Florida Statute 90.803 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.803

90.803 Hearsay exceptions; availability of declarant immaterial.—The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness:

(1) SPONTANEOUS STATEMENT.—A spontaneous statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when such statement is made under circumstances that indicate its lack of trustworthiness.

(2) EXCITED UTTERANCE.—A statement or excited utterance relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

(3) THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION.—

(a) A statement of the declarant’s then-existing state of mind, emotion, or physical sensation, including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health, when such evidence is offered to:

1. Prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action.

2. Prove or explain acts of subsequent conduct of the declarant.

(b) However, this subsection does not make admissible:

1. An after-the-fact statement of memory or belief to prove the fact remembered or believed, unless such statement relates to the execution, revocation, identification, or terms of the declarant’s will.

2. A statement made under circumstances that indicate its lack of trustworthiness.

(4) STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.—Statements made for purposes of medical diagnosis or treatment by a person seeking the diagnosis or treatment, or made by an individual who has knowledge of the facts and is legally responsible for the person who is unable to communicate the facts, which statements describe medical history, past or present symptoms, pain, or sensations, or the inceptions or general character of the cause or external source thereof, insofar as reasonably pertinent to diagnosis or treatment.

(5) RECORDED RECOLLECTION.—A memorandum or record concerning a matter about which a witness once had knowledge, but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made by the witness when the matter was fresh in the witness’s memory and to reflect that knowledge correctly. A party may read into evidence a memorandum or record when it is admitted, but no such memorandum or record is admissible as an exhibit unless offered by an adverse party.

(6) RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY.—

(a) A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness. The term “business” as used in this paragraph includes a business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

(b) Evidence in the form of an opinion or diagnosis is inadmissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 if the person whose opinion is recorded were to testify to the opinion directly.

(c) A party intending to offer evidence under paragraph (a) by means of a certification or declaration shall serve reasonable written notice of that intention upon every other party and shall make the evidence available for inspection sufficiently in advance of its offer in evidence to provide to any other party a fair opportunity to challenge the admissibility of the evidence. If the evidence is maintained in a foreign country, the party intending to offer the evidence must provide written notice of that intention at the arraignment or as soon after the arraignment as is practicable or, in a civil case, 60 days before the trial. A motion opposing the admissibility of such evidence must be made by the opposing party and determined by the court before trial. A party’s failure to file such a motion before trial constitutes a waiver of objection to the evidence, but the court for good cause shown may grant relief from the waiver.

(7) ABSENCE OF ENTRY IN RECORDS OF REGULARLY CONDUCTED ACTIVITY.—Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, of a regularly conducted activity to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances show lack of trustworthiness.

(8) PUBLIC RECORDS AND REPORTS.—Records, reports, statements reduced to writing, or data compilations, in any form, of public offices or agencies, setting forth the activities of the office or agency, or matters observed pursuant to duty imposed by law as to matters which there was a duty to report, excluding in criminal cases matters observed by a police officer or other law enforcement personnel, unless the sources of information or other circumstances show their lack of trustworthiness. The criminal case exclusion shall not apply to an affidavit otherwise admissible under s. 316.1934 or s. 327.354.

(9) RECORDS OF VITAL STATISTICS.—Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if a report was made to a public office pursuant to requirements of law. However, nothing in this section shall be construed to make admissible any other marriage of any party to any cause of action except for the purpose of impeachment as set forth in s. 90.610.

(10) ABSENCE OF PUBLIC RECORD OR ENTRY.—Evidence, in the form of a certification in accord with s. 90.902, or in the form of testimony, that diligent search failed to disclose a record, report, statement, or data compilation or entry, when offered to prove the absence of the record, report, statement, or data compilation or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation would regularly have been made and preserved by a public office and agency.

(11) RECORDS OF RELIGIOUS ORGANIZATIONS.—Statements of births, marriages, divorces, deaths, parentage, ancestry, relationship by blood or marriage, or other similar facts of personal or family history contained in a regularly kept record of a religious organization.

(12) MARRIAGE, BAPTISMAL, AND SIMILAR CERTIFICATES.—Statements of facts contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, when such statement was certified by a member of the clergy, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and when such certificate purports to have been issued at the time of the act or within a reasonable time thereafter.

(13) FAMILY RECORDS.—Statements of fact concerning personal or family history in family Bibles, charts, engravings in rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

(14) RECORDS OF DOCUMENTS AFFECTING AN INTEREST IN PROPERTY.—The record of a document purporting to establish or affect an interest in property, as proof of the contents of the original recorded or filed document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorized the recording or filing of the document in the office.

(15) STATEMENTS IN DOCUMENTS AFFECTING AN INTEREST IN PROPERTY.—A statement contained in a document purporting to establish or affect an interest in property, if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.

(16) STATEMENTS IN ANCIENT DOCUMENTS.—Statements in a document in existence 20 years or more, the authenticity of which is established.

(17) MARKET REPORTS, COMMERCIAL PUBLICATIONS.—Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations if, in the opinion of the court, the sources of information and method of preparation were such as to justify their admission.

(18) ADMISSIONS.—A statement that is offered against a party and is:

(a) The party’s own statement in either an individual or a representative capacity;

(b) A statement of which the party has manifested an adoption or belief in its truth;

(d) A statement by the party’s agent or servant concerning a matter within the scope of the agency or employment thereof, made during the existence of the relationship; or

(e) A statement by a person who was a coconspirator of the party during the course, and in furtherance, of the conspiracy. Upon request of counsel, the court shall instruct the jury that the conspiracy itself and each member’s participation in it must be established by independent evidence, either before the introduction of any evidence or before evidence is admitted under this paragraph.

(19) REPUTATION CONCERNING PERSONAL OR FAMILY HISTORY.—Evidence of reputation:

(a) Among members of a person’s family by blood, adoption, or marriage;

(b) Among a person’s associates; or

concerning a person’s birth, adoption, marriage, divorce, death, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history.

(20) REPUTATION CONCERNING BOUNDARIES OR GENERAL HISTORY.—Evidence of reputation:

(a) In a community, arising before the controversy about the boundaries of, or customs affecting lands in, the community.

(b) About events of general history which are important to the community, state, or nation where located.

(21) REPUTATION AS TO CHARACTER.—Evidence of reputation of a person’s character among associates or in the community.

(22) FORMER TESTIMONY.—Former testimony given by the declarant which testimony was given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, or a person with a similar interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination; provided, however, the court finds that the testimony is not inadmissible pursuant to s. 90.402 or s. 90.403.

(23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.—

(a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 17 or less describing any act of child abuse or neglect, any act of sexual abuse against a child, the offense of child abuse, the offense of aggravated child abuse, or any offense involving an unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if:

1. The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability. In making its determination, the court may consider the mental and physical age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, the reliability of the assertion, the reliability of the child victim, and any other factor deemed appropriate; and

2. The child either:

a. Testifies; or

b. Is unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense. Unavailability shall include a finding by the court that the child’s participation in the trial or proceeding would result in a substantial likelihood of severe emotional or mental harm, in addition to findings pursuant to s. 90.804(1).

(b) In a criminal action, the defendant shall be notified no later than 10 days before trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial. The notice shall include a written statement of the content of the child’s statement, the time at which the statement was made, the circumstances surrounding the statement which indicate its reliability, and such other particulars as necessary to provide full disclosure of the statement.

(24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR DISABLED ADULT.—

(a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by an elderly person or disabled adult, as defined in s. 825.101, describing any act of abuse or neglect, any act of exploitation, the offense of battery or aggravated battery or assault or aggravated assault or sexual battery, or any other violent act on the declarant elderly person or disabled adult, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if:

1. The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability. In making its determination, the court may consider the mental and physical age and maturity of the elderly person or disabled adult, the nature and duration of the abuse or offense, the relationship of the victim to the offender, the reliability of the assertion, the reliability of the elderly person or disabled adult, and any other factor deemed appropriate; and

2. The elderly person or disabled adult is unavailable as a witness, provided that there is corroborative evidence of the abuse or offense. Unavailability shall include a finding by the court that the elderly person’s or disabled adult’s participation in the trial or proceeding would result in a substantial likelihood of severe emotional, mental, or physical harm, in addition to findings pursuant to s. 90.804(1).

(b) In a criminal action, the defendant shall be notified no later than 10 days before the trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial. The notice shall include a written statement of the content of the elderly person’s or disabled adult’s statement, the time at which the statement was made, the circumstances surrounding the statement which indicate its reliability, and such other particulars as necessary to provide full disclosure of the statement.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 20, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 4, ch. 85-53; s. 11, ch. 87-224; s. 2, ch. 90-139; s. 3, ch. 90-174; s. 12, ch. 91-255; s. 498, ch. 95-147; s. 1, ch. 95-158; s. 2, ch. 96-330; s. 1, ch. 98-2; s. 2, ch. 2003-259; s. 1, ch. 2013-98; s. 1, ch. 2014-200; s. 1, ch. 2024-71.

F.S. 90.803 on Google Scholar

F.S. 90.803 on CourtListener

Amendments to 90.803

Annotations, Discussions, Cases:

Cases Citing Statute 90.803

Total Results: 1000

Pardo v. State

596 So. 2d 665, 1992 WL 56521

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 2037855

Cited 191 times | Published

which held that, even though the criteria of section 90.803(23) are satisfied, where the child is able

Thermoset Corporation v. Building Materials Corp of America

849 F.3d 1313, 97 Fed. R. Serv. 3d 419, 2017 WL 816224, 2017 U.S. App. LEXIS 3756

Court of Appeals for the Eleventh Circuit | Filed: Mar 2, 2017 | Docket: 4612618

Cited 163 times | Published

entire case from federal court. See Fla. Stat. § 90.803(22) (providing an exception to hearsay for former

Glendening v. State

536 So. 2d 212, 57 U.S.L.W. 2391

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 422176

Cited 84 times | Published

the district court expressly declared valid section 90.803(23), Florida Statutes (1985). We have jurisdiction

State v. Townsend

635 So. 2d 949, 1994 WL 137938

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 368823

Cited 82 times | Published

child hearsay exception at issue in this case, section 90.803(23), Florida Statutes (1987), the hearsay testimony

Ibar v. State

938 So. 2d 451, 2006 WL 560586

Supreme Court of Florida | Filed: Mar 9, 2006 | Docket: 421577

Cited 76 times | Published

The trial court allowed the testimony under section 90.803(3), Florida Statutes (1999), as pertaining

Ibar v. State

938 So. 2d 451, 2006 WL 560586

Supreme Court of Florida | Filed: Mar 9, 2006 | Docket: 421577

Cited 76 times | Published

The trial court allowed the testimony under section 90.803(3), Florida Statutes (1999), as pertaining

Woods v. State

733 So. 2d 980, 1999 WL 215347

Supreme Court of Florida | Filed: Apr 15, 1999 | Docket: 1188622

Cited 74 times | Published

asserted." See § 90.801(1)(c), Fla. Stat. (1995). Section 90.803(3)(a) of the Florida Statutes provides an exception

Globe v. State

877 So. 2d 663, 29 Fla. L. Weekly Fed. S 345

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 1285051

Cited 68 times | Published

incorporated this rule into its Evidence Code as section 90.803(18)(b), Florida Statutes (2003), which expressly

Lopez v. State

888 So. 2d 693, 2004 WL 2600408

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 66825

Cited 65 times | Published

admissible under the excited utterance exception in section 90.803(2), which authorizes the admission of "[a]

Hopkins v. State

632 So. 2d 1372, 1994 WL 11604

Supreme Court of Florida | Filed: Jan 20, 1994 | Docket: 2514787

Cited 65 times | Published

court failed to make sufficient findings under section 90.803(23)[3] to admit the out-of-court statements

Hudson v. State

992 So. 2d 96, 2008 WL 2612083

Supreme Court of Florida | Filed: Sep 25, 2008 | Docket: 1723509

Cited 59 times | Published

spontaneous statements or excited utterances under section 90.803, Florida Statutes (2004). The trial court admitted

Johnson v. State

969 So. 2d 938, 2007 WL 1933048

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693

Cited 55 times | Published

for excited utterances, which is contained in section 90.803(2), Florida Statutes (2006).[2] The court also

Yisrael v. State

938 So. 2d 546, 31 Fla. L. Weekly Fed. D 2178

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1673668

Cited 55 times | Published

circumstances show their lack of trustworthiness." [e.s.] § 90.803(8), Fla. Stat. (2005). Here the letter statement

Foster v. State

679 So. 2d 747, 1996 WL 399853

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 364333

Cited 53 times | Published

statements made by the participants of the crimes. See § 90.803(18)(e), Fla. Stat. (1993). Prior to the admission

State v. Jano

524 So. 2d 660, 1988 WL 43388

Supreme Court of Florida | Filed: May 5, 1988 | Docket: 1701389

Cited 51 times | Published

statements of a child are admissible under section 90.803(1) or (2), Florida Statutes, where they refer

Vantavia B. Jackson-Johnson v. State of Florida

188 So. 3d 133, 2016 WL 1357319, 2016 Fla. App. LEXIS 5269

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051127

Cited 50 times | Published

exception to the hearsay rule at issue here is. section 90.803(1), Florida Statutes (2014), otherwise known

Gray v. State

910 So. 2d 867, 2005 WL 1711746

District Court of Appeal of Florida | Filed: Jul 25, 2005 | Docket: 1744640

Cited 50 times | Published

certification or declaration that complies with [section 90.803(6)](c) and s. 90.902(11)." Ch. 2003-259, §

Perez v. State

536 So. 2d 206, 1988 WL 128166

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 1759665

Cited 47 times | Published

the district court expressly declared valid section 90.803(23), Florida Statutes (1985).[1] We have jurisdiction

Escobar v. State

699 So. 2d 988, 1997 WL 377595

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1321175

Cited 45 times | Published

that the statement is admissible pursuant to section 90.803(3)(a)(1),(2), Florida Statutes (1989).[11]

Brooks v. State

787 So. 2d 765, 2001 WL 326683

Supreme Court of Florida | Filed: Apr 5, 2001 | Docket: 1495756

Cited 41 times | Published

testimony as an exception to the hearsay rule under section 90.803(3), Florida Statutes (1997), which provides

Jaggers v. State

536 So. 2d 321, 1988 WL 137176

District Court of Appeal of Florida | Filed: Dec 20, 1988 | Docket: 1759626

Cited 41 times | Published

(Fla. 1988). That testimony, offered under section 90.803(23), Florida Statutes (1985), was relied on

Grim v. State

841 So. 2d 455, 2003 WL 1344834

Supreme Court of Florida | Filed: Mar 20, 2003 | Docket: 1656721

Cited 40 times | Published

excitement caused by the event or condition." § 90.803(2), Fla. Stat. (1999). [8] A spontaneous statement

Conley v. State

620 So. 2d 180, 1993 WL 166316

Supreme Court of Florida | Filed: May 20, 1993 | Docket: 1722865

Cited 40 times | Published

recognized exception to the rule of exclusion. See § 90.803, Fla. Stat. (1989).[5] Even if we were to conclude

Jones v. State

440 So. 2d 570

Supreme Court of Florida | Filed: Sep 15, 1983 | Docket: 1429920

Cited 38 times | Published

was permitted by the trial judge pursuant to section 90.803(3), Florida Statutes (1979) Statements of

Stoll v. State

762 So. 2d 870, 2000 WL 350558

Supreme Court of Florida | Filed: Apr 6, 2000 | Docket: 472165

Cited 37 times | Published

exception, section 90.803(2), Florida Statutes (1997), and the state-of-mind exception, section 90.803(3). Alternatively

Penalver v. State

926 So. 2d 1118, 2006 WL 240418

Supreme Court of Florida | Filed: Feb 2, 2006 | Docket: 467119

Cited 36 times | Published

statement as proof of subsequent conduct under section 90.803(3)(a)(2), Florida Statutes (1999), denied Penalver

State v. Contreras

979 So. 2d 896, 2008 WL 657867

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 1714383

Cited 34 times | Published

child victim was unavailable to testify under section 90.803(23), Florida Statutes (2002), did not satisfy

State v. Green

667 So. 2d 756, 1995 WL 752298

Supreme Court of Florida | Filed: Dec 21, 1995 | Docket: 341564

Cited 33 times | Published

BE RELIABLE AND ARE ADMISSIBLE PURSUANT TO SECTION 90.803(23)(a), FLORIDA STATUTES? Id. at 791. We have

Pacifico v. State

642 So. 2d 1178, 1994 WL 525078

District Court of Appeal of Florida | Filed: Sep 29, 1994 | Docket: 549983

Cited 33 times | Published

to the hearsay rule. The relevant portion of section 90.803(3), Florida Statutes, provides: The provision

Dh v. Department of Children and Fam.

