defendant's argument that the rule stated in Cirack, which admittedly supports this result, has been receded from in Jones v. State, 289 So.2d 725, 728-29 (Fla. 1974), or vitiated by Section 90.704, Florida Statutes (1983)....
472 So. 2d 1370, 10 Fla. L. Weekly 1842
District Court of Appeal of Florida | Filed: Jul 30, 1985 | Docket: 2548698
Cited 18 times | Published
...nce may be those perceived by, or made known to, him at or before the trial. 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." § 90.704, Fla....
...ions formulated in part through reliance upon this data is to be admitted. See, e.g., United States v. Partin, 493 F.2d at 764; United States v. Davila-Nater, 474 F.2d at 282; 3 J. Weinstein & M. Berger, Weinstein's Evidence ¶ 703[01] (1982). Thus, Section 90.704 and the modern cases recognize that the traditional constraints of the hearsay rule do not, in many instances, comport with the reality that expert opinions are based on other than first-hand observation, or matters presented in a trial, and that expert testimony based on "presentation of data to the expert outside of court and other than by his own perception," Law Revision Council Note (1976), 6C Fla. Stat. Ann. § 90.704, at 216 (1979), must be permitted....
545 So. 2d 430, 1989 WL 64533
District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1702839
Cited 16 times | Published
...sample was taken, Mr. Riggins' blood alcohol level was .11%. The chemist rendered this opinion simply by multiplying the results of the inadmissible laboratory report by a standard conversion factor. The trial court permitted this testimony because section 90.704, Florida Statutes (1987), permits an expert to base his opinion upon inadmissible facts or data so long as the "facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed." In this cas...
...The expert opinion only helped the jury to understand the inadmissible document rather than the evidence at trial. Second, even if one argues that the expert opinion helps the jury to understand the police officer's testimony concerning an odor of alcohol, we do not believe that section 90.704, Florida Statutes (1987), should typically permit an expert to render an opinion exclusively upon inadmissible facts or data....
995 So. 2d 207, 2008 WL 2678052
Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1684731
Cited 16 times | Published
...To clarify, he was asked if he was talking about the same wipe on the shirt. Later, he was asked to explain how one stain could include contributions from both men. Experts are allowed to give opinion testimony based on facts that the expert personally observed, even if those facts are not admissible themselves. § 90.704, Fla....
69 So. 3d 235, 2011 WL 320985
Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 2356258
Cited 16 times | Published
...For the last set of documents, the postconviction court allowed the State to project the documents relied upon by Dr. McClaren onto a screen in the courtroom. In forming opinions, experts can rely on information which is not itself admissible, under section 90.704, Florida Statutes (2004), which provides: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
589 So. 2d 373, 1991 WL 231855
District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 1441826
Cited 14 times | Published
...Three sections of the Florida Evidence Code deal with the subject of the admissibility of opinion evidence given by an expert. Section 90.105 states that the trial court shall determine preliminary questions concerning the admissibility of evidence. As to data underlying an expert opinion, Section 90.704 states that the facts or data upon which an expert bases an opinion or inference may be perceived or made known to him at or before trial....
681 So. 2d 310, 1996 WL 587858
District Court of Appeal of Florida | Filed: Oct 15, 1996 | Docket: 1385176
Cited 13 times | Published
...l to the making of a valid study. We find that Russell's counsel objected throughout the expert's testimony because of these and other omissions and deficiencies. Appellants' assertion that Russell's only concern giving rise to an objection based on section 90.704, Florida Statutes, was the count of how many white and black employees were discharged during the time frames at issue appears incorrect....
...upon data or information from other sources, and that such data and information itself need not be admissible in evidence, provided "the facts and data are of a type reasonably relied upon by experts in the subject to support the opinion expressed." § 90.704, Florida Statutes....
...clusion of the expert's written report, Petitioners' Exhibit 35. With respect to the testimony regarding terminations, the hearing officer observed that even if he found it admissible, despite its failure to meet the standard for admissibility under section 90.704, it would have "scant probative value." The appellate courts in this state have long followed the rule that the acceptance or rejection of expert testimony is a matter within the sound discretion of the lower tribunal, and such decision will not be overturned on appeal absent a showing of abuse of discretion....
