Annotations, Discussions, Cases:
Cases Citing Statute 90.706
Total Results: 36
586 So. 2d 1085, 1991 WL 133574
District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454
Cited 28 times | Published
...literature in their opinions when determining the reliability of the particular scientific technique at issue, see Stokes v. State, 548 So.2d 188 (Fla. 1989), the party seeking admission of the scientific technique at the trial stage is precluded by Section 90.706, Florida Statutes, from offering statements from learned treatises as substantive evidence, although such writings may be used during cross-examination of the expert if the expert recognizes the material as authoritative....
946 So. 2d 1032, 2006 WL 3093186
Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136
Cited 25 times | Published
...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)....
...Second, an expert cannot bolster his or her testimony by testifying that a particular treatise supports 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....
...many other experts were consulted? As the Fourth District recognized in Schwarz, the expert's testimony regarding the consultations serves only to bolster his or her opinion on the issue to which the expert is testifying. See 695 So.2d at 455. Under section 90.706, which allows the use of authoritative literature only on cross-examination, it is inappropriate to allow experts on direct examination to bolster their credibility or to supplement their opinions by "testifying that a treatise agrees with their opinion." Schwarz, 695 So.2d at 455; see also Theus v....
...The Fourth District in Schwarz specifically stated: "The precise issue before us is not whether Dr. Burton could testify that other experts in his field agreed with him, but rather whether he could testify that he had consulted other experts in his same field." Schwarz, 695 So.2d at 455. [2] Section 90.706 provides: Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other writing may be used in cross-examination of an exper...
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
...nizing general acceptance by the relevant scientific community of the battered woman syndrome, I am aware that Florida's Evidence Code does not permit judicial notice of scientific literature as a means of substantive proof of an expert opinion, see section 90.706 [7] (restricting the use of such literature to the cross-examination of an expert witness); nevertheless, *781 Florida does permit judicial notice of opinions from other jurisdictions....
...In a state such as Florida that prohibits judicial notice of such evidence directly, as part of a proponent's proof, the opponent of an expert's opinion would be allowed on cross-examination to impeach the opinion by reference to statements going to the general acceptance standard in scientific writings. See Section 90.706, Fla....
407 So. 2d 601
District Court of Appeal of Florida | Filed: Sep 24, 1981 | Docket: 467511
Cited 11 times | Published
...e alone could not have. The sole purpose of the medical book was to supplement the opinion of the doctor which had already been formed and testified to. Therefore, the book was not used for the purposes of "cross-examination" as that term is used in § 90.706....
...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. Stat. (1979). [3] § 90.706, Fla....
695 So. 2d 452, 1997 WL 291597
District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1522070
Cited 10 times | Published
...Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981). Nor are statements in a treatise admissible during the direct examination of an expert, Green v. Goldberg, 630 So.2d 606 (Fla. 4th DCA 1993), although they can be used on cross-examination of an expert. § 90.706, Fla....
510 So. 2d 977, 12 Fla. L. Weekly 1637
District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 1589054
Cited 9 times | Published
...Since the case must be retried we address another incorrect evidentiary ruling which alone, on the facts of this case, would not have been grounds for reversal. *978 Medical treatises cannot be used to bolster the testimony of a physician on direct examination. § 90.706, Fla....
438 So. 2d 138
District Court of Appeal of Florida | Filed: Sep 20, 1983 | Docket: 1445901
Cited 8 times | Published
...Beall, 133 So.2d 477 (Fla. 3d DCA 1961). Second, medical treatises cannot be used to bolster the testimony of a physician on direct examination. See Tallahassee Memorial Regional Medical Center v. Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981); see also § 90.706, Fla....
699 So. 2d 275, 1997 WL 527676
District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 1693979
Cited 8 times | Published
...garding an expert opinion given by a geologist in a negligence action). We further agree with the trial court's conclusion that it erred in permitting defense counsel to bolster Dr. Urbach's testimony by referring to a medical journal article. Under section 90.706, authoritative publications can only be used during the cross examination of an expert and cannot be used to bolster the credibility of an expert or to supplement an opinion of the expert which has already been formed....
835 So. 2d 404, 2003 WL 244877
District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 1643090
Cited 7 times | Published
...Kaufman was questioned as to whether the ACOG bulletins represent the proper standard of care; he replied that "the ... ACOG said, hey, it's safe to do this." Experts cannot, on direct examination, bolster their testimony by testifying that a treatise agrees with their opinion. See § 90.706, Fla....
...Drucker, 546 So.2d 1118 (Fla. 4th DCA 1989); Quarrel v. Minervini, 510 So.2d 977 (Fla. 3d DCA 1987); Tallahassee Mem'l Reg'l Med. Ctr. v. Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981); see also Green v. Goldberg, 630 So.2d 606, 609 (Fla. 4th DCA 1993) (stating that "[u]nder section 90.706, Florida Statutes (1991), authoritative publications can only be used during the cross-examination of an expert and not to bolster the credibility of an expert or to supplement an opinion of the doctor which has already been formed")....