769 So. 2d 424, 2000 Fla. App. LEXIS 11699

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 1739130

Cited 31 times | Published

testify, the Department could have tried to use section 90.803(23), Florida Statutes (1997), to admit her

Bedford v. State

589 So. 2d 245, 1991 WL 201666

Supreme Court of Florida | Filed: Oct 10, 1991 | Docket: 1441201

Cited 31 times | Published

statements, this testimony was admissible under section 90.803(3), Florida Statutes (1987), as a then existing

Burgess v. State

831 So. 2d 137, 2002 WL 31319392

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1387757

Cited 29 times | Published

police officer or other law enforcement personnel." § 90.803(8), Fla. Stat. (1999).[3] "[This] limitation *141

Conner v. State

748 So. 2d 950, 1999 WL 731664

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504621

Cited 29 times | Published

exception for elderly persons or disabled adults, section 90.803(24), Florida Statutes (1995). We have jurisdiction

Heuss v. State

687 So. 2d 823, 1996 WL 727134

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 20534

Cited 29 times | Published

statements made by the children pursuant to section 90.803(23), Florida Statutes (1989), the child-victim

Blanton v. State

978 So. 2d 149, 2008 WL 657832

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 2515926

Cited 28 times | Published

the child's recorded statements pursuant to section 90.803(23), Florida Statutes (2007), the child victim

Marquard v. State

850 So. 2d 417, 2002 WL 31600017

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 2518193

Cited 28 times | Published

804(2)(a) of Florida Statutes (1999). We disagree. Section 90.803(22) provides: [T]he following are not inadmissible

Flanagan v. State

586 So. 2d 1085, 1991 WL 133574

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454

Cited 28 times | Published

fault and identity are not, as required by Section 90.803(4) of the Florida Evidence Code, reasonably

Griffin v. State

526 So. 2d 752, 1988 WL 55782

District Court of Appeal of Florida | Filed: Jun 3, 1988 | Docket: 93751

Cited 28 times | Published

child's out-of-court statements pursuant to section 90.803(23), Florida Statutes (1985). We reverse and

Hernandez v. State

946 So. 2d 1270, 2007 WL 188417

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1770987

Cited 26 times | Published

by child victims of abuse in accordance with section 90.803(23), Florida Statutes (1989)). Because the

Young v. State

645 So. 2d 965, 1994 WL 570629

Supreme Court of Florida | Filed: Oct 20, 1994 | Docket: 107661

Cited 26 times | Published

videotapes are often employed for this purpose. § 90.803(23), Fla. Stat. (1993). If depositions read into

Sikes v. Seaboard Coast Line R. Co.

429 So. 2d 1216

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487

Cited 25 times | Published

rule. These exceptions, which are embodied in Section 90.803, Florida Statutes, state in relevant part:

Dhrs v. Mb

701 So. 2d 1155

Supreme Court of Florida | Filed: May 29, 1997 | Docket: 1470459

Cited 24 times | Published

public importance: DOES THE TERM "STATEMENT" IN SECTION 90.803(23), FLORIDA STATUTES, PERMIT THE ADMISSION

Baugh v. State

961 So. 2d 198, 2007 WL 1215130

Supreme Court of Florida | Filed: Apr 26, 2007 | Docket: 365401

Cited 23 times | Published

under the child victim hearsay exception in section 90.803(23), Florida Statutes (2001), after the child

Herrera-Vega v. State

888 So. 2d 66, 2004 WL 2363583

District Court of Appeal of Florida | Filed: Oct 22, 2004 | Docket: 1697214

Cited 23 times | Published

as a witness for trial within the meaning of section 90.803(23), Florida Statutes, and no attempt was made

Blanton v. State

880 So. 2d 798, 2004 WL 1799760

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 442825

Cited 23 times | Published

child victim hearsay exception set forth in section 90.803(23), Florida Statutes (2003), applies if the

Wright v. State

739 So. 2d 1230, 1999 WL 594179

District Court of Appeal of Florida | Filed: Aug 10, 1999 | Docket: 1294053

Cited 23 times | Published

a subsequent trial on the charge in Count Two. § 90.803(18)(a), Fla. Stat. (1997); Moore v. State, 701

Love v. Garcia

634 So. 2d 158, 1994 WL 37919

Supreme Court of Florida | Filed: Feb 10, 1994 | Docket: 1737757

Cited 21 times | Published

exception to the hearsay rule and fall within section 90.803(6)(a), Florida Statutes (1991).[3]See Phillips

Begley v. State

483 So. 2d 70, 11 Fla. L. Weekly 321

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 1511980

Cited 21 times | Published

exception to the hearsay rule contained in section 90.803(2), Florida Statutes. This argument also lacks

Rogers v. State

782 So. 2d 373, 2001 WL 123869

Supreme Court of Florida | Filed: Feb 15, 2001 | Docket: 456565

Cited 20 times | Published

as substantive evidence in criminal trials. See § 90.803(8), Fla. State. (1997); see, e.g., Hendrieth v

Brown v. State

611 So. 2d 540, 1992 WL 367218

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1674204

Cited 19 times | Published

hearsay. We disagree. These statements fall under section 90.803(4), Florida Statutes (1989), as statements

Lorillard Tobacco Co. v. Alexander

123 So. 3d 67, 2013 WL 4734565, 2013 Fla. App. LEXIS 14155

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60235156

Cited 18 times | Published

“state of mind” exception to the hearsay rule, section 90.803(3) of the Florida Statutes, (2012): (3) THEN-EXISTING

Mazine v. M & I Bank

67 So. 3d 1129, 2011 Fla. App. LEXIS 11441, 2011 WL 2937307

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 60301936

Cited 18 times | Published

foundation for such ad*1132mission must be laid. Section 90.803(6), Florida Statutes (2010), allows the admission

State v. Lopez

974 So. 2d 340, 2008 WL 89979

Supreme Court of Florida | Filed: Jan 10, 2008 | Docket: 1367572

Cited 18 times | Published

hearsay exception in section 90.803(2), Florida Statutes (2006). Section 90.803(2) authorizes the admission

Lazarowicz v. State

561 So. 2d 392, 1990 WL 58256

District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 1480880

Cited 18 times | Published

admitted to establish Jennifer's state of mind. See § 90.803(3), Fla. Stat. (1985). In the instant sexual battery

Tresvant v. State

396 So. 2d 733

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 1447258

Cited 18 times | Published

prior to the effective date, July 1, 1979, of Section 90.803(18), Florida Statutes (1979). This statute

Glarum v. LASALLE BANK NAT. ASS'N

83 So. 3d 780, 2011 WL 5573941

District Court of Appeal of Florida | Filed: Nov 17, 2011 | Docket: 1174043

Cited 17 times | Published

LaSalle's motion for summary judgment. Pursuant to section 90.803(6)(a), Florida Statutes, documentary evidence

Perez v. State

980 So. 2d 1126, 2008 WL 723786

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1735771

Cited 17 times | Published

business records exception to the hearsay rule. See § 90.803(6), Fla. Stat. (2007). The State responds that

State v. Jones

625 So. 2d 821, 1993 WL 322935

Supreme Court of Florida | Filed: Aug 26, 1993 | Docket: 474095

Cited 17 times | Published

made in connection with a physician's treatment. § 90.803(4), Fla. Stat. (1985). Another member of the child

Stone v. State

547 So. 2d 657, 1989 WL 55294

District Court of Appeal of Florida | Filed: May 26, 1989 | Docket: 1738852

Cited 17 times | Published

making the specific findings of fact required by section 90.803(23), Florida Statutes (1987). This hearsay

Romani v. State

542 So. 2d 984, 1989 WL 44354

Supreme Court of Florida | Filed: Apr 27, 1989 | Docket: 468819

Cited 17 times | Published

can be used against another as authorized by section 90.803(18)(e), Florida Statutes (1987). Dr. Olga Romani

Harris v. GAME AND FRESH WATER FISH

495 So. 2d 806, 11 Fla. L. Weekly 2053, 1986 Fla. App. LEXIS 9863

District Court of Appeal of Florida | Filed: Sep 25, 1986 | Docket: 1747138

Cited 17 times | Published

reflect the usual predicate[3] required by Section 90.803(6)(a), the fact remains that the report would

Salter v. State

500 So. 2d 184, 11 Fla. L. Weekly 1947

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 1295226

Cited 17 times | Published

excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (1985). However, the child's statement

Cotton v. State

763 So. 2d 437, 2000 WL 763548

District Court of Appeal of Florida | Filed: Jun 9, 2000 | Docket: 1681758

Cited 16 times | Published

the admission exception to the hearsay rule, section 90.803(18), Florida Statutes (1997). This is so because

Jackson v. State

738 So. 2d 382, 1999 WL 415181

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1502639

Cited 16 times | Published

admission of the BellSouth records pursuant to section 90.803(6)(a), Florida Statutes (1997). However, Jackson's

Monlyn v. State

705 So. 2d 1, 1997 WL 618707

Supreme Court of Florida | Filed: Oct 9, 1997 | Docket: 1753694

Cited 16 times | Published

exactly the kind of evidence contemplated by section 90.803(3)(a)2, Florida Statutes (1995), as satisfying

Lee v. DHRS

698 So. 2d 1194, 1997 WL 332912

Supreme Court of Florida | Filed: Jun 19, 1997 | Docket: 434534

Cited 16 times | Published

exception to the hearsay rule set forth in section 90.803(18)(d), Florida Statutes (1995). Alternatively

Phillips v. Ficarra

618 So. 2d 312, 1993 WL 140125

District Court of Appeal of Florida | Filed: May 5, 1993 | Docket: 1376610

Cited 16 times | Published

records were admissible as business records. Section 90.803(6), Fla. Stat.; Thunderbird Drive-In Theatre

Budget Rent a Car Sys., Inc. v. Jana

600 So. 2d 466, 1992 WL 16628

District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 1527793

Cited 16 times | Published

Cassidy's remarks to Mr. Jana that he was sorry. § 90.803(1)(2), Fla. Stat. (1989) (formerly "res gestae"

Herrera v. State

532 So. 2d 54, 1988 WL 103849

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 1510296

Cited 16 times | Published

it falls within the exceptions delineated in section 90.803(18)(c), Florida Statutes (1983).[2] "An admission

In Re Commitment of Cartwright

870 So. 2d 152, 2004 WL 86180

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1698113

Cited 15 times | Published

held that the statutory hearsay exception in section 90.803(24), Florida Statutes (1995), for out-of-court

In Re Commitment of Cartwright

870 So. 2d 152, 2004 WL 86180

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1698113

Cited 15 times | Published

held that the statutory hearsay exception in section 90.803(24), Florida Statutes (1995), for out-of-court

Arthur v. State

818 So. 2d 589, 2002 WL 727008

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1169835

Cited 15 times | Published

and are excepted from the hearsay rule under section 90.803(8), Florida Statutes. [2] The evidence code

Filan v. State

768 So. 2d 1100, 2000 WL 140444

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 526807

Cited 15 times | Published

custodian to lay the necessary foundation under section 90.803(6)(a), Florida Statutes (1995), to establish

Filan v. State

768 So. 2d 1100, 2000 WL 140444

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 526807

Cited 15 times | Published

custodian to lay the necessary foundation under section 90.803(6)(a), Florida Statutes (1995), to establish

Forester v. Norman Roger Jewell & Brooks Intern., Inc.

610 So. 2d 1369, 1992 WL 385386

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1734875

Cited 15 times | Published

business records exception to the hearsay rule, Section 90.803(6), Florida Statutes (1987), authorizes admission

Turtle v. State

600 So. 2d 1214, 1992 WL 123322

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 539573

Cited 15 times | Published

statements to his mother were admissible under section 90.803(2), the excited utterance exception of the

Fuller v. State

540 So. 2d 182, 1989 WL 22563

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 1294385

Cited 15 times | Published

of defendant's arguments are unpersuasive. Section 90.803(23), Florida Statutes (1987), the statute which

Glendening v. State

503 So. 2d 335

District Court of Appeal of Florida | Filed: Mar 6, 1987 | Docket: 1452788

Cited 15 times | Published

statements could only have been admitted under section 90.803(23), Florida Statutes (1985). Appellant not

Stark v. State Farm Florida Insurance Co.