627 So. 2d 1210, 1993 WL 496042
District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 2450219
Cited 12 times | Published
...al notice. See § 90.202(11), (12), Fla. Stat. (1991). No showing was made that these articles would be the type of data reasonably relied upon by experts on these subjects and no expert witnesses were called to discuss or explain these reports. See § 90.704, Fla....
407 So. 2d 601
District Court of Appeal of Florida | Filed: Sep 24, 1981 | Docket: 467511
Cited 11 times | Published
...NOTES [1] The Fund had cross-examined some of plaintiff's witnesses, had conducted separate voir dire examination during jury selection, and generally participated separately in the trial. Appellee has not contested the Fund's right to actively participate in the trial. [2] § 90.704, Fla....
438 So. 2d 891
District Court of Appeal of Florida | Filed: Sep 16, 1983 | Docket: 1247949
Cited 11 times | Published
...e did flow from the lagoon onto appellants' property. Moving to a consideration of the issues dispositive of this appeal, we find that the trial court erred in permitting the hydrologist to testify regarding an expert opinion given by the geologist. Section 90.704, Florida Statutes (1981), states: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, him at or before the trial....
656 So. 2d 921, 1995 WL 298925
Supreme Court of Florida | Filed: May 18, 1995 | Docket: 1283563
Cited 11 times | Published
...re the underlying basis for the proffered opinion. For a real property expert's opinion of a reduction of market value to be admissible it must have a basis in facts and data reasonably relied upon by experts in the field of real property valuation, section 90.704, Florida Statutes (1993), and pass the test of section 90.705(2), Florida Statutes (1993)....
695 So. 2d 452, 1997 WL 291597
District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1522070
Cited 10 times | Published
...they discussed the case with other experts in the same field in order to arrive at their opinionis one on which we find no precedent. We do know that experts can rely, in forming their opinions, on information which is not itself admissible, under section 90.704, Florida Statutes (1995), which provides: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
...when rendering an opinion in court, just as they would rely on opinions of, for example, nurses, technicians, other physicians, and hospital records, when they are rendering opinions out of court. Law Revision Council Note (1976), 6C Fla. Stat. Ann. § 90.704, at 216 (1979)....
424 So. 2d 829
District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1297033
Cited 9 times | Published
...denied, 162 So.2d 904 (Fla. 1964). We note again in *837 passing that were the Florida Evidence Code applicable to this case, Officer Martinez' expert opinion would be admissible regardless of the admissibility of the facts underlying that opinion. § 90.704, 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
...xperts on the subject, Bender v. State, 472 So.2d 1370 (Fla. 3d DCA 1985); Sikes v. Seaboard Coast Line R.R., 429 So.2d 1216, 1222 (Fla. *262 1st DCA), review denied, 440 So.2d 353 (Fla. 1983); Gomez v. Couvertier, 409 So.2d 1174 (Fla. 3d DCA 1982); § 90.704, Fla....
652 So. 2d 1208, 1995 WL 132346
District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 476177
Cited 9 times | Published
...arsay: the officer physically inspected the accident scene but testified that he would be unable to render an opinion with finality without relying on the hearsay statements. Hence, his conclusion as an expert was based on the inadmissible evidence. Section 90.704, Florida Statutes (1993), does not "typically permit an expert to render an opinion exclusively upon inadmissible facts or data." Riggins, 545 So.2d at 432....
933 So. 2d 124, 2006 Fla. App. LEXIS 8938, 2006 WL 1541057
District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1308891
Cited 9 times | Published
...conduit for admission of a medical report which would otherwise be inadmissible hearsay. The trial court was persuaded by Wal-Mart's counsel's argument and prohibited any inquiry of either Dr. Hermida or Carlisle concerning Dr. Silverstein's report. Section 90.704, Florida Statutes (2005), provides: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
644 So. 2d 1376, 1994 WL 559630
District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 79015
Cited 8 times | Published
...The jury, however, was not aided by Agent Rocque's testimony. He did not assist them with his specialized knowledge in determining what factually occurred, rather his testimony allowed him to act as a judge and instruct the jury to find Gamble guilty as charged. § 90.704, Fla....