...POLEN, C.J., and TAYLOR, J., concur. NOTES [1] Final Cost Judgments were entered on August 7, 2001, in favor of West Boca Medical Center in the amount of $31,932.30 and on August 14, 2001, in favor of Samuel Kaufman in the amount of $16,030.00. [2] Section 90.706 provides in part: Authoritativeness of literature for use in cross-examination.Statements of facts or opinions on a subject of science, art or specialized knowledge contained in a published treatise, periodical, book, dissertation, p...
727 So. 2d 1033, 1999 WL 76059
District Court of Appeal of Florida | Filed: Feb 18, 1999 | Docket: 1438280
Cited 7 times | Published
...tly ruled that Dr. Fravel could use the article for cross-examination only if the expert was familiar with it. The trial court has the discretion to find a writing authoritative despite an expert's failure to recognize the writing or the author. See § 90.706, Fla....
861 So. 2d 53, 2003 WL 22083286
District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 462990
Cited 6 times | Published
...During Sherman's case in chief the plaintiff was permitted to introduce the ACAS report into evidence through one of the plaintiff's experts. The defense objected on grounds that the admission of this report impermissibly bolstered the credibility of the plaintiff's expert opinions and was otherwise violative of section 90.706 of the Florida Evidence Code. See § 90.706, Fla....
...After the denial of post-trial motions, Dr. Donshik instituted this appeal. Dr. Donshik argues, and we agree, that the trial court abused its discretion when it permitted the introduction of the ACAS report as part of the plaintiff's case in chief in violation of section 90.706 of Florida's Evidence Code....
...ng to be authoritative, or, notwithstanding nonrecognition by the expert witness, if the trial court finds the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative and relevant to the subject matter. Section 90.706 does not permit statements in a learned treatise to be used as substantive evidence since the treatise would be hearsay if offered as substantive evidence....
...5th DCA 1997) (holding that it was error to permit defense counsel to question medical expert during direct examination about a medical journal article and for expert to read portions of that article into evidence); Green v. Goldberg, 630 So.2d 606, 609 (Fla. 4th DCA 1993) ("Under section 90.706, ......
...direct examination."); Medina v. Variety Children's Hosp., 438 So.2d 138, 139 (Fla. 3d DCA 1983) (same). See also Tallahassee Mem'l Reg'l Med. Ctr. v. Mitchell, 407 So.2d 601, 602 (Fla. 1st DCA 1981) (holding that a publication cannot be used under section 90.706 to "supplement the opinion of the doctor which had already been formed and testified to.")....
546 So. 2d 1118, 1989 WL 73853
District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 1443151
Cited 6 times | Published
...In our view, the trial court erred in permitting plaintiff's attorney to read textual material from a medical treatise to the plaintiff's expert witness, and in permitting the expert witness to bolster his own opinion testimony by using the medical treatise during his direct examination. It is clear that section 90.706, Florida Statutes (1987), permits introduction of a medical treatise only in cross examination of an expert witness....
23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853
District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1180414
Cited 5 times | Published
...these cases actually support the position of this dissent, and *155 the majority opinion has been "hoist on its own petard." Significantly, no rule of evidence permits the admission of Internet information as evidence, absent a party's stipulation. Section 90.706, Florida Statutes (2007), the evidence rule that is most analogous to Internet information as evidence, prohibits the use of a learned treatise as substantive evidence. See Green v. Goldberg, 630 So.2d 606 (Fla. 4th DCA 1993). This rule was applied in Green, a medical malpractice case, wherein the court opined by a statement applicable here as follows: Under section 90.706, Florida Statutes (1991), authoritative publications can only be used during the cross-examination of an expert and not to bolster the credibility of an expert or to supplement an opinion of the doctor which has already been formed. Chorzelewski v. Drucker, 546 So.2d 1118 (Fla. 4th DCA 1989); Tallahassee Memorial Regional Medical Center v. Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981). Section 90.706 does not allow statements in a learned treatise to be used as substantive evidence since the treatise is hearsay if it is offered as substantive evidence. Green, 630 So.2d at 609. (emphasis added). Because there is no evidence rule that specifically authorizes substantive use of Internet information, and section 90.706 prohibits the use of a learned treatise as substantive evidence, I am perplexed why the majority opinion advances what appears, at least by implication, to be a defense of the inadmissible use of Internet information as substantive evidence. In opposition to the clear precedential relevance of Green and section 90.706, the majority opinion relies upon a factually unrelated case, Weeks, 977 So.2d at 616....
...ial basis for the majority opinion, as the information alluded to from the Internet citation could not have been admitted without a stipulation of the parties, or else the phrase "undisputed facts" would not have appeared in the opinion. See Green ; § 90.706, Fla....
655 So. 2d 170, 1995 WL 296288
District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 1696856
Cited 5 times | Published
...n. At trial, the defendants attempted to use treatises and articles on the subject of asbestos exposure, including an article in the New England Journal of Medicine, to cross-examine the plaintiffs' pathology expert, Dr. Gerrit Schepers, pursuant to Section 90.706, Florida Statutes (1993)....