95 So. 3d 285, 2012 WL 2327789, 2012 Fla. App. LEXIS 9941

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60311168

Cited 14 times | Published

admissible as a vicarious admission of the insurer. § 90.803(18)(d), Fla. *289Stat.; see, e.g., Botte v. Pomeroy

State v. Johnson

982 So. 2d 672, 2008 WL 1901456

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 1202783

Cited 14 times | Published

records are admissible as a hearsay exception. See § 90.803(6), Fla. Stat. (2005).[2] This Court held in Baber

In Re Amendments to Fla. Evidence Code

782 So. 2d 339, 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 456391

Cited 14 times | Published

section 2 (changing a statutory reference in section 90.803(8), Florida Statutes, Hearsay exceptions; availability

Bolin v. State

736 So. 2d 1160, 1999 WL 394284

Supreme Court of Florida | Filed: Jun 10, 1999 | Docket: 1736543

Cited 14 times | Published

hearsay. However, police reports are hearsay. § 90.803, Fla. Stat. (1985). Additionally, Kling testified

Williams v. State

714 So. 2d 462, 1997 WL 799591

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 2514149

Cited 14 times | Published

Hunter on July 6th as excited utterances under section 90.803(2), Florida Statutes. The state further offered

Dinter v. Brewer

420 So. 2d 932

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1306523

Cited 14 times | Published

Simply stated, the applicable rule of evidence, Section 90.803, Florida Statutes (1981), provides: "The provision

Desue v. State

908 So. 2d 1116, 2005 WL 1711666

District Court of Appeal of Florida | Filed: Jul 25, 2005 | Docket: 1397606

Cited 13 times | Published

§ 803.6, at 785, 789, 791 (2004 ed.); see also § 90.803(6), Fla. Stat. (2004). Alternatively, "[s]ince

Gammon v. State

778 So. 2d 390, 2001 WL 43074

District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 1686940

Cited 13 times | Published

a criminal trial as admissions pursuant to section 90.803(18)(a), Florida Statutes (1999). The trial

Davis v. State

562 So. 2d 431, 1990 WL 82113

District Court of Appeal of Florida | Filed: Jun 18, 1990 | Docket: 1256064

Cited 13 times | Published

as a business record under the provisions of Section 90.803(6), Florida Statutes, and the statutory criteria

Garcia v. State

564 So. 2d 124, 1990 WL 82926

Supreme Court of Florida | Filed: Jun 14, 1990 | Docket: 1294627

Cited 13 times | Published

exception for regularly kept business records, section 90.803(6) of the Florida Statutes (1981), and argues

Jackson v. State

530 So. 2d 269, 1988 WL 91408

Supreme Court of Florida | Filed: May 5, 1988 | Docket: 1678403

Cited 13 times | Published

hearsay, they are admissions and fall under section 90.803(18), Florida Statutes (1985). Additionally

Adams v. State

521 So. 2d 337, 1988 WL 18691

District Court of Appeal of Florida | Filed: Mar 9, 1988 | Docket: 2577761

Cited 13 times | Published

fell within the business records exception of section 90.803(6), Florida Statutes (1985) and allowed the

Baber v. State

775 So. 2d 258, 2000 WL 1227764

Supreme Court of Florida | Filed: Aug 31, 2000 | Docket: 59352

Cited 12 times | Published

under the business record hearsay exception, section 90.803(6)(a), Florida Statutes (1995). The state also

EI Dupont De Nemours v. Castillo Ex Rel. Castillo

748 So. 2d 1108, 2000 WL 140102

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1505041

Cited 12 times | Published

which was admissible against Pine Island under section 90.803(18)(d), Florida Statutes (1995). Pine Island

Palazzolo v. State

754 So. 2d 731, 2000 WL 201790

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 430885

Cited 12 times | Published

without complying with the requirements of section 90.803(23), Florida Statutes (1997). The trial court

Mathis v. State

682 So. 2d 175, 1996 WL 570217

District Court of Appeal of Florida | Filed: Oct 8, 1996 | Docket: 1276403

Cited 12 times | Published

justify their admission into evidence pursuant to section 90.803(23) of the Florida Evidence Code. After acknowledging

Florida Ass'n of Counties, Inc. v. DEPT. OF ADMIN., DIV. OF RETIREMENT

580 So. 2d 641, 1991 WL 43187

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1364538

Cited 12 times | Published

activities of the legislature relative to DOA. § 90.803(18)(d), Fla. Stat. (1989). Also, the reports were

Jesus v. State

565 So. 2d 1361, 1990 WL 91917

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 1403527

Cited 12 times | Published

pursuant to the hearsay exception set out in section 90.803(23), Florida Statutes: Hearsay exception; statement

Jesus v. State

565 So. 2d 1361, 1990 WL 91917

District Court of Appeal of Florida | Filed: Jul 5, 1990 | Docket: 1403527

Cited 12 times | Published

pursuant to the hearsay exception set out in section 90.803(23), Florida Statutes: Hearsay exception; statement

Weatherford v. State

561 So. 2d 629, 1990 WL 57805

District Court of Appeal of Florida | Filed: May 7, 1990 | Docket: 1480876

Cited 12 times | Published

constituted hearsay and the procedural safeguards of section 90.803(23), Florida Statutes (1987), the hearsay exception

State v. Edwards

536 So. 2d 288, 1988 WL 131115

District Court of Appeal of Florida | Filed: Dec 12, 1988 | Docket: 1759884

Cited 12 times | Published

codified in *290 the Florida Evidence Code, Section 90.803, Florida Statutes.[1] Prior to trial, both

State v. Brea

530 So. 2d 924, 1988 WL 93749

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 1678279

Cited 12 times | Published

co-conspirator exception to the hearsay rule. See § 90.803(18)(e), Fla. Stat. (1985).[2] The trial court

Pieczynski v. State

516 So. 2d 1048, 1987 WL 2679

District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 1678039

Cited 12 times | Published

admission from which guilt could be inferred. § 90.803(18), Fla. Stat. (1985). See Ehrhardt, Florida

Deutsche Bank National Trust Co. v. Clarke

87 So. 3d 58, 2012 WL 1314190, 2012 Fla. App. LEXIS 6036

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60308017

Cited 11 times | Published

business records exception to the hearsay rule. See § 90.803(6), Fla. Stat. (2010). The trial court reviewed

Deutsche Bank National Trust Co. v. Clarke

87 So. 3d 58, 2012 WL 1314190, 2012 Fla. App. LEXIS 6036

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60308017

Cited 11 times | Published

business records exception to the hearsay rule. See § 90.803(6), Fla. Stat. (2010). The trial court reviewed

Smith v. State

880 So. 2d 730, 2004 WL 1175488

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1295016

Cited 11 times | Published

"recorded recollection" exception to the hearsay rule. § 90.803(5), Fla. Stat. (2002). Smith's attorneys objected

State v. Bradford

658 So. 2d 572, 1995 WL 385395

District Court of Appeal of Florida | Filed: Jun 30, 1995 | Docket: 439489

Cited 11 times | Published

argues these statements are admissible under section 90.803(3)(a)(1), Florida Statutes. This part of the

Reyes v. State

580 So. 2d 309, 1991 WL 87226

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 407315

Cited 11 times | Published

statement to the examining physician under section 90.803(4), Florida Statutes (1989). We caution, however

McDonald v. State

578 So. 2d 371, 1991 WL 54131

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 440937

Cited 11 times | Published

victim). It was also admissible either under section 90.803(1) as "a spontaneous statement describing an

Williams v. State

560 So. 2d 1304, 1990 WL 52797

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 1739530

Cited 11 times | Published

videotape and other statements admissible under Section 90.803(23), Florida Statutes (1987), the court found

Privett v. State

417 So. 2d 805

District Court of Appeal of Florida | Filed: Aug 4, 1982 | Docket: 1383096

Cited 11 times | Published

incorporated this rule into its Evidence Code as section 90.803(18)(b), Florida Statutes (1981), which provides:

Cayea v. Citimortgage, Inc.

138 So. 3d 1214, 2014 WL 2197616, 2014 Fla. App. LEXIS 8093

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60240539

Cited 10 times | Published

Florida’s business-records exception appears in section 90.803(6)(a) of the Florida Evidence code, which defines

Hunter v. Aurora Loan Services, LLC

137 So. 3d 570, 2014 WL 1665739, 2014 Fla. App. LEXIS 6170

District Court of Appeal of Florida | Filed: Apr 25, 2014 | Docket: 60240375

Cited 10 times | Published

for admitting the records into evidence under section 90.803(6)(a), Florida Statutes, the business records

State v. Shearod

992 So. 2d 900, 2008 WL 4682524

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1392360

Cited 10 times | Published

the statement must be offered for its truth. § 90.803(1)(c), Fla. Stat. (2004) ("`Hearsay' is a statement

CA v. Department of Children and Families

958 So. 2d 554, 2007 Fla. App. LEXIS 9214, 2007 WL 1690027

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1734858

Cited 10 times | Published

party to make a statement concerning the subject; § 90.803(18)(a)-(c), Fla. Stat. C.A. argues K.R.'s statements

Mariano v. State

933 So. 2d 111, 2006 WL 1476171

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 1712271

Cited 10 times | Published

utterances, an exception to the hearsay rule. Section 90.803(2), Florida Statutes, provides: (2) Excited

Marshall v. State

915 So. 2d 264, 2005 WL 3299368

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1310874

Cited 10 times | Published

were hearsay exceptions under Florida Statute Section 90.803(2). The court further found that the statements

Sherrer v. State

898 So. 2d 260, 2005 WL 607907

District Court of Appeal of Florida | Filed: Mar 17, 2005 | Docket: 1732230

Cited 10 times | Published

victim's mother on the basis of hearsay under section 90.803(23), Florida Statutes (2002). We conclude that

Beber v. State

887 So. 2d 1248, 2004 WL 2534277

Supreme Court of Florida | Filed: Nov 10, 2004 | Docket: 466584

Cited 10 times | Published

videotaped interview as substantive evidence under section 90.803(23)(a), Florida Statutes (2002).[1] The prosecution

Yost v. UNEMPLOYMENT APPEALS COM'N

848 So. 2d 1235, 2003 WL 21536703

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1309443

Cited 10 times | Published

business records exception to the hearsay rule, § 90.803(6)(a), Fla. Stat. (2001), they were not presented

Werley v. State

814 So. 2d 1159, 2002 WL 553394

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 765396

Cited 10 times | Published

several ongoing disagreements with her husband. See § 90.803(2), Fla. Stat. (2000)(a "statement or excited

State v. Dionne

814 So. 2d 1087, 2002 WL 396766

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 418984

Cited 10 times | Published

facto objection to retrospective application of section 90.803(23), Florida Statutes (1985), which allowed

Jenkins v. State

803 So. 2d 783, 2001 WL 1516914

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1785199

Cited 10 times | Published

us to address this issue. [2] Even though section 90.803(22), Fla. Stat. (1998), purports to permit

Delacruz v. State

734 So. 2d 1116, 1999 WL 285023

District Court of Appeal of Florida | Filed: May 10, 1999 | Docket: 369763

Cited 10 times | Published

statements. II. Section 90.803(23)(a)2b Corroborative Evidence Requirement Section 90.803(23) of the Florida

Anderson v. State

655 So. 2d 1118, 1995 WL 313783

Supreme Court of Florida | Filed: May 25, 1995 | Docket: 1696799

Cited 10 times | Published

intent to introduce hearsay statements under section 90.803(23), Florida Statutes (1991).[1]*1119 At the

Keller v. State

586 So. 2d 1258, 1991 WL 191586

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1487548

Cited 10 times | Published

[2] § 787.02(1)(a), Fla. Stat. (1987). [3] Section 90.803(4), Florida Statutes (1987) provides for the

Wade v. State

586 So. 2d 1200, 1991 WL 183021

District Court of Appeal of Florida | Filed: Sep 16, 1991 | Docket: 1742421

Cited 10 times | Published

not sufficient to satisfy the requirements of section 90.803(23)(a), Florida Statutes, 1987, which states:

Hogan v. State

583 So. 2d 426, 1991 WL 146646

District Court of Appeal of Florida | Filed: Aug 5, 1991 | Docket: 1684009

Cited 10 times | Published

exception may apply to lab test results if section 90.803(6), Florida Statutes, is satisfied. Davis v

Woodfin v. State

553 So. 2d 1355, 1989 WL 154855

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1259428

Cited 10 times | Published

and understanding of the truth. We affirm. Section 90.803(23), Florida Statutes (1987) establishes an

Dietz v. State

534 So. 2d 808, 1988 WL 124794

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 1296071

Cited 10 times | Published

to the hearsay rule as a business record. See § 90.803(6), Fla. Stat. (1985). Without that foundation

Cofield v. State

474 So. 2d 849, 10 Fla. L. Weekly 1926

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 1471616

Cited 10 times | Published

business records exception to the hearsay rule, Section 90.803(6), Florida Statutes). Therefore, once a proper

State v. Johnson

382 So. 2d 765

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 1255205

Cited 10 times | Published

rule is not included in the new evidence code. Section 90.803(2), Florida Statutes (1979), however, provides

Symonette v. State

100 So. 3d 180, 2012 Fla. App. LEXIS 18502, 2012 WL 5232218

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60225679

Cited 9 times | Published

Admissions of a party are generally admissible hearsay. § 90.803(18), Fla. Stat. (2009); see also Hall v. State

CASICA v. State

24 So. 3d 1236, 2009 Fla. App. LEXIS 20401, 2009 WL 5126368

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1648418

Cited 9 times | Published

evidence as excited utterances. See id.; see also § 90.803(2), Fla. Stat. (2007). The appellant's argument

State v. Belvin

986 So. 2d 516, 2008 WL 1901674

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 2483400

Cited 9 times | Published

adverse witness at a civil or criminal trial. Id. Section 90.803(8), Florida Statutes (2007), is the public

Elwell v. State

954 So. 2d 104, 2007 WL 1201597

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1163670

Cited 9 times | Published

failing to make the specific findings required by section 90.803(23), Florida Statutes (2003),[1] before admitting

Carter v. State

951 So. 2d 939, 2007 WL 675354

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1682581

Cited 9 times | Published

business records exception to the hearsay rule, section 90.803(6)(a), Florida Statutes, because it did not

Martin v. State

936 So. 2d 1190, 2006 WL 2482442

District Court of Appeal of Florida | Filed: Aug 30, 2006 | Docket: 1651152

Cited 9 times | Published

statute permitting admission of such records, see section 90.803(6), Florida Statutes (2003), an issue we do

Blandenburg v. State

890 So. 2d 267, 2004 WL 2481315

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 1287431

Cited 9 times | Published

utterance exception to the hearsay rule. *269 Section 90.803(2), Florida Statutes (2002), provides for the

Castaneda v. REDLANDS CHRISTIAN MIGRANT

884 So. 2d 1087, 2004 WL 2347598

District Court of Appeal of Florida | Filed: Oct 20, 2004 | Docket: 1281832

Cited 9 times | Published

Federal Rules of Civil Procedure. Id. at 798. Section 90.803, Florida Statutes (2002), states in pertinent

Tucker v. State

884 So. 2d 168, 2004 WL 1635615

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 1683025

Cited 9 times | Published

recording as an excited utterance.[6] We agree. Section 90.803(2), Florida Statutes (2002), permits a party

Tucker v. State

884 So. 2d 168, 2004 WL 1635615

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 1683025

Cited 9 times | Published

recording as an excited utterance.[6] We agree. Section 90.803(2), Florida Statutes (2002), permits a party

State v. Brockman

827 So. 2d 299, 2002 WL 2001331

District Court of Appeal of Florida | Filed: Sep 3, 2002 | Docket: 1726417

Cited 9 times | Published

corroboration out of court testimony under [section 90.803(23) ], Florida Statutes, is unconstitutional

Jones v. State

728 So. 2d 788, 1999 WL 89933

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 514131

Cited 9 times | Published

served appellant with a notice, pursuant to section 90.803(23)(b) of the Florida Evidence Code, stating

GENERAL MOTORS ACCEPTANCE v. Laesser

718 So. 2d 276, 1998 WL 568123

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 466323

Cited 9 times | Published

Donato were exceptions to the hearsay rule under section 90.803(18), Florida Statutes (1997). However, Stivers'

Thompson v. State

705 So. 2d 1046, 1998 WL 52249

District Court of Appeal of Florida | Filed: Feb 11, 1998 | Docket: 1580165

Cited 9 times | Published

memorandum, report, record, or data compilation," see § 90.803(6)(a), Fla. Stat. (1995), it does not authorize

Charlot v. State

679 So. 2d 844, 1996 WL 511551

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 1666170

Cited 9 times | Published

statements as an exception to the hearsay rule under section 90.803(2), Florida Statutes (1995) which provides:

King v. State

642 So. 2d 649, 1994 WL 502300

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 549700

Cited 9 times | Published

testimony met the requirements for admission under section 90.803(23). However, the trial judge, in deciding

Frazier v. State

587 So. 2d 660, 1991 WL 211248

District Court of Appeal of Florida | Filed: Oct 22, 1991 | Docket: 1713684

Cited 9 times | Published

same in evidence was ever established under Section 90.803(6), Florida Statutes (1989); such "paperwork

METRO. DADE COUNTY v. Yearby

580 So. 2d 186, 1991 WL 45209

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 1364810

Cited 9 times | Published

of a party opponent are admissible in evidence, § 90.803(18), Fla. Stat. (1989); M. Graham, Handbook of

Wallis v. State

548 So. 2d 808, 1989 WL 101584

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 1699055

Cited 9 times | Published

objection at trial to the testimony offered under section 90.803(23), Florida Statutes, of a child protection

Distefano v. State

526 So. 2d 110

District Court of Appeal of Florida | Filed: Jun 8, 1988 | Docket: 1272533

Cited 9 times | Published

adequately comply with the notice requirement in section 90.803(23), Florida Statutes (1985). More specifically

Budet v. K-Mart Corp.