787 So. 2d 955, 2001 Fla. App. LEXIS 8068, 26 Fla. L. Weekly Fed. D 1471
District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1745004
Cited 8 times | Published
...Ramos' office records unless those records were introduced into evidence. The plaintiff contended that without introducing them into evidence, any testimony about those records constituted impermissible hearsay. The trial court properly overruled the hearsay objection. Under section 90.704, Florida Statutes (1999), "Experts may rely upon hearsay in forming their opinions if that kind of hearsay is relied upon during the practice of the experts themselves when not in court." Charles W....
699 So. 2d 275, 1997 WL 527676
District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 1693979
Cited 8 times | Published
...During the trial, plaintiffs' counsel objected to any reference of medical records of other health care providers being introduced through the testimony of defendant's medical expert, Dr. Urbach. Defense counsel argued that Dr. Urbach could testify as to such medical records based on section 90.704, Florida Statutes (1995). Section 90.704 provides: 90.704 Basis of opinion testimony by experts.The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
...And treatment resumed 9/14/94. And there are eleven visits through 3/29/95, and then a four-and-a-half-month gap. And treatment again carried out 8/14/95. And then fifteen visits between that date and 11/25or correction 1/15/96.... (Emphasis added). Under section 90.704, an expert is generally permitted to express opinions which are based, at least in part, upon inadmissible information....
542 So. 2d 412, 1989 WL 33947
District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 1515840
Cited 8 times | Published
...their opinions. As a rule, experts may express opinions drawn from data that itself may not be admissible. Robinson v. Hunter, 506 So.2d 1106 (Fla. 4th DCA), rev. denied, 518 So.2d 1277 (Fla. 1987); Bender v. State, 472 So.2d 1370 (Fla.3d DCA 1985); § 90.704, Fla....
...Therefore, an expert opinion as to whether the health care providers negligently treated the patient under the circumstances must take into account all data, including the report, upon which diagnosis and a course of treatment were predicated. Assuming the hospital records themselves are properly authenticated, neither section 90.704, Florida Statutes, nor the case law contemplates or requires authentication of separate items contained within those reports....
549 So. 2d 1071, 1989 WL 104487
District Court of Appeal of Florida | Filed: Sep 14, 1989 | Docket: 1373533
Cited 7 times | Published
...mate Lewis who was operating the tractor which fell on Williams, on which affidavit the expert relied in formulating his opinion as to how the accident occurred. At the time of trial, Lewis was no longer confined and could not be located to testify. Section 90.704, provides: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, him at or before the trial....
...heir opinions. As a rule, experts may express opinions drawn from data that itself may not be admissible. Robinson v. Hunter, 506 So.2d 1106 (Fla. 4th DCA), rev. denied, 518 So.2d 1277 (Fla. 1987); Bender v. State, 472 So.2d 1370 (Fla. 3d DCA 1985); § 90.704, Fla....
...Before the jury, the state then argued that the defense expert's opinion was based solely on his observations of, and conversations with, the defendant and "was unsupported by any other medical fact or opinion." In reversing the conviction, the court, relying on section 90.704, *1073 held that the hearsay rule poses no obstacle to expert testimony premised in part on tests, records, data or opinions of another, where such information is of a type reasonably relied upon by experts in the field, and that the w...
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
...pinion 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. Section 90.704 further provides that facts or data relied upon by the expert to support the opinion expressed need not be admissible as long as the facts or data are of a type reasonably relied upon by experts in that *596 subject....
940 So. 2d 466, 31 Fla. L. Weekly Fed. D 2341
District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1524102
Cited 6 times | Published
...ations with others in forming an opinion). Additionally, Mr. Schacht's reliance on information provided by Appellant's counsel was not the type of communication "reasonably relied upon by experts in the subject to support the opinion expressed." See § 90.704, Fla....
...been admitted into evidence: the parties' agreement and TDC's 2001 annual statement. The provisions of section 90.705(2), relating to the procedure for discovering the foundation of an expert's opinion, must be considered in connection with those of section 90.704, describing the type of information reasonably relied on by an expert. Section 90.704 states in part that "[t]he facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial." As such, Mr....