...with jury instructions and a verdict form that permits the jury to apportion liability among all alleged tortfeasors. W.R. Grace & Co. Conn. v. Dougherty, 636 So.2d 746, 747-48 (Fla. 2d DCA 1994). Reversed and remanded for a new trial. NOTES [1] Section 90.706, Florida Statutes (1993), provides as follows: Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other writing may be...
522 So. 2d 533, 1988 WL 26260
District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 1660911
Cited 3 times | Published
...It is settled by statute, case law, and treatises, that statements contained in medical literature cannot be used to cross-examine a witness unless the literature is established to be a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. § 90.706, Fla....
...Ochsner Clinic, 608 F.2d 1040 (5th Cir.1979); Tallahassee Memorial Regional Medical Center v. Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981); see also Medina v. Variety Children's Hosp., 438 So.2d 138 (Fla. 3d DCA 1983); M. Graham, Handbook of Fla. Evidence, § 90.706 (1987); Annotation: Use of Medical or Other Treatise In Cross-Examination of Expert Witness, 60 A.L.R.2d 77 (1958)....
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
(even assuming its authenticity). Although section 90.706, Florida Statutes (2014), permits statements
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
opinions expressed in treatises authored by others. § 90.706, Fla. Stat.; Linn v. Fossum, 946 So
496 So. 2d 215, 11 Fla. L. Weekly 2225
District Court of Appeal of Florida | Filed: Oct 21, 1986 | Docket: 428564
Cited 2 times | Published
...The Bakers urge the survey should have been admitted on any one of three theories. First, they contend the survey is a self-authenticating document within the purview of Section 90.902, Florida Statutes. Second, they contend the survey constitutes material relied upon by an expert witness and so is admissible pursuant to Section 90.706, Florida Statutes....
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
...See, e.g., id. at 1036; Erwin v. Todd, 699 So.2d 275, 278 (Fla. 5th DCA 1997); Medina v. Variety Children's Hosp., 438 So.2d 138, 139 (Fla. 3d DCA 1983); Tallahassee Mem'l Reg'l Med. Ctr. v. Mitchell, 407 So.2d 601, 602 (Fla. 1st DCA 1981); see also § 90.706, Fla....
...Dep't of Ins., 940 So.2d 466, 470 (Fla. 1st DCA 2006). "Experts cannot, on direct examination, bolster their testimony by testifying that a treatise agrees with their opinion." Liberatore v. Kaufman, 835 So.2d 404, 407 (Fla. 4th DCA 2003). And "[s]ection 90.706 does not permit statements in a learned treatise to be used as substantive evidence since the treatise would be hearsay if offered as substantive evidence." Donshik v....
704 So. 2d 1083
District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1706046
Cited 2 times | Published
...th medical literature that the experts did not deem authoritative. In addition, the trial court expressly refused to find that the literature was authoritative. The appellees did not try to offer other evidence of the literature's authoritativeness. Section 90.706, Florida Statutes (1993), provides: Statements of facts or opinions on a subject of science ......
9 So. 3d 50, 2009 Fla. App. LEXIS 2276, 2009 WL 722049
District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 1231851
Cited 1 times | Published
...Plunkett was exacerbated by inadmissible hearsay as to the opinions of NAME and Dr. Chase. He claims counsel was ineffective for failing to object. Caban is correct that an expert may not comment on the credibility of other witnesses and that this was improper impeachment. See e.g., § 90.706, Fla....
553 So. 2d 1185, 1988 WL 86349
District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 1675668
Cited 1 times | Published
...t regarding the minimum size of the vaginal opening necessary for the occurrence of adult intercourse is inconsistent with any testimony to the contrary by Dr. Montes, her opinions in that regard could be impeached by the use of such literature. See § 90.706, Fla....
228 So. 3d 115
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145382
Cited 1 times | Published
with authoritative publications derives from section 90.706, Florida Statutes (2015), which allows the
630 So. 2d 606, 1993 WL 517231
District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 418869
Published
...In plaintiff's case, plaintiff read parts of the depositions of defendant's witnesses and attempted to introduce testimony concerning the standard of care as set forth in the American College of Obstetricians and Gynecologists (ACOG) bulletin. Under section 90.706, Florida Statutes (1991), authoritative publications can only be used during the cross-examination of an expert and not to bolster the credibility of an expert or to supplement an opinion of the doctor which has already been formed. Chorzelewski v. Drucker, 546 So.2d 1118 (Fla. 4th DCA 1989); Tallahassee Memorial Regional Medical Center v. Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981). Section 90.706 does not allow statements in a learned treatise to be used as substantive evidence since the treatise is hearsay if it is offered as substantive evidence....
District Court of Appeal of Florida | Filed: Feb 2, 2022 | Docket: 62646363
Published
they had attempted to make cigarettes safer. Section 90.706, Florida Statutes (2019) provides: Statements
704 So. 2d 1083, 1997 Fla. App. LEXIS 14498
District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 64778423
Published
evidence of the literature’s authoritativeness. Section 90.706, Florida Statutes (1993), provides: Statements