491 So. 2d 1248, 11 Fla. L. Weekly 1637, 1986 Fla. App. LEXIS 8959

District Court of Appeal of Florida | Filed: Jul 25, 1986 | Docket: 1721994

Cited 9 times | Published

NOTES [1] This statement was admissible. See § 90.803(18), Fla. Stat. (1983); Myrick v. Lloyd, 158 Fla

Hendrieth v. State

483 So. 2d 768, 11 Fla. L. Weekly 354

District Court of Appeal of Florida | Filed: Feb 7, 1986 | Docket: 455683

Cited 9 times | Published

but no exception is applicable in this case. Section 90.803(5), Florida Statutes (1983), provides that

Martins v. PNC Bank, National Ass'n

170 So. 3d 932, 2015 Fla. App. LEXIS 11571, 40 Fla. L. Weekly Fed. D 1813

District Court of Appeal of Florida | Filed: Jul 31, 2015 | Docket: 60249537

Cited 8 times | Published

business records hearsay exception set forth in section 90.803(6), Florida Statutes (2015). It is well settled

Martins v. PNC Bank, National Ass'n

170 So. 3d 932, 2015 Fla. App. LEXIS 11571, 40 Fla. L. Weekly Fed. D 1813

District Court of Appeal of Florida | Filed: Jul 31, 2015 | Docket: 60249537

Cited 8 times | Published

business records hearsay exception set forth in section 90.803(6), Florida Statutes (2015). It is well settled

Yang v. Sebastian Lakes Condominium Ass'n

123 So. 3d 617, 2013 WL 4525318, 2013 Fla. App. LEXIS 13681

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60235123

Cited 8 times | Published

“Florida’s business-records exception appears in section 90.803(6)(a), Florida Statutes.” Yisrael v. State

Polite v. State

116 So. 3d 270, 38 Fla. L. Weekly Supp. 386, 2013 Fla. LEXIS 1163, 2013 WL 2436218

Supreme Court of Florida | Filed: Jun 6, 2013 | Docket: 60232343

Cited 8 times | Published

preserved for appellate review.” 41 So.3d at 939; see § 90.803(5), Fla. Stat. (2008) (governing admission of

Freemon v. Deutsche Bank Trust Co. Americas

46 So. 3d 1202, 2010 Fla. App. LEXIS 17158, 2010 WL 4483488

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 2399029

Cited 8 times | Published

business records exception to the hearsay rule, section 90.803(6), Florida Statutes. That specific argument

BDO Seidman, LLP v. Banco Espirito Santo International

38 So. 3d 874, 2010 Fla. App. LEXIS 9119, 2010 WL 2507051

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1658356

Cited 8 times | Published

conducted business activity for purposes of section 90.803(6) and (7), Florida Statutes (2009). Similarly

HEALTH OPTIONS v. Palmetto Pathology Servs.

983 So. 2d 608, 2008 Fla. App. LEXIS 5506, 2008 WL 1733673

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1684694

Cited 8 times | Published

relied upon by persons in particular occupations). § 90.803(17), Fla. Stat. (2007). The same analysis applies

Sproule v. State

927 So. 2d 46, 2006 WL 782483

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1765362

Cited 8 times | Published

and is excepted from the hearsay rule under section 90.803(8), Florida Statutes[3]). The certified copy

Contreras v. State

910 So. 2d 901, 2005 WL 2219023

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 1494563

Cited 8 times | Published

(Fla.1994), which held that compliance with section 90.803(23), as modified in Townsend, satisfied the

Sampson v. State

832 So. 2d 251, 2002 WL 31729077

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1700006

Cited 8 times | Published

whether or not the tape was admissible under section 90.803(18) (admission against interest), it was merely

Meade v. State

799 So. 2d 430, 2001 WL 1439693

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1278153

Cited 8 times | Published

sole basis for a finding of violation); see also § 90.803(6), Fla. Stat.; Love v. Garcia, 634 So.2d 158

Diaz v. State

797 So. 2d 1286, 2001 WL 1338016

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 335611

Cited 8 times | Published

trial court's factual findings required by section 90.803(23), Florida Statutes (2000). Such error, if

Cordova v. State

675 So. 2d 632, 1996 WL 279224

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1322769

Cited 8 times | Published

evidence under the public records exception, section 90.803(8), Florida Statutes, and United States v.

Reynolds v. State

660 So. 2d 778, 1995 WL 552353

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1657555

Cited 8 times | Published

for admitting child hearsay statements under section 90.803, Florida Statutes. Separate hearings were conducted

Burnside v. State

656 So. 2d 241, 1995 WL 340212

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1683694

Cited 8 times | Published

course and in furtherance of the conspiracy. See § 90.803(18)(e), Fla. Stat. (1991). Nor was there any record

Layman v. State

652 So. 2d 373, 1995 WL 121612

Supreme Court of Florida | Filed: Mar 23, 1995 | Docket: 1518047

Cited 8 times | Published

excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (1991). That the victim was in

Dealers Ins. v. Haidco Inv. Enterprises

638 So. 2d 127, 1994 Fla. App. LEXIS 5402, 1994 WL 244162

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 1652552

Cited 8 times | Published

stipulation are admissions as to Z-World, see § 90.803(18), Fla. Stat. (1993), there is no indication

Bertram v. State

637 So. 2d 258, 1994 WL 169467

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1521503

Cited 8 times | Published

failed to give the required notice pursuant to section 90.803(23)(b), Florida Statutes (1991), which provides

Alexander v. State

627 So. 2d 35, 1993 WL 462759

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 1752848

Cited 8 times | Published

was trying to scare him") are prohibited by section 90.803(3)(b), that the latter statement contradicts

Gatlin v. State

618 So. 2d 765, 1993 WL 154285

District Court of Appeal of Florida | Filed: May 12, 1993 | Docket: 2590092

Cited 8 times | Published

exception to the hearsay rule contained in section 90.803(8), Florida Statutes (1991), and was properly

Duncan v. State

616 So. 2d 140, 1993 WL 88631

District Court of Appeal of Florida | Filed: Mar 25, 1993 | Docket: 1726626

Cited 8 times | Published

state has cited numerous decisions relying on section 90.803(3), Florida Statutes (1989), the so-called

Williams v. State

553 So. 2d 365, 1989 WL 147384

District Court of Appeal of Florida | Filed: Dec 7, 1989 | Docket: 1258742

Cited 8 times | Published

various exceptions to the hearsay rule. See, e.g., § 90.803(6), Fla. Stat. (1987). In such a case, evidence

Sampson v. State

541 So. 2d 733, 1989 WL 34577

District Court of Appeal of Florida | Filed: Apr 7, 1989 | Docket: 1516493

Cited 8 times | Published

findings for such testimony to be admissible under section 90.803(23), Florida Statutes. Statements *735 which

Moore v. State

530 So. 2d 61, 1988 WL 31711

District Court of Appeal of Florida | Filed: Aug 31, 1988 | Docket: 1267403

Cited 8 times | Published

admission by the accused is admissible under section 90.803(18), Florida Statutes, when offered by an adverse

Hernandez v. CHARLES E. VIRGIN, MD, PA

505 So. 2d 1369, 12 Fla. L. Weekly 1031

District Court of Appeal of Florida | Filed: Apr 14, 1987 | Docket: 1454692

Cited 8 times | Published

admissible as an admission against self-interest, section 90.803(18), Florida Statutes (1985), but could be

Saul v. JOHN D. AND CATHERINE T. MacARTHUR

499 So. 2d 917, 12 Fla. L. Weekly 73

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1731239

Cited 8 times | Published

admissibility of such reports is controlled by section 90.803(4), Florida Statutes (1985), which excludes

Chao v. State

478 So. 2d 30, 10 Fla. L. Weekly 570

Supreme Court of Florida | Filed: Oct 24, 1985 | Docket: 1484941

Cited 8 times | Published

admissible nonetheless as an admission under section 90.803(18)(c), Florida Statutes (1981), hearsay exception:

Dutilly v. DEPT. OF HEALTH & REHAB. SERVICES

450 So. 2d 1195

District Court of Appeal of Florida | Filed: May 10, 1984 | Docket: 1433569

Cited 8 times | Published

hearsay exception under section 90.803(6), Florida Statutes (1981). Section 90.803(6) makes admissible:

Hunt v. State

429 So. 2d 811

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 1221260

Cited 8 times | Published

reputation, as to character, in the community. Section 90.803(21), Florida Statutes (1981). The record nowhere

Figueroa v. Federal National Mortgage Ass'n

180 So. 3d 1110, 2015 Fla. App. LEXIS 18135, 2015 WL 7780850

District Court of Appeal of Florida | Filed: Dec 4, 2015 | Docket: 60252294

Cited 7 times | Published

foundation for the loan documents pursuant to section 90.803(6), Florida Statutes (2014). Appellant relies

Bell v. State

179 So. 3d 349, 2015 Fla. App. LEXIS 14993, 2015 WL 5883607

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 60251742

Cited 7 times | Published

testifying and rely on the report: ’ Because section 90.803(5), Florida Statutes, allows the state to permit

Roberto Garces v. United States Attorney General

611 F.3d 1337, 76 A.L.R. Fed. 2d 651, 2010 U.S. App. LEXIS 16233

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 2103406

Cited 7 times | Published

& N. Dec. 38, 42 (BIA 1995); Fla. Stat. § 90.803(8). In any case, he argued, the affidavits did

Box v. State

993 So. 2d 135, 2008 WL 4681157

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1516315

Cited 7 times | Published

AFFIRMED. EVANDER and COHEN, JJ., concur. NOTES [1] § 90.803(8), Fla. Stat. (2003). [2] See Proffitt v. Wainwright

TJN v. State

977 So. 2d 770, 2008 WL 818808

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 550940

Cited 7 times | Published

record exception to the hearsay rule under section 90.803(b), Florida Statutes (2006), if production

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

the unnamed declarant was an admission under section 90.803(18), the declarant's statement to Officer Levey

IM v. State

958 So. 2d 1014, 2007 WL 1555737

District Court of Appeal of Florida | Filed: May 31, 2007 | Docket: 1414229

Cited 7 times | Published

the requirements of business records under section 90.803(6), Florida Statutes (2005), or are uncontested

Towbridge v. State

898 So. 2d 1205, 2005 WL 840463

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 2557861

Cited 7 times | Published

admitted as a spontaneous statement pursuant to section 90.803(1), Florida Statutes (2003). In Herrera-Vega

Arguelles v. State

842 So. 2d 939, 2003 WL 1239115

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 1439883

Cited 7 times | Published

statements is justified under a different theory. Section 90.803(18)(e), Florida Statutes (2000), is the co-conspirator

State v. Abreu

837 So. 2d 400, 2003 WL 60944

Supreme Court of Florida | Filed: Jan 9, 2003 | Docket: 2487425

Cited 7 times | Published

3(b)(1), Fla. *401 Const., and conclude that section 90.803(22), Florida Statutes (1999), is unconstitutional

Garland v. State

834 So. 2d 265, 2002 WL 31696070

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 1328789

Cited 7 times | Published

the exception to the hearsay rule provided by section 90.803(18)(d), Florida Statutes (2001)(admission by

Monday v. State

792 So. 2d 1278, 2001 WL 1013594

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 1416739

Cited 7 times | Published

statement by a child victim of sexual abuse. See § 90.803(23), Fla. Stat. This rule does not apply here

Lopez v. State

716 So. 2d 301, 1998 WL 422142

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 424778

Cited 7 times | Published

hearsay exception for excited utterances. See § 90.803(2), Fla. Stat. (1995); Williams v. State, 714

Stiles v. State

672 So. 2d 850, 21 Fla. L. Weekly Fed. D 723

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1763199

Cited 7 times | Published

statements should have been admissible under section 90.803(2), Florida Evidence Code, as "excited utterances

JM v. State

665 So. 2d 1135, 1996 WL 2276

District Court of Appeal of Florida | Filed: Jan 5, 1996 | Docket: 1351340

Cited 7 times | Published

observation of the event or condition described. See § 90.803(1) Fla. Stat. (1993) (a spontaneous statement

Quinn v. State

662 So. 2d 947, 1995 WL 412367

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 1683403

Cited 7 times | Published

credit report as a business record pursuant to section 90.803(6) of the Florida Evidence Code. Hearsay can

Heuss v. State

660 So. 2d 1052, 1995 WL 106305

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1755930

Cited 7 times | Published

the Child Sexual Abuse Hearsay Exception. See § 90.803(23), Fla. Stat. (1991). Appellant also contends

Garcia v. State

659 So. 2d 388, 1995 WL 421258

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1747976

Cited 7 times | Published

proper findings of reliability required by section 90.803(23), Florida Statutes (1991), prior to admitting

Williams v. State

627 So. 2d 1279, 1993 WL 502610

District Court of Appeal of Florida | Filed: Dec 9, 1993 | Docket: 1752850

Cited 7 times | Published

made by K.S. to three state's witnesses.[1] Section 90.803(23)(b), Florida Statutes provides the notice

Seaman v. State

608 So. 2d 71, 1992 WL 295437

District Court of Appeal of Florida | Filed: Oct 20, 1992 | Docket: 1449930

Cited 7 times | Published

likelihood of severe emotional or mental harm... ." Id. § 90.803(23)(a)(2)(b). The trial court found the child's

Conley v. State

592 So. 2d 723, 1992 WL 856

District Court of Appeal of Florida | Filed: Jan 2, 1992 | Docket: 1728206

Cited 7 times | Published

were admissible as excited utterances under Section 90.803(2), Florida Statutes (1989). Garcia v. State

Thomas v. State

581 So. 2d 993, 16 Fla. L. Weekly Fed. D 1714

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1283785

Cited 7 times | Published

records exception to the hearsay rule pursuant to section 90.803(6)(a), Florida Statutes (1987). Although a

Kopko v. State

577 So. 2d 956, 1991 WL 16299

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 1654396

Cited 7 times | Published

determine admissibility under the provisions of section 90.803(23), Florida Statutes (1987). At the hearing

Davis v. State

569 So. 2d 1317, 1990 WL 175056

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 1190390

Cited 7 times | Published

of hearsay statements of child victims under section 90.803(23), Florida Statutes, without considering

Edmond v. State

559 So. 2d 85, 1990 WL 11787

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 1751439

Cited 7 times | Published

descriptions were, therefore, admissible, pursuant to section 90.803, Florida Statutes (1987), as excited utterances

Brown v. State

537 So. 2d 180, 1989 WL 2035

District Court of Appeal of Florida | Filed: Jan 17, 1989 | Docket: 1522595

Cited 7 times | Published

business records exception to the hearsay rule. § 90.803(6), Fla. Stat. (1987); Adams v. State, 521 So

Jano v. State

510 So. 2d 615, 12 Fla. L. Weekly 1554

District Court of Appeal of Florida | Filed: Jun 24, 1987 | Docket: 1754365

Cited 7 times | Published

excited utterance exceptions to the hearsay rule. Section 90.803(1) and (2), Florida Statutes (1979), provides:

Wells v. State

492 So. 2d 712, 11 Fla. L. Weekly 1581

District Court of Appeal of Florida | Filed: Jul 18, 1986 | Docket: 478223

Cited 7 times | Published

state-of-mind exception which is provided for in Section 90.803(3), Florida Statutes. Under this exception

Nelson v. State

490 So. 2d 32, 11 Fla. L. Weekly 203

Supreme Court of Florida | Filed: May 1, 1986 | Docket: 1489237

Cited 7 times | Published

evidence as co-conspirator admissions under section 90.803(18)(e), Florida Statutes (1983).[3] Such a

Beasley v. Mitel of Delaware

449 So. 2d 365

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1325468

Cited 7 times | Published

inadmissible hearsay, and not within the exceptions of § 90.803(6), Florida Statutes. *367 Despite counsel's objection

Nationstar Mortgage, LLC v. Berdecia

169 So. 3d 209, 2015 Fla. App. LEXIS 9746, 2015 WL 3903568

District Court of Appeal of Florida | Filed: Jun 26, 2015 | Docket: 60248872

Cited 6 times | Published

them through the business records exception. See § 90.803(6), Fla. Stat. (2013). Though not altogether clear

Bank of New York v. Andrew Calloway

157 So. 3d 1064, 2015 Fla. App. LEXIS 162, 2015 WL 71816

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621574

Cited 6 times | Published

137 So.3d 562, 563 (Fla. 4th DCA 2014) Section 90.803(6), Florida Statutes (2008), “provides a hearsay

Bank of New York v. Andrew Calloway

157 So. 3d 1064, 2015 Fla. App. LEXIS 162, 2015 WL 71816

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621574

Cited 6 times | Published

137 So.3d 562, 563 (Fla. 4th DCA 2014) Section 90.803(6), Florida Statutes (2008), “provides a hearsay

Allen v. State

137 So. 3d 946, 38 Fla. L. Weekly Supp. 592, 2013 WL 3466777, 2013 Fla. LEXIS 1421

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60240447

Cited 6 times | Published

statement is unpreserved and without merit. See § 90.803(18)(e), Fla. Stat. (2005). “‘In order to preserve

Conway v. State

115 So. 3d 1058, 2013 WL 2493968, 2013 Fla. App. LEXIS 9281

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60232068

Cited 6 times | Published

the requirements of business records under section 90.803(6), Florida Statutes (2005), or are uncontest*1060ed

M.A.L. v. State

110 So. 3d 493, 2013 WL 1222771, 2013 Fla. App. LEXIS 4902

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60230323

Cited 6 times | Published

the otherwise inadmissible hearsay evidence. See § 90.803(18)(a), Fla. Stat. (2011) (providing an exception

Powell v. State

99 So. 3d 570, 2012 Fla. App. LEXIS 17889, 2012 WL 4900574

District Court of Appeal of Florida | Filed: Oct 16, 2012 | Docket: 60313102

Cited 6 times | Published

case is the excited utterance exception in section 90.803(2), Florida Statutes. This section provides

SS v. Department of Children and Families

81 So. 3d 618, 2012 Fla. App. LEXIS 3806, 2012 WL 752034

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 845344

Cited 6 times | Published

lab report containing the drug test results. See § 90.803(6)(a), Fla. Stat. (2011); J.B.M., 870 So.2d at

SS v. Department of Children and Families

81 So. 3d 618, 2012 Fla. App. LEXIS 3806, 2012 WL 752034

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 845344

Cited 6 times | Published

lab report containing the drug test results. See § 90.803(6)(a), Fla. Stat. (2011); J.B.M., 870 So.2d at

Brown v. State

69 So. 3d 316, 2011 Fla. App. LEXIS 12899, 2011 WL 3586140

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2322902

Cited 6 times | Published

also found the statements admissible under section 90.803(18)(e), Florida Statutes (2009), which allows

Johnson v. State

47 So. 3d 941, 2010 Fla. App. LEXIS 17673, 2010 WL 4628532

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2400408

Cited 6 times | Published

excluded by law. § 90.402, Fla. Stat. (2008). Section 90.803(22), Florida Statutes (2008), allows introduction

Watt v. State

31 So. 3d 238, 2010 Fla. App. LEXIS 3322, 2010 WL 934070

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 704375

Cited 6 times | Published

public-record exception to the hearsay rule. Section 90.803(8), Florida Statutes (2008), states that: Records

Deck v. State

985 So. 2d 1234, 2008 WL 2775866

District Court of Appeal of Florida | Filed: Jul 18, 2008 | Docket: 1673251

Cited 6 times | Published

for failing to object to this omission. *1239 Section 90.803(6)(c), Florida Statutes (2004), requires a

Pierre v. State

990 So. 2d 565, 2008 WL 2744243

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1293085

Cited 6 times | Published

Detective Schuster obtained was admissible. See § 90.803(18)(a), Fla. Stat. (2006) (specifying that a statement

Zerbe v. State

944 So. 2d 1189, 2006 WL 3733842

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1649808

Cited 6 times | Published

Hearsay Statement of Child Victim Pursuant to Florida Statute 90.803(23)." The Notice related to the use of

Jackson v. State

881 So. 2d 711, 2004 WL 2026790

District Court of Appeal of Florida | Filed: Sep 9, 2004 | Docket: 712517

Cited 6 times | Published

offered by the State against the defendant, see id. § 90.803(18), but inadmissible hearsay if offered by the

Richardson v. State

875 So. 2d 673, 2004 WL 1091140

District Court of Appeal of Florida | Filed: May 18, 2004 | Docket: 1283987

Cited 6 times | Published

"business records" exception to the hearsay rule, section 90.803(6)(a), Florida Statutes (2001), because the

Montano v. State

846 So. 2d 677, 2003 WL 21276029

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 1301614

Cited 6 times | Published

recollection exception to the hearsay rule, section 90.803(5), Florida Statutes (2001). We hold that the

Netherly v. State

804 So. 2d 433, 2001 WL 1246514

District Court of Appeal of Florida | Filed: Oct 19, 2001 | Docket: 1699371

Cited 6 times | Published

that the claims of lien were admissible under section 90.803(6), Florida Statutes (1997), as business records

Monahan v. Davis

781 So. 2d 436, 2001 WL 194890

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 1294080

Cited 6 times | Published

or as an exception to the hearsay rule under section 90.803(3), Florida Statutes (2000). Sadler testified

McElroy v. Perry

753 So. 2d 121, 2000 WL 3913

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 1729103

Cited 6 times | Published

exception to the hearsay rule contained in section 90.803(6), Florida Statutes (1997).[1] In response

Claussen v. STATE, DEPT. OF TRANSP.

750 So. 2d 79, 1999 Fla. App. LEXIS 15714, 1999 WL 1075099

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 1432735

Cited 6 times | Published

contention that the letter was admissible, DOT cited section 90.803(6), Florida Statutes (1997). Upon review, we

Young v. State

742 So. 2d 418, 1999 WL 729014

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1710077

Cited 6 times | Published

rule as an "excited utterance" pursuant to section 90.803(2), Florida Statutes (1997). The trial court

Lewis v. DEPT. OF HLTH. & REHAB. SERVICES

670 So. 2d 1191

District Court of Appeal of Florida | Filed: Apr 4, 1996 | Docket: 1246090

Cited 6 times | Published

statements of two of her other children pursuant section 90.803(23), Florida Statutes. The district court held

Allison v. State

661 So. 2d 889, 1995 WL 594929

District Court of Appeal of Florida | Filed: Oct 11, 1995 | Docket: 2486931

Cited 6 times | Published

exception to the hearsay rule contained in section 90.803(23), Florida Statutes (1991). At trial the

Allison v. State

661 So. 2d 889, 1995 WL 594929

District Court of Appeal of Florida | Filed: Oct 11, 1995 | Docket: 2486931

Cited 6 times | Published

exception to the hearsay rule contained in section 90.803(23), Florida Statutes (1991). At trial the

Kertell v. State

649 So. 2d 892, 1995 WL 29050

District Court of Appeal of Florida | Filed: Jan 27, 1995 | Docket: 1320413

Cited 6 times | Published

psychologist. Such a statement is admissible under section 90.803(23), Florida Statutes (1993), if a court finds

Love v. Garcia

611 So. 2d 1270, 1992 WL 361265

District Court of Appeal of Florida | Filed: Dec 9, 1992 | Docket: 1757281

Cited 6 times | Published

this case deals with the application of FEC section 90.803(6)(b) to trial court decisions excluding hospital

Rhue v. State

603 So. 2d 613, 17 Fla. L. Weekly Fed. D 1840

District Court of Appeal of Florida | Filed: Jul 31, 1992 | Docket: 1739051

Cited 6 times | Published

on hearsay statements admitted pursuant to section 90.803(23), Florida Statutes (1989). Appellant contends

Ware v. State

596 So. 2d 1200, 1992 WL 68865

District Court of Appeal of Florida | Filed: Apr 7, 1992 | Docket: 1707548

Cited 6 times | Published

witness exception to the hearsay rule pursuant to Section 90.803(2), Florida Statutes (1989), but certainly

King v. State

590 So. 2d 1032, 1991 WL 265076

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 458232

Cited 6 times | Published

testimony, the state was obliged to comply with Section 90.803(6) of the Florida Evidence Code. The state

Sunn v. Colonial Penn Ins. Co.

556 So. 2d 1156, 1990 WL 4567

District Court of Appeal of Florida | Filed: Jan 23, 1990 | Docket: 542579

Cited 6 times | Published

exceptions to the hearsay rule contained in Section 90.803(1) and (2), Florida Statutes (1987).[1] The

State v. Allen

519 So. 2d 1076, 1988 WL 6401

District Court of Appeal of Florida | Filed: Jan 29, 1988 | Docket: 1698554

Cited 6 times | Published

the videotape's reliability as required by section 90.803(23).[1] The judge only responded that he would

State v. Palmore

510 So. 2d 1152, 12 Fla. L. Weekly 1946

District Court of Appeal of Florida | Filed: Aug 11, 1987 | Docket: 1587288

Cited 6 times | Published

statement is excluded for all purposes. Under section 90.803(18)(b), Florida Statutes (1985), a statement

Short v. Ehrler

510 So. 2d 1110, 12 Fla. L. Weekly 1881

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1588111

Cited 6 times | Published

admit the medical notes of Doctor Ford. See section 90.803(4), Florida Statutes (1985), albeit their contents

Hanson v. State

508 So. 2d 780, 12 Fla. L. Weekly 1546

District Court of Appeal of Florida | Filed: Jun 24, 1987 | Docket: 1153778

Cited 6 times | Published

house and she denied having any boyfriends. Section 90.803(4), Florida Statutes (1985) provides an exception

Morris v. State

487 So. 2d 291, 11 Fla. L. Weekly 83

Supreme Court of Florida | Filed: Mar 6, 1986 | Docket: 1797247

Cited 6 times | Published

state-of-mind exception to the hearsay rule, section 90.803(3)(a) 1 and 2, Florida Statutes (1981), inapplicable

Stambor v. 170-SECOND COLLINS

465 So. 2d 1296, 10 Fla. L. Weekly 690

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 1694804

Cited 6 times | Published

business records exception to the hearsay rule.[2] § 90.803(6)(a), Fla. Stat. (1983). Although clearly the

Thompson v. CITIZENS NAT. BK.

433 So. 2d 32

District Court of Appeal of Florida | Filed: Jun 16, 1983 | Docket: 1424579

Cited 6 times | Published

were kept under his supervision and control. See § 90.803(6), Fla. Stat. (1981). Even if the affidavit had

Yanes v. State

418 So. 2d 1247

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 1289293

Cited 6 times | Published

counsel in accordance with the provision of Section 90.803(18)(e), Florida Statutes (1981), or as outlined

Le v. U.S. Bank

165 So. 3d 776, 2015 Fla. App. LEXIS 7715, 2015 WL 2414456

District Court of Appeal of Florida | Filed: May 22, 2015 | Docket: 60248240

Cited 5 times | Published

requirements for admission as business records under section 90.803(6), Florida Statutes (2014). Although there

Benjamin v. Tandem Healthcare, Inc.

93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310426

Cited 5 times | Published

exception for public records and reports. See § 90.803(8), Fla. Stat. (2009). The Estate responded that

Weisenberg v. Deutsche Bank National Trust Co.

89 So. 3d 1111, 2012 WL 2121196, 2012 Fla. App. LEXIS 9583

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308556

Cited 5 times | Published

foreclosure. Business records may be admitted under section 90.803(6) if the proponent of the evidence demonstrates

Bennett v. Christiana Bank & Trust Co.

50 So. 3d 43, 2010 Fla. App. LEXIS 18324, 2010 WL 4861739

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2399753

Cited 5 times | Published

admission against the interest of his principal, see § 90.803(18)(d), Fla. Stat. (2009), prove the insufficiency

Ruise v. State

43 So. 3d 885, 2010 Fla. App. LEXIS 13316, 2010 WL 3477461

District Court of Appeal of Florida | Filed: Sep 7, 2010 | Docket: 2398047

Cited 5 times | Published

other circumstances show lack of trustworthiness. § 90.803(6)(a), Fla. Stat. The state had the burden to

Ruise v. State

43 So. 3d 885, 2010 Fla. App. LEXIS 13316, 2010 WL 3477461

District Court of Appeal of Florida | Filed: Sep 7, 2010 | Docket: 2398047

Cited 5 times | Published

other circumstances show lack of trustworthiness. § 90.803(6)(a), Fla. Stat. The state had the burden to

United Automobile Insurance Co. v. Affiliated Healthcare Centers, Inc.

43 So. 3d 127, 2010 Fla. App. LEXIS 12405, 2010 WL 3324683

District Court of Appeal of Florida | Filed: Aug 25, 2010 | Docket: 60295408

Cited 5 times | Published

decision. This petition followed. II. ANALYSIS Section 90.803(6)(a), Florida Statutes (2009), contains the

To v. Department of Children and Families

21 So. 3d 173, 2009 Fla. App. LEXIS 17242, 2009 WL 3837159

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 1656085

Cited 5 times | Published

's and S.O.'s hearsay statements pursuant to section 90.803(23), Florida Statutes (2008).[2] The trial

Roberts v. State

990 So. 2d 671, 2008 WL 4146760

District Court of Appeal of Florida | Filed: Sep 18, 2008 | Docket: 1292234

Cited 5 times | Published

treatment. An exception to the hearsay rule, section 90.803(4), Florida Statutes, provides: Statements

Yisrael v. State

986 So. 2d 491, 2008 WL 450398

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1428493

Cited 5 times | Published

Florida's business-records exception appears in section 90.803(6)(a), Florida Statutes (2004).[6] To secure

Hernandez v. State

979 So. 2d 1013, 2008 WL 582504

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1408129

Cited 5 times | Published

qualified as adoptive admissions by Hernandez. See § 90.803(18)(b), Fla. Stat. (reciting hearsay exception

Barnes v. State

970 So. 2d 332, 2007 WL 4191972

Supreme Court of Florida | Filed: Nov 29, 2007 | Docket: 1694725

Cited 5 times | Published

admissible against defendant as admissions under section 90.803(18), Florida Statutes (citing Charles W. Ehrhardt

State v. Hosty

944 So. 2d 255, 2006 WL 3228789

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649497

Cited 5 times | Published

importance: AS IT APPLIES TO A DISABLED ADULT, IS SECTION 90.803(24), FLORIDA STATUTES (2001), VIOLATIVE OF

JAS v. State

920 So. 2d 759, 2006 WL 305439

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1441061

Cited 5 times | Published

excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (2004). In an attempt to establish

King v. Auto Supply of Jupiter, Inc.