787 So. 2d 894, 2001 WL 454675
District Court of Appeal of Florida | Filed: May 2, 2001 | Docket: 1496067
Cited 6 times | Published
...ed explanation of why she disagreed with the expert's conclusion. 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. See § 90.704, Fla....
597 So. 2d 879, 1992 WL 73528
District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 1704577
Cited 6 times | Published
...The facts underlying Dr. Kirkpatrick's opinion were not established. Thus, Dr. Kirkpatrick's testimony was inadmissible. Although an expert is permitted to rely on data on which other experts in the field rely, but which has not been admitted into evidence, § 90.704, Fla....
795 So. 2d 1043, 2001 WL 1093027
District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1252240
Cited 5 times | Published
...Cross-appeal On cross-appeal, the Department and the Guardian Ad Litem argue that the trial court erred in excluding Dr. Lambert's expert testimony. Although we do not need to reach this issue in light of our decision in the main appeal, we feel compelled to address the matter because of the likelihood of recurrence. Section 90.704, Florida Statutes (1998), provides: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
79 So. 3d 755, 2011 Fla. App. LEXIS 18090, 2011 WL 5554531
District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2412998
Cited 5 times | Published
...priate to then try the truth or falsity of the answer on the collateral matter by adducing independent proof through other witnesses. Id. at 804. Here, the plaintiff was attempting to ask Dr. Dildy a type of fact that could bear on his opinion under section 90.704, Florida Statutes (2009)....
671 So. 2d 186, 1996 WL 106372
District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1248138
Cited 5 times | Published
...In addition, the proponent must establish that the facts or data on which the expert relied in forming the opinion expressed by the computer animation are of a type reasonably relied upon by experts in the subject area. The facts or data need not themselves be admissible in evidence. § 90.704, Fla....
917 So. 2d 1015, 2006 WL 20470
District Court of Appeal of Florida | Filed: Jan 5, 2006 | Docket: 447799
Cited 5 times | Published
...ing the E/C's continuing breach of its discovery obligations. Whether the JCC erred in allowing into evidence Dr. Farber's opinion testimony, which was the basis for her order denying the requested attendant care, turns on a proper interpretation of section 90.704, Florida Statutes, and implicates de novo review....
616 So. 2d 1070, 1993 WL 100651
District Court of Appeal of Florida | Filed: Apr 6, 1993 | Docket: 1726846
Cited 5 times | Published
...n his own information, on his own investigation and the information that he has himself been able to acquire independently of [the employee's] information or anybody else, his own alone." The expert's testimony should not have been so limited. Under section 90.704, Florida Statutes (1991), "The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, him at or before the trial....
731 So. 2d 118, 1999 WL 235470
District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1733808
Cited 5 times | Published
...ost 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....
...r 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....
...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." Section 90.704 adds that: "The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
...nions if they meet the statutory standard of "assist[ing] the trier of fact in understanding the evidence or in determining a fact in issue" by testimony from a person "qualified as an expert by knowledge, skill, experience, training, or education." Section 90.704, too, is not actually an exclusionary rule at all but instead merely provides that the facts or data on which that expert bases an opinion " may be ......
...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....
...ts, 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....
...ders." [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....
506 So. 2d 1106, 12 Fla. L. Weekly 1173
District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 1336827
Cited 4 times | Published
...ol; that he regularly relied on such tests; that he considered it an accurate, reliable test; and that he used it in the diagnosis in this case. Based on such predicate, the court permitted the doctor to give his opinion. *1107 Florida Evidence Code § 90.704 specifically permits an expert to base an opinion upon facts or data of a type reasonably relied upon by experts, though the facts or data need not be admissible....
958 So. 2d 973, 2007 WL 1450915
District Court of Appeal of Florida | Filed: May 18, 2007 | Docket: 1414178
Cited 4 times | Published
...ence until the State attempted to introduce it. Masters initially objected to Dr. Shaw's testimony regarding the disciplinary reports, but when the State voir dired Dr. Shaw to establish his reliance on the reports in performing his evaluation under section 90.704, Masters failed to contest this exception to the hearsay rule....
...As the court relied upon all three doctors' testimony about the disciplinary reports, Masters should have objected to each doctor's testimony, not just one. Accordingly, Masters failed to preserve his argument that the court erred in allowing inadmissible hearsay evidence against him. Section 90.704, Florida Statutes Even if Masters had preserved this argument, he ignores the fact that the State sought to admit testimony regarding the disciplinary reports under section 90.704, Florida Statutes....
...Shaw testified that the disciplinary reports were the type of information he relied upon in performing Jimmy Ryce assessments and that the disciplinary reports were relevant to determining whether Masters was likely to reoffend. Even though this testimony was not specific enough to meet the predicate required under section 90.704, Masters failed to further challenge the admission of the disciplinary reports after Dr....
837 So. 2d 1010
District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1527516
Cited 4 times | Published
...imilar from the accident in this case. Even assuming that the video of the crash test was inadmissible in evidence, Marcosky still could have relied on the test to give his opinion that a shield was the answer to the station wagon's design problems. Section 90.704, Florida Statutes (2001), provides that an expert may base his opinion on "facts or data" that are not admissible in evidence, if "the facts or data are of a type reasonably relied upon by experts." See Casa Linda Tile & Marble Installers, Inc....
576 So. 2d 859, 1991 WL 35290
District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1669885
Cited 4 times | Published
...That position is without merit. In the first place, the expert performed part of the work personally. Moreover, even if the expert had relied entirely on his subordinates' data, that would not render the opinion inadmissible so long as the Evidence Code criteria are met. Section 90.704, Florida Statutes (1989), provides: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, him at or before the trial. 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. See also Sponsor's Note to § 90.704, West's Fla....
121 So. 3d 462, 2013 WL 3334954
Supreme Court of Florida | Filed: Jul 8, 2013 | Docket: 60234437
Cited 4 times | Published
discretion in admitting Dr. Butts’ testimony. Section 90.704, Florida Statutes (2009), provides: The facts
210 So. 3d 1231
Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 60294194
Cited 4 times | Published
Laws of Fla. Next, the Legislature amended section 90.704 as follows: The facts or data upon which an
409 So. 2d 1174
District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1525475
Cited 4 times | Published
...The appellant's other contention is that the plaintiff's expert witness, also a *1175 general contractor, was erroneously permitted to rely upon the estimate of his tile subcontractor to establish the cost of repairing defective tile work at the home. This point is without merit. Section 90.704, Fla....
824 So. 2d 1046, 2002 WL 2008171
District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 1435593
Cited 3 times | Published
...consistent with this opinion. At trial, the state sought to have Detective Gerard Fuller of the Fort Lauderdale Police Department's street narcotics unit qualified as an expert witness on "field street narcotics to sell and simple possession" under section 90.704, Florida Statutes....
644 So. 2d 1361, 1994 Fla. App. LEXIS 8865, 1994 WL 501294
District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 1248925
Cited 3 times | Published
...for all persons who might testify. First Union requested that Lampe be allowed to hear the testimony of appellees' expert witnesses so that he could be called as First Union's rebuttal witness after appellees concluded their case. First Union cited section 90.704 of the Florida Evidence Code, which permits an expert witness to base an opinion on facts or data made known to him or her at the trial....
894 So. 2d 974, 2004 WL 2330812
District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1768465
Cited 3 times | Published
...y be those perceived by, or made known to, the expert at or before the trial. 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. § 90.704, Fla. Stat. (2003). The purpose of this section is to enable experts to reach their opinions and explain them in the manner in which they would in their own offices and laboratories. See Charles W. Ehrhardt, Florida Evidence § 704.1 (2004). Section 90.704 enables a party to present an expert opinion that is based in part on a hearsay statement, even if the statement would not be admissible in evidence in its own right....
...ents of the other urologists. They contend that Dr. Weaver-Osterholtz was merely a conduit for the hearsay statements made by the other doctors and that *978 they were deprived of an opportunity to cross-examine any of these doctors. It is true that section 90.704 does not authorize the admission of an opinion that is based exclusively on inadmissible evidence....