917 So. 2d 1015, 2006 WL 20470

District Court of Appeal of Florida | Filed: Jan 5, 2006 | Docket: 447799

Cited 5 times | Published

rule under the business records exception. See § 90.803(6), Fla. Stat. The JCC considered the motion the

Rivera v. State

917 So. 2d 210, 2005 WL 2175443

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1509623

Cited 5 times | Published

[1] § 893.03(2)(a)4, Fla. Stat. (2002). [2] § 90.803(6), Fla. Stat. (2002).

State v. Billie

881 So. 2d 637, 2004 WL 1781346

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1748685

Cited 5 times | Published

defendant at the retrial, as an admission. See § 90.803(18), Fla. Stat., (2003). The parties are in agreement

State v. Hernandez

875 So. 2d 1271, 2004 WL 1354252

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 1684056

Cited 5 times | Published

in response to the co-defendant's remarks. See, § 90.803(18)(b), Fla. Stat. (2003); Charles W. Ehrhardt

Neiner v. State

875 So. 2d 699, 2004 WL 1196559

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1284103

Cited 5 times | Published

records custodian qualified to testify under section 90.803(7), Florida Statutes, as to the "absence of

Reichenberg v. Davis

846 So. 2d 1233, 2003 WL 21297232

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1301655

Cited 5 times | Published

business records exception to the hearsay rule, section 90.803(6), Florida Statutes (2002). In the case of

Colwell v. State

838 So. 2d 670, 2003 WL 728398

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 461417

Cited 5 times | Published

instructions. FULMER and KELLY, JJ., Concur. NOTES [1] § 90.803, Fla. Stat. (2001) [2] Had the trial court ruled

Dwg v. Dept. of Children & Families

833 So. 2d 238, 2002 Fla. App. LEXIS 19167, 2002 WL 31870178

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1258857

Cited 5 times | Published

reliability of the statements as required by section 90.803(23). The court held a hearing to determine

Abreu v. State

804 So. 2d 442, 2001 WL 1266280

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1334709

Cited 5 times | Published

although authorized by the evidence code, in section 90.803(22), Florida Statutes (2000), violated Abreu's

Wilcox v. State

770 So. 2d 733, 2000 WL 1671517

District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 1779338

Cited 5 times | Published

Ernest picked up a knife," was admissible under section 90.803(2) as an excited utterance exception to the

State v. Frazier

753 So. 2d 644, 2000 WL 235126

District Court of Appeal of Florida | Filed: Mar 3, 2000 | Docket: 1433790

Cited 5 times | Published

given for purposes of diagnosis or treatment. See § 90.803(4), Fla. Stat. The rationale of the exception

Eb v. Dept. Children Fam. Serv.

733 So. 2d 1145

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 426592

Cited 5 times | Published

M.B. is based on the hearsay exception of section 90.803(23), Florida Statutes, which is limited to

Carrillo v. State

727 So. 2d 1047, 1999 WL 77245

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 1729939

Cited 5 times | Published

properly admitted into evidence pursuant to section 90.803(18), Florida Statutes (1995).

Heckford v. Florida Dept. of Corrections

699 So. 2d 247, 1997 WL 235121

District Court of Appeal of Florida | Filed: May 12, 1997 | Docket: 754785

Cited 5 times | Published

this case admitted Dr. Ferrer's report under section 90.803(6), Florida Statutes, the business records

State v. Skolar

692 So. 2d 309, 1997 WL 216201

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 435903

Cited 5 times | Published

spontaneous statement exceptions to the hearsay rule.[3] § 90.803; Allison v. State, 661 So.2d 889, 894 (Fla. 2d

Snell v. State

658 So. 2d 1165, 1995 WL 456265

District Court of Appeal of Florida | Filed: Aug 2, 1995 | Docket: 80809

Cited 5 times | Published

to the hearsay rule as a business record. See § 90.803(6), Fla. Stat. (1993). Thus, we do not find merit

Usher v. State

642 So. 2d 29, 1994 WL 419074

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 549844

Cited 5 times | Published

hearsay statements made by Kay pursuant to section 90.803(18)(e), Florida Statutes (1991), the coconspirator

State v. Pardo

582 So. 2d 1225, 1991 WL 120781

District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 1716043

Cited 5 times | Published

qualify for the child victim hearsay exception, § 90.803(23), Florida Statutes (1989), must be excluded

Jones v. State

582 So. 2d 110, 1991 WL 116853

District Court of Appeal of Florida | Filed: Jul 2, 1991 | Docket: 1715898

Cited 5 times | Published

sexual abuse was properly admitted. Pursuant to section 90.803(23), Florida Statutes (1989), the trial court

Bell v. State

569 So. 2d 1322, 1990 WL 175061

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 873447

Cited 5 times | Published

This rule applies to statements admitted under section 90.803(23), Florida Statutes. See Jaggers v. State

Fricke v. State

561 So. 2d 597, 1990 WL 37419

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1480406

Cited 5 times | Published

in evidence C.S.'s five hearsay statements, Section 90.803(23)(a), Florida Statutes (1987), provides that

Fricke v. State

561 So. 2d 597, 1990 WL 37419

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1480406

Cited 5 times | Published

in evidence C.S.'s five hearsay statements, Section 90.803(23)(a), Florida Statutes (1987), provides that

Dykes v. Quincy Telephone Co.

539 So. 2d 503, 1989 WL 12444

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 452812

Cited 5 times | Published

into evidence is pursuant to the provisions of Section 90.803(8), Florida Statutes (1983), authorizing the

City of Fort Lauderdale v. UNEMP. APP. COM'N

536 So. 2d 1074, 1988 WL 117545

District Court of Appeal of Florida | Filed: Nov 9, 1988 | Docket: 1759669

Cited 5 times | Published

admissible as an exception to the hearsay rule under section 90.803(6), Florida Statutes (1987). The lab report

Cook v. State

531 So. 2d 1369, 1988 WL 97958

District Court of Appeal of Florida | Filed: Sep 27, 1988 | Docket: 1528652

Cited 5 times | Published

child's out-of-court statements, pursuant to section 90.803(23), Florida Statutes. This enactment provides

Romani v. State

528 So. 2d 15, 1988 WL 50675

District Court of Appeal of Florida | Filed: May 24, 1988 | Docket: 1367920

Cited 5 times | Published

addressing the first issue defendant raises. Under section 90.803(18)(e), Florida Statutes (1987), hearsay statements

Smelley v. State

500 So. 2d 318, 12 Fla. L. Weekly 114

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1295289

Cited 5 times | Published

the victim's statements were admissible under Section 90.803(1) and (2),[1] as both spontaneous statement

Brunson v. State

492 So. 2d 1155, 11 Fla. L. Weekly 1763

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 441618

Cited 5 times | Published

DCA), cert. denied, 257 So.2d 257 (Fla. 1971); § 90.803(1), Fla. Stat. (1985). Second, he claims that

In re Amendments to the Florida Evidence Code

210 So. 3d 1231

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 60294194

Cited 4 times | Published

section 1, Laws of Florida, which amended section 90.803(24), Florida Statutes (2013) (Hearsay exceptions;

Channell v. Deutsche Bank National Trust Co.

173 So. 3d 1017, 2015 Fla. App. LEXIS 9515, 2015 WL 3875949

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60250192

Cited 4 times | Published

exception to the bar on hearsay admissibility. § 90.803(6), Fla. Stat. (2014). In laying the foundational

Colson v. State Farm Bank, F.S.B.

183 So. 3d 1038, 2015 Fla. App. LEXIS 5444, 2015 WL 1650300

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2649589

Cited 4 times | Published

representative failed to meet the requirement of section 90.803(6), Florida Statutes (2013), and WAMCO

Colson v. State Farm Bank, F.S.B.

183 So. 3d 1038, 2015 Fla. App. LEXIS 5444, 2015 WL 1650300

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2649589

Cited 4 times | Published

representative failed to meet the requirement of section 90.803(6), Florida Statutes (2013), and WAMCO

In the Interest of A.B. v. R.B.

186 So. 3d 544, 2015 WL 968556

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60253883

Cited 4 times | Published

the absence of corroborative evidence under section 90.803(23), Florida Statutes (2013), the trial court

Henderson v. State

135 So. 3d 472, 2014 Fla. App. LEXIS 4216, 2014 WL 1133309

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239651

Cited 4 times | Published

was admissible under the hearsay exception in section 90.803(18). See Love v. State, 971 So.2d 280, 286

Davis v. State

121 So. 3d 462, 2013 WL 3334954

Supreme Court of Florida | Filed: Jul 8, 2013 | Docket: 60234437

Cited 4 times | Published

of excitement caused by the event or condition. § 90.803, Fla. Stat. (2009). A trial court’s decision to

Linic v. State

80 So. 3d 382, 2012 WL 385497, 2012 Fla. App. LEXIS 1771

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305700

Cited 4 times | Published

receptionist was a “person with knowledge” under section 90.803(6), Florida Statutes; and (2) as the State

Linic v. State

80 So. 3d 382, 2012 WL 385497, 2012 Fla. App. LEXIS 1771

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60305700

Cited 4 times | Published

receptionist was a “person with knowledge” under section 90.803(6), Florida Statutes; and (2) as the State

Elghomari v. State

66 So. 3d 416, 2011 Fla. App. LEXIS 12643, 2011 WL 3476877

District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 60301880

Cited 4 times | Published

hearsay statement by the victim pursuant to section 90.803(23), Florida Statutes (2009). He contends that

McKown v. State

46 So. 3d 174, 2010 Fla. App. LEXIS 16292, 2010 WL 4226262

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2400777

Cited 4 times | Published

laid for their authenticity or reliability. Section 90.803(6)(a), Florida Statutes (2009), requires that

Arce v. Wackenhut Corp.

40 So. 3d 813, 2010 Fla. App. LEXIS 9869, 2010 WL 2670881

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1667158

Cited 4 times | Published

records exception to the hearsay rule codified in section 90.803(8) of the Florida Statutes (2008). In the balance

Hernandez v. State

31 So. 3d 873, 2010 Fla. App. LEXIS 3342, 2010 WL 934029

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 1647640

Cited 4 times | Published

inadmissible. See § 90.802, Fla. Stat. (2008). Section 90.803(5), Florida Statutes (2008), provides an exception

Whitehead v. State

22 So. 3d 846, 2009 Fla. App. LEXIS 18429, 2009 WL 4282071

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 60267123

Cited 4 times | Published

the purpose of medical diagnosis or treatment. § 90.803(4), Fla. Stat. (2008). Pursuant to our holdings

MS v. Department of Children and Families

6 So. 3d 102, 2009 Fla. App. LEXIS 2942, 2009 WL 838285

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1212572

Cited 4 times | Published

service records as a business record pursuant to section 90.803(6), Florida Statutes. Because the documents

DML v. State

976 So. 2d 670, 2008 WL 724024

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1274879

Cited 4 times | Published

subsequent act of swinging the bat at D.M.L. See § 90.803(3) (providing that a hearsay exception exists

Yisrael v. State

993 So. 2d 952, 33 Fla. L. Weekly Supp. 577, 2008 Fla. LEXIS 223, 2008 WL 5083515

Supreme Court of Florida | Filed: Feb 21, 2008 | Docket: 64856305

Cited 4 times | Published

Florida’s business-records exception appears in section 90.803(6)(a), Florida Statutes (2004).6 To secure

Moore v. State

943 So. 2d 296, 2006 WL 3486812

District Court of Appeal of Florida | Filed: Dec 5, 2006 | Docket: 1526868

Cited 4 times | Published

testify to the child's hearsay statements. Section 90.803(23), Florida Statutes, governs the admission

Dorsey v. Reddy

931 So. 2d 259, 2006 WL 1707986

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 1522298

Cited 4 times | Published

were admissible as a hearsay exception under section 90.803(3) because the plans of Dr. Boyer, Dr. Stowe

Corona v. State

929 So. 2d 588, 2006 WL 1144187

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1392472

Cited 4 times | Published

"unavailable" as a witness within the meaning of section 90.803(23), Florida Statutes. The court explained:

GH v. State

896 So. 2d 833, 2005 WL 405500

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1683493

Cited 4 times | Published

provide sufficient safeguards of reliability. See § 90.803(23)(a)(1), Fla. Stat. (2004); State v. Townsend

Neeley v. State

883 So. 2d 861, 2004 WL 2093236

District Court of Appeal of Florida | Filed: Aug 31, 2004 | Docket: 1369644

Cited 4 times | Published

The first is the business records exception. See § 90.803(6)(a), Fla. Stat. (2001). The second is the exception

Ortiz v. State

869 So. 2d 1278, 2004 WL 840253

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 1175339

Cited 4 times | Published

2d 351 (1987)). On this basis it found that section 90.803(23), involving a hearsay exception for child

Perera v. State

873 So. 2d 389, 2004 WL 784503

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1732858

Cited 4 times | Published

dismissed as an admission by a party opponent. See § 90.803(18), Fla. Stat. (2002). Even if counsel had raised

Perera v. State

873 So. 2d 389, 2004 WL 784503

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1732858

Cited 4 times | Published

dismissed as an admission by a party opponent. See § 90.803(18), Fla. Stat. (2002). Even if counsel had raised

Bell v. State

847 So. 2d 558, 2003 WL 21339448

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1290159

Cited 4 times | Published

excitement caused by the event or condition." § 90.803(2), Fla. Stat. (2001). The Florida Supreme Court

Kimbrough v. State

846 So. 2d 540, 2003 WL 1027760

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1301652

Cited 4 times | Published

admit the tape as a past recollection recorded. Section 90.803(5), Florida Statutes (2000), provides an exception

Presley v. State

839 So. 2d 813, 2003 WL 728887

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1708039

Cited 4 times | Published

eye-witness neighbor) as an excited utterance. § 90.803(2), Fla. Stat. (2001); cf. Foster v. State, 804

Bales v. State

793 So. 2d 87, 2001 WL 912945

District Court of Appeal of Florida | Filed: Aug 15, 2001 | Docket: 1678028

Cited 4 times | Published

excitement caused by the event or condition. See § 90.803(2), Fla. Stat. (2000). Accordingly, we reverse

Mann v. State

787 So. 2d 130, 2001 WL 417330

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 1495760

Cited 4 times | Published

examination were based solely on relevance. [5] See § 90.803(6), Fla. Stat. (1976). [*] Miranda v. Arizona

RU v. Department of Children & Families

777 So. 2d 1153, 2001 Fla. App. LEXIS 1356, 2001 WL 121091

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 462079

Cited 4 times | Published

the abuse or offense" within the meaning of section 90.803(23), Florida Statutes (2000). On February 21

National Union Fire Ins. Co. v. Blackmon

754 So. 2d 840, 2000 WL 354199

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 1523478

Cited 4 times | Published

of a regularly conducted business activity. See § 90.803(6), Fla. Stat. (1995). At trial, Faass denied

Baber v. State

738 So. 2d 379, 24 Fla. L. Weekly Fed. D 1478

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1502971

Cited 4 times | Published

under the business record hearsay exception, section 90.803(6)(a), Florida Statutes (1995). The state also

Williams v. State

734 So. 2d 1149, 1999 WL 360150

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 2535999

Cited 4 times | Published

evidence under the business records exception of section 90.803(6), Fla. Stat. Neither point has merit. The