...Analysis Appellants argue that because Dr. Weaver-Osterholtz' opinion concerning *982 standard of care was based entirely upon her presentations to several unnamed colleagues, admission of her testimony was clear error. The Linns acknowledge that under section 90.704, Florida Statutes, the facts or data relied upon by an expert need not be admissible in evidence if "the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed." Dr. Fossum urges that under section 90.704, the expert testimony in this case was perfectly admissible, even though the actual statements of Dr. Weaver-Osterholtz' colleagues would have themselves been inadmissible hearsay. Florida law is not consonant with Dr. Fossum's view of section 90.704....
...tnesses, surveys of the accident site, two visits to the site, pictures of the site and a homicide report, among others." Id. at 1222. The trial court overruled an objection that the expert was testifying based on information not in evidence. Citing section 90.704, Florida Statutes, this court found no error in admission of the expert's testimony....
...n accident reconstructionologist should pin his opinion. The expert's opinion in the instant case was founded upon far more than conversations with a purported bystander. Id. at 1223. By quite straightforward analogy, the rule in Sikes is that under section 90.704, an expert may not pin an opinion solely upon inadmissible evidence....
...to render an opinion with finality without relying on the hearsay statements." Id. Accordingly, the Third District found the officer's conclusion as an expert was based on inadmissible evidence and reversed. See id. Other cases confirm that, despite section 90.704, an expert opinion may never be based exclusively upon inadmissible facts or data....
...s v. Mariner Boat Works, Inc., 545 So.2d 430, 432 (Fla. 2d DCA 1989). Nevertheless, the case law "prohibits the use of expert testimony merely to serve as a conduit to place otherwise inadmissible evidence before a jury." Id. As the court concluded, section 90.704, does not "typically permit an expert to render an opinion exclusively upon inadmissible facts or data." Id....
...2d DCA 2000); see also Bunyak v. Clyde J. Yancey & Sons Dairy, Inc., 438 So.2d 891, 893 (Fla. 2d DCA 1983) (holding that expert witnesses are prohibited from relating opinions given to them by other experts). The Fourth District has also delineated the appropriate scope of section 90.704....
...State , the appellant argued that the State's expert forensic pathologist should not have been able to testify that he discussed the case with other pathologists in his field who agreed with him. 695 So.2d 452, 454 (Fla. 4th DCA 1997). The Fourth District drew what becomes the critical distinction here. Under section 90.704, an expert may use various sorts of information when rendering an opinion in court, just as such an expert would do in the normal course of practice, when rendering opinions out of court....
...hen be admissible in a Florida medical malpractice trial, so long as the expert physician testifies that she has reviewed the patients' records. Such represents a radical departure from the conduct of trials in this State. Conclusion I conclude that section 90.704 is a practical rule that allows experts testifying in court to utilize the same sort of information they would utilize in the regular course of their practice....
...Weaver-Osterholtz, in the final estimation, relied only upon the views of others in rendering the ultimate opinion upon standard of care. The other experts were never identified, never subjected to cross-examination and, indeed, their comments were never even memorialized by Dr. Weaver-Osterholtz. Section 90.704 was never intended to be so broad as to encompass the testimony presented in the present case....
497 So. 2d 904, 11 Fla. L. Weekly 2222
District Court of Appeal of Florida | Filed: Oct 15, 1986 | Docket: 1238937
Cited 3 times | Published
...The hearsay rule poses no obstacle to expert testimony premised, in part, upon tests, records, data, or opinions of another, where such information is of a type reasonably relied upon by experts in the field. Bender v. State, 472 So.2d 1370 (Fla. 3d DCA 1985); § 90.704, Fla....
...The depositions do reveal facts that were not a part of the record at the time the experts were called upon to testify, but appellant should have been allowed to question the doctors as to whether they could give an opinion based upon the facts in the record, based upon other information authorized by section 90.704, or based upon any assumed state of facts which the evidence in the record tended to prove, even by inference. Prior to the court's ruling on the motion in limine, appellant's attorney agreed to limit the facts upon which the experts based their opinion. Rather than allowing appellant to do so as dictated by section 90.704, and section 90.705, Florida Statutes (1983), the trial court granted the state's motion to prohibit the testimony....