Haynes v. State

729 So. 2d 498, 1999 WL 168903

District Court of Appeal of Florida | Filed: Mar 30, 1999 | Docket: 1171260

Cited 4 times | Published

opponent are admissible as substantive evidence. See § 90.803(18), Fla.Stat.; Tarver v. State, 571 So.2d 98

Layman v. State

728 So. 2d 814, 1999 WL 128704

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1254335

Cited 4 times | Published

admissible under the hearsay exception set forth in section 90.803(3), Florida Statutes, as evidence of the victim's

Willis v. State

727 So. 2d 952, 1998 WL 733044

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1730188

Cited 4 times | Published

admissible as an exception to the hearsay rule under section 90.803(2), Florida Statutes (1997) ("A statement or

BLN v. State

722 So. 2d 860, 1998 WL 798827

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 1241711

Cited 4 times | Published

restitution. The estimates do not qualify under section 90.803(6), Florida Statutes, which provides a hearsay

State v. Adams

683 So. 2d 517, 1996 WL 354412

District Court of Appeal of Florida | Filed: Jun 28, 1996 | Docket: 1514973

Cited 4 times | Published

rule carried over into present evidence code, section 90.803, Florida Statutes (1979)); Alexander v. State

In Interest of Rlr

647 So. 2d 251, 1994 Fla. App. LEXIS 11371, 1994 WL 660761

District Court of Appeal of Florida | Filed: Nov 28, 1994 | Docket: 1524804

Cited 4 times | Published

to make findings sufficient to comply with section 90.803(23) of the Florida Evidence Code ("Hearsay

Seifert v. State

616 So. 2d 1044, 1993 WL 75785

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 1726599

Cited 4 times | Published

he contends did not meet the requirements of section 90.803(23), Florida Statutes (1989). Thus, he specifically

Andres v. Gilberti

592 So. 2d 1250, 1992 WL 16636

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 1728075

Cited 4 times | Published

cautionary language referred to above. LAW Section 90.803(6), Florida Statutes (1987), provides for the

Johnson v. State

581 So. 2d 220, 1991 WL 95632

District Court of Appeal of Florida | Filed: Jun 7, 1991 | Docket: 1683867

Cited 4 times | Published

Miller v. State, 545 So.2d 343 (Fla. 2d DCA 1989); § 90.803(18)(e), Fla. Stat. (1987). The only evidence the

Russell v. State

572 So. 2d 940, 1990 WL 183817

District Court of Appeal of Florida | Filed: Nov 29, 1990 | Docket: 479658

Cited 4 times | Published

admitted as an excited utterance pursuant to section 90.803(2), Florida Statutes (1989) and the second

State v. Escobar

570 So. 2d 1343, 1990 WL 129955

District Court of Appeal of Florida | Filed: Sep 11, 1990 | Docket: 1704232

Cited 4 times | Published

admissible as an admission against interest under section 90.803(18), Florida Statutes (1987).[2] The fact that

Lacue v. State

562 So. 2d 388, 1990 WL 70616

District Court of Appeal of Florida | Filed: May 30, 1990 | Docket: 640614

Cited 4 times | Published

to comply with the statutory requirements of section 90.803(23), Florida Statutes (1987), also warrants

Danzy v. State

553 So. 2d 380, 1989 WL 148433

District Court of Appeal of Florida | Filed: Dec 11, 1989 | Docket: 1258875

Cited 4 times | Published

or diagnosis exception to the hearsay rule, Section 90.803(4), Florida Statutes (1987). This exception

Avila v. State

545 So. 2d 450, 1989 WL 65874

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 1345165

Cited 4 times | Published

or explain the declarant's subsequent conduct. § 90.803(3)(a), Florida Statutes (1987). At trial, Tony's

Miller v. State

545 So. 2d 343, 1989 WL 52128

District Court of Appeal of Florida | Filed: May 19, 1989 | Docket: 1345010

Cited 4 times | Published

statement was admissible against Miller, Jr. under section 90.803(18)(e), Florida Statutes (1987), the coconspirator

DEPT. OF GENERAL SERV. v. English

509 So. 2d 1198, 12 Fla. L. Weekly 1567

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1362593

Cited 4 times | Published

regularly conducted business activity as defined in Section 90.803(6), Florida Statutes (1985): A memorandum,

University of North Florida v. Unemployment Appeals Commission

445 So. 2d 1062, 16 Educ. L. Rep. 678, 1984 Fla. App. LEXIS 12013

District Court of Appeal of Florida | Filed: Feb 13, 1984 | Docket: 1685454

Cited 4 times | Published

records exception to the hearsay *1063 rule, Section 90.803(8), Florida Statutes (1981), and that there

Williams v. State

406 So. 2d 86

District Court of Appeal of Florida | Filed: Nov 23, 1981 | Docket: 232708

Cited 4 times | Published

31, 1979. This testimony was admissible under § 90.803(7) Fla. Stat. (1979), and was sufficient to prove

Jackson v. Household Fin. Corp. III

236 So. 3d 1170

District Court of Appeal of Florida | Filed: Jan 31, 2018 | Docket: 64672602

Cited 3 times | Published

rule barring the admission of hearsay testimony. § 90.803(6), Fla. Stat. (2014). This business records exception

Beckman v. State

230 So. 3d 77

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148142

Cited 3 times | Published

utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (2013). “Whether the necessary

Gayle v. State

216 So. 3d 656, 2017 WL 1403607, 2017 Fla. App. LEXIS 5368

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265462

Cited 3 times | Published

admission under the business records exception. See § 90.803(6), Fla. Stat. (2015); Yisrael v. State, 993 So

Ocwen Loan Servicing, LLC v. Gundersen

204 So. 3d 530, 2016 Fla. App. LEXIS 14533

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 63630622

Cited 3 times | Published

custodian or other qualified witness [[Image here]] § 90.803(6)(a), Fla. Stat. In order for a document to be

Hidden Ridge Condominium Homeowners Ass'n v. Onewest Bank, N.A.

183 So. 3d 1266, 2016 Fla. App. LEXIS 1152, 2016 WL 347321

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 60252958

Cited 3 times | Published

offer various documents at trial, pursuant to section 90.803(6)(c), Florida Statutes (2013). The notice

Lindsey v. Cadence Bank, N. A.

135 So. 3d 1164, 2014 WL 1632241, 2014 Fla. App. LEXIS 6018

District Court of Appeal of Florida | Filed: Apr 24, 2014 | Docket: 60239456

Cited 3 times | Published

contends that the printouts are admissible under section 90.803(6), Florida Statutes, which provides an exception

Holborough v. State

103 So. 3d 221, 2012 WL 5933008, 2012 Fla. App. LEXIS 20448

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227007

Cited 3 times | Published

qualified as a public record for the purpose of the section 90.803(8) exception to the hearsay rule for public

Elmer v. State

114 So. 3d 198, 2012 WL 4838884, 2012 Fla. App. LEXIS 17748

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60231795

Cited 3 times | Published

admissible as a recorded recollection, pursuant to section 90.803(5), Florida Statutes (2010). A proffer of Detective

Mortimer v. State

100 So. 3d 99, 2012 WL 3711413, 2012 Fla. App. LEXIS 14492

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60226109

Cited 3 times | Published

the application of another hearsay exception, section 90.803(23), Florida Statutes (1985) did not violate

Hall v. State

92 So. 3d 223, 2012 Fla. App. LEXIS 5544, 2012 WL 1192031

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 60310167

Cited 3 times | Published

constituted admissible hearsay evidence pursuant to section 90.803(18), Florida Statutes. Thus, the evidence on

Citizens Property Insurance Corp. v. Ashe

50 So. 3d 645, 2010 Fla. App. LEXIS 17891, 2010 WL 4628915

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60297329

Cited 3 times | Published

admissible as statements against interest under section 90.803(18), Florida Statutes (2003). Hamilton rejected

Womack v. State

42 So. 3d 878, 2010 Fla. App. LEXIS 12173, 2010 WL 3239086

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1927720

Cited 3 times | Published

testimony constituted a spontaneous statement. See § 90.803(1), Fla. Stat. (2008). For all of these reasons

Pulcini v. State

41 So. 3d 338, 2010 Fla. App. LEXIS 10569, 2010 WL 2882466

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2399257

Cited 3 times | Published

"Self-serving statements are not admissible under section 90.803(18)," see Lott v. State, 695 So.2d 1239, 1243

Citizens Property Insurance Corp. v. Hamilton

43 So. 3d 746, 2010 Fla. App. LEXIS 9885, 2010 WL 2671808

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 60295468

Cited 3 times | Published

as statements against interest, pursuant to section 90.803(18), Florida Statutes (2003). Appellees respond

Citizens Property Insurance Corp. v. Hamilton

43 So. 3d 746, 2010 Fla. App. LEXIS 9885, 2010 WL 2671808

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 60295468

Cited 3 times | Published

as statements against interest, pursuant to section 90.803(18), Florida Statutes (2003). Appellees respond

Bass v. State

35 So. 3d 43, 2010 Fla. App. LEXIS 4180, 2010 WL 1347319

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1646187

Cited 3 times | Published

statements made by the victim were admissible under section 90.803(23), Florida Statutes, the statements were

Chavez v. State

25 So. 3d 49, 2009 Fla. App. LEXIS 19049, 2009 WL 4591048

District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1195250

Cited 3 times | Published

under the state of mind exception found in section 90.803(3), Florida Statutes. We agree with the trial

Rutledge v. State

1 So. 3d 1122, 2009 Fla. App. LEXIS 339, 2009 WL 127784

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653978

Cited 3 times | Published

that the "state of mind" hearsay exception in section 90.803(3), *1129 Florida Statutes (2005), applied

Thomas v. State

993 So. 2d 105, 2008 WL 4629572

District Court of Appeal of Florida | Filed: Oct 21, 2008 | Docket: 1516371

Cited 3 times | Published

exception[4] to the rule excluding hearsay. See § 90.803(6), Fla. Stat. (2007). The trial court erred in

Diaz v. State

980 So. 2d 1275, 2008 WL 2038030

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1735984

Cited 3 times | Published

complete findings of reliability required by section 90.803(23)(a)(c), Florida Statutes. Following an evidentiary

Vanevery v. State

980 So. 2d 1105, 2008 WL 372809

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1735734

Cited 3 times | Published

excited utterance or spontaneous statement under section 90.803(1)(2), Florida Statutes (2005). Although testimonial

Butler v. State

970 So. 2d 919, 2007 WL 4561593

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1695272

Cited 3 times | Published

record exception to the hearsay rule under section 90.803(6), Florida Statutes (2006), if production

Leigh v. State

967 So. 2d 1102, 2007 WL 3354358

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1408460

Cited 3 times | Published

traffic in cocaine. Pursuant to Florida Statutes section 90.803(18)(e), the following hearsay is admissible:

Mitchell v. State

965 So. 2d 246, 2007 WL 2609441

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 447082

Cited 3 times | Published

excited utterance or spontaneous statement. Section 90.803(1) provides an exception to the hearsay rule

Casamassina v. US Life Ins. Co.

958 So. 2d 1093, 2007 WL 1753557

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1413909

Cited 3 times | Published

U.S. Life complied with the requirements of section 90.803(6)(a), Florida Statutes (2006), which provides

Casamassina v. US Life Ins. Co.

958 So. 2d 1093, 2007 WL 1753557

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1413909

Cited 3 times | Published

U.S. Life complied with the requirements of section 90.803(6)(a), Florida Statutes (2006), which provides

Veltre v. State

957 So. 2d 47, 2007 WL 1264090

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 1678864

Cited 3 times | Published

the statement as a hearsay exception under section 90.803(1), Florida Statutes. The trial court found

Shennett v. State

937 So. 2d 287, 2006 WL 2612895

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1513189

Cited 3 times | Published

exception[1] to the hearsay rule, contained at section 90.803(1), Florida Statutes (2005). The crucial question

Sylvis v. State

916 So. 2d 915, 2005 WL 3076600

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1659496

Cited 3 times | Published

statements against interest, and an admission under section 90.803(18), Florida Statutes (2003). The FPC noted

Saffold v. State

911 So. 2d 255, 2005 WL 2373438

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1500730

Cited 3 times | Published

hearing regarding child hearsay statements, see § 90.803(23), Florida Statutes (2003), and also testified

Jackson v. State

877 So. 2d 816, 2004 WL 1496855

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1684528

Cited 3 times | Published

"qualified witness" to testify about the records. § 90.803(6)(a), Fla. Stat. (2002). Jackson complains that

Viglione v. State

861 So. 2d 511, 2003 WL 22927154

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 168160

Cited 3 times | Published

statement or an excited utterance, pursuant to section 90.803(1) and (2).[5] The victim's calls for help

Beber v. State

853 So. 2d 576, 2003 WL 22056036

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660279

Cited 3 times | Published

admitted as substantive evidence, pursuant to section 90.803(23)(a), Florida Statutes. That section provides:

Harmon v. State

854 So. 2d 697, 2003 WL 21817494

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1460109

Cited 3 times | Published

admissible as an exception to the hearsay rule. Section 90.803(2), Florida Statutes (2001), allows the admission

Harmon v. State

854 So. 2d 697, 2003 WL 21817494

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1460109

Cited 3 times | Published

admissible as an exception to the hearsay rule. Section 90.803(2), Florida Statutes (2001), allows the admission

Mikler v. State

829 So. 2d 932, 2002 WL 31255467

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 1454402

Cited 3 times | Published

trial court ruled that it was admissible under section 90.803(23), Florida Statutes (2001), the state played

Benardo v. DOR EX REL. REILLY

819 So. 2d 161

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1496301

Cited 3 times | Published

"in accordance with the requirements of Florida Statute 90.803(6), governing the admission of business

Hughes v. Slomka

807 So. 2d 98, 2002 WL 53899

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 1750922

Cited 3 times | Published

treatment notes implied that he did not do so. See § 90.803(7), Fla Stat. (1999) (providing evidence that

Hughes v. Slomka

807 So. 2d 98, 2002 WL 53899

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 1750922

Cited 3 times | Published

treatment notes implied that he did not do so. See § 90.803(7), Fla Stat. (1999) (providing evidence that

Barfield v. Department of Health

805 So. 2d 1008, 2001 WL 1613797

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 1669652

Cited 3 times | Published

as business records or public records under section 90.803(6) or (8), Florida Statutes (1999). Barfield

KEA v. State

802 So. 2d 410, 2001 WL 1538064

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1332841

Cited 3 times | Published

form as past recollection recorded, under *412 section 90.803(5), Florida Statutes (1999), an exception to

Everett v. State

801 So. 2d 189, 2001 WL 1538056

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1744745

Cited 3 times | Published

circumstances that indicate its lack of trustworthiness. § 90.803(3), Fla. Stat. (2000). Appellant contends McGowan's

Miller v. State

780 So. 2d 277, 2001 WL 219299

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1298411

Cited 3 times | Published

falls within the hearsay exception contained in section 90.803(3)(a)(2), Florida Statutes (1995),[2] and explains

Millien v. State

766 So. 2d 475, 2000 WL 1345946

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329415

Cited 3 times | Published

state of mind to prove subsequent conduct. See § 90.803(3), Flat. Stat.[1] Millien argues that the hearsay

Edwards v. State

763 So. 2d 549, 2000 WL 1055793

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 1681678

Cited 3 times | Published

and the statement describing the event. Under Section 90.803(2) [excited utterance] it is not necessary

Ghelichkhani v. State

765 So. 2d 185, 2000 WL 991664

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 2552141

Cited 3 times | Published

that certain criteria are met. Specifically, section 90.803(23), Florida Statutes (Supp.1998), provides

Reyner v. State

745 So. 2d 1071, 1999 WL 1036512

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1294591

Cited 3 times | Published

was sufficient corroborative evidence under section 90.803(23)(a)2 b., Florida Statutes (1997), to allow

Doe v. Broward County School Bd.