210 So. 3d 711, 2017 Fla. App. LEXIS 599
District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 4578121
Cited 3 times | Published
support the opinion expressed.” See § 90.704, Fla. Stat. (2014).
493 So. 2d 1067, 11 Fla. L. Weekly 1893, 1986 Fla. App. LEXIS 9569
District Court of Appeal of Florida | Filed: Sep 3, 1986 | Docket: 1671736
Cited 2 times | Published
...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....
967 So. 2d 354, 2007 Fla. App. LEXIS 15916, 2007 WL 2935498
District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1454104
Cited 2 times | Published
...Lambert was allowed to base his testimony on x-ray reports of a pediatric radiologist. "`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.'" Id. at 1048 (quoting § 90.704, Fla....
...In so holding, the Linn court "emphasize[d] that our opinion today in no way precludes experts from relying on facts or data that are not independently admissible in evidence `[i]f the facts or data are a type reasonably relied upon by experts in the subject.'" Id. at 1033 (quoting § 90.704, 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
...Defense objections to this testimony were renewed at the time of the second trial. As to the trial court's concern regarding the sufficiency of Dr. Greer's observations, we would first note that this concern would go as to the weight to be given his testimony rather than its admissibility. Section 90.704, Florida Statutes (2006), governs the use of expert testimony and provides in pertinent part: The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
576 So. 2d 825, 1991 WL 35439
District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 1669936
Cited 2 times | Published
...murder. Dr. Doheny offered this testimony in response to a question asking his expert opinion regarding appellant's blood alcohol level on the night in question. We agree that the trial court erroneously ruled that this testimony was not admissible. Section 90.704, Florida Statutes (1987) provides that: [t]he facts or data upon which an expert bases an opinion or inference may be *832 those perceived by, or made known to, him at or before the trial....
...3d DCA 1985), [t]he hearsay rule poses no obstacle to expert testimony premised, in part, as here, upon tests, records, data, or opinions of another, where such information is of a type reasonably relied upon by experts in the field... . [S]ection 90.704 and the modern cases recognize that the traditional constraints of the hearsay rule do not, in many instances, comport with the reality that expert opinions are based on other than first-hand observation, or matters presented in a trial, and that expert testimony based on "presentation of data to the expert outside of court and other than by his own perception," Law Revision Council Note (1976), 6C Fla. Stat. Ann. § 90.704, at 216 (1979), must be permitted....
825 So. 2d 959, 2002 WL 1307480
District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1312222
Cited 2 times | Published
...4th DCA 1999), the state asserted that "there is nothing new or novel about an expert who possesses the requisite background to do so rendering an opinion as to impairment based on the presence of intoxicants such as alcohol and marijuana," and that "under Section 90.704, the facts or data relied upon by an expert to support an opinion need not be admissible so long as those facts or opinions are of a type reasonably relied upon by experts in that field." Citing State v....
...ch the jury was called upon to determine (i.e., whether, at the time of the accident, Sercey's faculties were impaired by alcoholic beverages, or by marijuana, or by a combination of alcohol and marijuana) does not make their testimony inadmissible. Section 90.704 provides: "The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial....
80 So. 3d 358, 2012 Fla. App. LEXIS 44, 2012 WL 28795
District Court of Appeal of Florida | Filed: Jan 6, 2012 | Docket: 2415441
Cited 2 times | Published
...He testified further that of the "five bad outcomes of pregnancy" the National Institutes of Health ("NIH") found most often associated with UAM, "neurological abnormality" has a 99.9 percent statistical association. An expert can base his or her opinion on facts or data that are not admissible at trial. § 90.704, Fla....
482 So. 2d 450, 11 Fla. L. Weekly 209
District Court of Appeal of Florida | Filed: Jan 14, 1986 | Docket: 1769697
Cited 2 times | Published
...he original X-ray, if an expert is going to testify as to what the X-ray disclosed. Daniels v. Iowa City, 191 Iowa 811, 183 N.W. 415 (1921); Patrick & Tillman v. Matkins, [154 Okla. 232] 7 P.2d 414 (Okl. 1932). However, it should be noted that under § 90.704 the basis of an expert's testimony does not have to be admissible....
5 So. 3d 38, 2009 Fla. App. LEXIS 1269, 2009 WL 383590
District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1663754
Cited 2 times | Published
...Experts may give their opinion on any disputed issue if they possess specialized knowledge that will assist the jury. §§ 90.702-706, Fla. Stat. (2006). Unlike a lay witness, an expert can rely on "facts or data [that] are of a type reasonably relied upon by experts in the subject to support the opinion expressed." § 90.704, Fla....
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
...This involved contacting other persons to gather data on Jeep prices, rather than looking at recognized sources such as Kelley or NADA value books. It is axiomatic that an expert may rely upon hearsay in arriving at an opinion, provided that the hearsay is of the type reasonably relied upon by experts in the field. Section 90.704, Florida Statutes (2009), makes this clear by providing that facts or data upon which an expert bases an opinion need not be admissible in evidence if they are of the type reasonably relied upon by experts in the subject....
175 So. 3d 204
Supreme Court of Florida | Filed: May 7, 2015 | Docket: 2655276
Cited 1 times | Published
...2d 1009, 1012-13 (Fla. 1991). In Capehart, the defendant objected to a
medical examiner testifying at trial regarding the cause of death and the condition
of the victim’s body because that doctor did not perform the autopsy. Id. at 1012.
We held that under section 90.704, Florida Statutes (1987), a medical examiner
may, in his or her expert testimony, rely on facts or data not in evidence because
such information is of a type reasonably relied upon by experts in the field....
904 So. 2d 588, 2005 Fla. App. LEXIS 9208, 2005 WL 1398515
District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1364840
Cited 1 times | Published
...t of the child's problem. The mother argues that the trial court erroneously relied upon a discharge summary report because the report constituted inadmissible hearsay evidence, and that the contents of the summary were unreliable and untrustworthy. Section 90.704, Florida Statutes (2004), provides that: 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....
420 So. 2d 651, 1982 Fla. App. LEXIS 29077
District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 64592663
Published
1978), cert. denied, 367 So.2d 1124 (Fla.1979). § 90.704, Fla. Stat. (1981); Roberts v. State, 164 So.2d
Supreme Court of Florida | Filed: May 23, 2019 | Docket: 15665581
Published
-2- section 90.704 made by section 2 of chapter 2013-107.4 Therefore
431 So. 2d 314, 1983 Fla. App. LEXIS 29065
District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 64596980
Published
PER CURIAM. Affirmed. § 90.704, Fla.Stat. (1979); see Quinn v. Millard, 358 So.2d 1378 (Fla. 3d DCA
975 So. 2d 615, 2008 WL 582542
District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1727275
Published
...There was no evidence of any blood alcohol test, only the victim's testimony about the mixed drinks she consumed at various bars, without any evidence as to the amount of alcohol in any drink. There was thus insufficient data for the proposed opinion. See § 90.704, Fla....
District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068640
Published
for appellee. PER CURIAM. Affirmed. See § 90.704, Fla. Stat. (2021) (“The facts or data upon which
410 So. 2d 956, 1982 Fla. App. LEXIS 19339
District Court of Appeal of Florida | Filed: Mar 1, 1982 | Docket: 64588383
Published
Medcalfe, 162 So.2d 910, 915 (Fla.3d DCA 1964). . § 90.704, Florida Statutes (1979). . 51 A.L.R.2d 1051-1082
District Court of Appeal of Florida | Filed: Jan 5, 2024 | Docket: 68138182
Published
opine about sinkhole activity at the house. See § 90.704, Fla. Stat. (2017) ("The facts or data upon
District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45653657
Published
outweighs their prejudicial effect. Fla. Evid. Code § 90.704 (emphasis added). While an expert may undoubtedly
426 So. 2d 1284, 1983 Fla. App. LEXIS 20700
District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595175
Published
expert opinion testimony was appropriate under Section 90.704, Florida Statutes (1981). See: Dandashi v.
District Court of Appeal of Florida | Filed: Dec 22, 2022 | Docket: 68034889
Published
formulate their own opinions, pursuant to section 90.704, Florida Statutes (2021), here the witnesses
District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199074
Published
before the trial” in order to form his opinions. § 90.704, Fla. Stat. (2020).