744 So. 2d 1068, 1999 WL 743613

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1380570

Cited 3 times | Published

admissible under the child victim hearsay exception, section 90.803(23), Florida Statutes (1997). The trial court

Janson v. State

730 So. 2d 734, 1999 WL 110758

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1755403

Cited 3 times | Published

child victims introduced into evidence under section 90.803(23) shall not be allowed into the *735 jury

Adams v. State

727 So. 2d 997, 1999 WL 43521

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1729961

Cited 3 times | Published

Kimbrell's hearsay testimony were admissible under section 90.803(3)(a)(2), Florida Statutes (1993) (to prove

Brown v. International Paper Co.

710 So. 2d 666, 1998 WL 193115

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 1445360

Cited 3 times | Published

v. Roman, 645 So.2d 547 (Fla. 1st DCA 1994); § 90.803(6), Fla. Stat. (1995). Brown's time sheet, however

Johnson v. State

691 So. 2d 43, 1997 WL 155122

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 467132

Cited 3 times | Published

attempt to introduce those records in this case. § 90.803(6), Fla. Stat. (1995); Williams v. State, 666

Carter v. State

687 So. 2d 327, 1997 WL 39603

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1718596

Cited 3 times | Published

Jones v. State, 440 So.2d 570 (Fla. 1983) and section 90.803(3)(a), Florida Statutes. These authorities

Brock v. State

676 So. 2d 991, 1996 WL 310164

District Court of Appeal of Florida | Filed: Jun 11, 1996 | Docket: 1317548

Cited 3 times | Published

for admission of the test results pursuant to section 90.803(6), Florida Statutes, and Love v. Garcia, 634

State v. Gibson

670 So. 2d 1006, 1996 WL 60460

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 1671317

Cited 3 times | Published

failure to make specific findings mandated by section 90.803(23), Florida Statutes (1987), is not fundamental

State v. Dupree

656 So. 2d 430, 1995 WL 215026

Supreme Court of Florida | Filed: Apr 13, 1995 | Docket: 1283485

Cited 3 times | Published

requisite ten days' notice of intention to rely on section 90.803(23), Florida Statutes (1993), with regard to

Arney v. State

652 So. 2d 437, 1995 WL 111507

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1517975

Cited 3 times | Published

were insufficient to meet the requirements of section 90.803(23) of the Florida Evidence Code, as those

Belcher v. State

646 So. 2d 231, 1994 WL 576096

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 1405425

Cited 3 times | Published

would not qualify as early outcry, pursuant to section 90.803(1), (2) or (3), Florida Statutes (1991). The

Lages v. State

640 So. 2d 151, 1994 WL 390758

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 1371549

Cited 3 times | Published

without merit for the following reasons. First, section 90.803(4), Florida Statutes (1991), includes as a

Otis Elevator Co. v. Youngerman

636 So. 2d 166, 1994 Fla. App. LEXIS 3830, 1994 WL 149845

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1362116

Cited 3 times | Published

and fell. The statement was admissible under section 90.803(4) as pertinent to diagnosis and treatment

Diaz v. State

618 So. 2d 346, 1993 WL 154275

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 1720268

Cited 3 times | Published

that the trial court erred in admitting, under section 90.803(23), Florida Statutes (1991), the prior hearsay

Lew v. State

616 So. 2d 613, 1993 WL 104881

District Court of Appeal of Florida | Filed: Apr 9, 1993 | Docket: 137596

Cited 3 times | Published

the investigating officer. We recognize that section 90.803(23), Florida Evidence Code, (the hearsay exception

Chaney v. Winn Dixie Stores, Inc.

605 So. 2d 527, 1992 WL 227763

District Court of Appeal of Florida | Filed: Sep 16, 1992 | Docket: 1702301

Cited 3 times | Published

allege a Winn Dixie employee made to them. Section 90.803(18)(d), Florida Statutes (1991) authorizes

Hopkins v. State

608 So. 2d 33, 1992 WL 170976

District Court of Appeal of Florida | Filed: Aug 24, 1992 | Docket: 1449059

Cited 3 times | Published

appeal under a closely analogous provision in section 90.803(23), Florida Statutes. Our holding also appears

Anderson v. State

598 So. 2d 276, 1992 WL 98548

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1472141

Cited 3 times | Published

court erred in also admitting, pursuant to section 90.803(23), Florida Statutes (1989), the child victim's

State v. Elkin

595 So. 2d 119, 1992 Fla. App. LEXIS 1200

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 64665826

Cited 3 times | Published

issue, are admissible in evidence pursuant to section 90.803(18), Florida Statutes (1989), and thus are

State v. Elkin

595 So. 2d 119, 1992 WL 25681

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 1299059

Cited 3 times | Published

issue, are admissible in evidence pursuant to section 90.803(18), Florida Statutes (1989), and thus are

James A. Cummings Inc. v. Larson

588 So. 2d 1066, 1991 WL 231854

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 1297548

Cited 3 times | Published

referred to the auto rather than the truck, section 90.803(4), Florida Statutes (1989), makes such information

Luszczyk v. DHRS

576 So. 2d 431

District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 1242868

Cited 3 times | Published

sufficient safeguards of reliability" as required by section 90.803(23), Florida Statutes (1989). III. Witnesses

Selver v. State

568 So. 2d 1331, 1990 WL 164985

District Court of Appeal of Florida | Filed: Oct 31, 1990 | Docket: 533475

Cited 3 times | Published

when such state is an issue in the action. Fla. Stat. 90.803(3)(a)1. In Peede the state of mind of the

Southern Bakeries, Inc. v. FLA. UNEMP. APPEALS COMM.

545 So. 2d 898, 1989 WL 23507

District Court of Appeal of Florida | Filed: Mar 15, 1989 | Docket: 1702997

Cited 3 times | Published

the Commission have failed properly to apply section 90.803(6), Florida Statutes (1987). This court, on

Perez v. State

500 So. 2d 725, 12 Fla. L. Weekly 243

District Court of Appeal of Florida | Filed: Jan 8, 1987 | Docket: 2526368

Cited 3 times | Published

judge in this case followed the provisions of section 90.803(23), Florida Statutes (1985), the child victim

Ritter v. Shamas

452 So. 2d 1057

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 2530111

Cited 3 times | Published

is admissible as a hearsay exception under Section 90.803(3)(a): (3) THEN EXISTING MENTAL, EMOTIONAL

Smith v. Fortune Ins. Co.

404 So. 2d 821, 1981 Fla. App. LEXIS 21293

District Court of Appeal of Florida | Filed: Oct 13, 1981 | Docket: 1783013

Cited 3 times | Published

exception to the hearsay rule. Florida Statutes, Section 90.803(18)(a); Hunt v. Seaboard Coastline Railroad

Cox v. State

394 So. 2d 237

District Court of Appeal of Florida | Filed: Feb 27, 1981 | Docket: 1692108

Cited 3 times | Published

have qualified as a hearsay exception under Section 90.803(6), Florida Statutes (1979).[1] Therefore,

Thompson v. State

247 So. 3d 706

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958929

Cited 2 times | Published

spontaneous statement under section 90.803(1) or an excited utterance under section 90.803(2), Florida Statutes

Roop v. State

228 So. 3d 633, 2017 WL 4393245

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163423

Cited 2 times | Published

excitement caused by the event or condition,” § 90.803(2), Fla. Stat. (2014); or (2) if it is “[a] spontaneous

Ring Power Corporation v. Condado-Perez

219 So. 3d 1028, 2017 WL 2672621, 2017 Fla. App. LEXIS 8991

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 6078175

Cited 2 times | Published

the report were subject to an exception under section 90.803. Finding the statement inadmissible through

Khalid Ali Pasha v. State of Florida

225 So. 3d 688, 42 Fla. L. Weekly Supp. 569, 2017 WL 1954975, 2017 Fla. LEXIS 1067

Supreme Court of Florida | Filed: May 11, 2017 | Docket: 6060823

Cited 2 times | Published

excitement caused by the event or condition.” § 90.803(2), Fla. Stat. (2012). “[T]o qualify as an excited

Carter v. State

226 So. 3d 268, 2017 Fla. App. LEXIS 5786, 2017 WL 1496270

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 60274314

Cited 2 times | Published

“against” the defendant and is his own statement. § 90.803(18)(a), Fla. Stat. (2014). A defendant’s attempt

Washburn v. Washburn

211 So. 3d 87

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 60262707

Cited 2 times | Published

was met. The wife argues that compliance with section 90.803(6)(c), Florida Statutes (2013), was satisfied

Sprouse v. State

208 So. 3d 785, 2016 Fla. App. LEXIS 18580

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 60258634

Cited 2 times | Published

hearsay exceptions. § 90.802, Fla. Stat. (2015). Section 90.803(24), Florida Statutes, creates a hearsay exception

James Justin Channell v. State of Florida

200 So. 3d 247, 2016 Fla. App. LEXIS 14755, 2016 WL 5746645

District Court of Appeal of Florida | Filed: Oct 4, 2016 | Docket: 4468674

Cited 2 times | Published

the state had laid a proper predicate under section 90.803(6)(a), Florida Statutes (2014) — the business

Platt v. State

201 So. 3d 775, 2016 Fla. App. LEXIS 14537

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257071

Cited 2 times | Published

introduce, under the child hearsay rule in section 90.803(23), Florida Statutes (2014), a video of S

Valeriy Bogatov, as Father and Representative of Alex Bogatov v. City of Hallandale Beach and Kidz Zone Playsystems, Inc.

192 So. 3d 600, 2016 WL 3002329, 2016 Fla. App. LEXIS 7972

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071377

Cited 2 times | Published

exception to hearsay under section 90.803(4), Florida Statutes (2012). Section 90.803(4), states: (4)

Bank of New York Mellon v. Johnson

185 So. 3d 594, 2016 Fla. App. LEXIS 1157, 2016 WL 347355

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 60253605

Cited 2 times | Published

business records exception to the hearsay rule. See § 90.803(6), Fla. Stat. (2014). The trial court explained

Onewest Bank, FSB v. Jasinski

173 So. 3d 1009, 2015 Fla. App. LEXIS 9028, 2015 WL 3646712

District Court of Appeal of Florida | Filed: Jun 12, 2015 | Docket: 60250190

Cited 2 times | Published

not satisfy the business records exception of section 90.803(6), Florida Statutes (2010). The court also

Kristy S. Holt v. Calchas, LLC

155 So. 3d 499, 2015 Fla. App. LEXIS 1039, 40 Fla. L. Weekly Fed. D 296

District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628637

Cited 2 times | Published

records exception to the hearsay rule. Section 90.803(6)(a), Florida Statutes (2013), provides:

Landmark American Insurance Company v. Pin-Pon Corporation and Lexington Insurance Company

155 So. 3d 432, 2015 Fla. App. LEXIS 189, 2015 WL 71849

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621554

Cited 2 times | Published

exception to the hearsay rule is set forth in section 90.803(6)(a), Florida Statutes (2011). For a record

Richard R. Mcdade v. State of Florida

154 So. 3d 292, 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3681, 2014 WL 6977944

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613861

Cited 2 times | Published

the recognized hearsay exceptions outlined in section 90.803 to be admitted into evidence. See Hutchinson

Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.

149 So. 3d 152, 2014 WL 5139296

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1422054

Cited 2 times | Published

document as a business record. See § 90.803(6), Fla. Stat. Finally, Deutsche Bank’s Exhibit

Taylor v. State

146 So. 3d 113, 2014 Fla. App. LEXIS 13453, 2014 WL 4249749

District Court of Appeal of Florida | Filed: Aug 29, 2014 | Docket: 60242808

Cited 2 times | Published

excitement caused by the event or condition.” § 90.803(2), Fla. Stat. For a statement to constitute an

State v. Davis

133 So. 3d 1101, 2014 WL 444041, 2014 Fla. App. LEXIS 1431

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238677

Cited 2 times | Published

document met the business records exception under section 90.803(6). In Yisrael v. State, 993 So.2d 952 (Fla

Jones v. State

127 So. 3d 622, 2013 WL 5729927, 2013 Fla. App. LEXIS 16766

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60236786

Cited 2 times | Published

qualified as a public record for the purpose of the section 90.803(8) exception to the hearsay rule for public

Brown v. State

113 So. 3d 134, 2013 WL 2232321, 2013 Fla. App. LEXIS 8167, 38 Fla. L. Weekly Fed. D 1145

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60231450

Cited 2 times | Published

testimony in King, the State had to comply with section 90.803(6), Florida Statutes. The State failed to do

Lassonde v. State

112 So. 3d 660, 2013 WL 1810612, 2013 Fla. App. LEXIS 6934

District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60231206

Cited 2 times | Published

874 (Fla. 4th DCA 2001) (citation omitted). Section 90.803(6)(a), Florida Statutes (2011), provides that

Lundberg v. State

127 So. 3d 562, 2012 Fla. App. LEXIS 20191, 2012 WL 5870104

District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60236754

Cited 2 times | Published

were admissible as a child hearsay statement. See § 90.803(23), Fla. Stat. Thus, not all of the evidence

Shorter v. State

98 So. 3d 685, 2012 WL 4511305, 2012 Fla. App. LEXIS 16720

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312524

Cited 2 times | Published

on the business record exception codified in section 90.803, Florida Statutes. Although the State contends

A.S. v. State

91 So. 3d 270, 2012 Fla. App. LEXIS 10811, 2012 WL 2579624

District Court of Appeal of Florida | Filed: Jul 5, 2012 | Docket: 60309881

Cited 2 times | Published

evidence to prove felony criminal mischief. Section 90.803(6), Florida Statutes (2003) provides a hearsay

Bowens v. State

80 So. 3d 1056, 2012 WL 280234, 2012 Fla. App. LEXIS 1323

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60305628

Cited 2 times | Published

conversation is admissible as a party admission under section 90.803(18)(a), Florida Statutes. Michael’s side of

Rodriguez v. State

77 So. 3d 649, 2011 Fla. App. LEXIS 12981, 2011 WL 3586154

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60304747

Cited 2 times | Published

and therefore admissible evidence pursuant to section 90.803(23), Florida Statutes (2008). Because the trial

DP v. State

65 So. 3d 123, 2011 WL 2652389

District Court of Appeal of Florida | Filed: Jul 5, 2011 | Docket: 2364210

Cited 2 times | Published

utterances" as an exception to the hearsay rule. § 90.803(2), Fla. Stat. (2003). See, e.g., Marshall v.

Stanley v. State

57 So. 3d 944, 2011 Fla. App. LEXIS 4362, 2011 WL 1135284

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299210

Cited 2 times | Published

excitement caused by the event or condition.” § 90.803(2), Fla. Stat. (2007). In Barron v. State, 990

Osagie v. State

58 So. 3d 307, 2011 Fla. App. LEXIS 2664, 2011 WL 710175

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299309

Cited 2 times | Published

that business to make such a record.”); see also § 90.803(6)(a), Fla. Stat. (2007) (“A memo*309randum, report

Akien v. State

44 So. 3d 152, 2010 Fla. App. LEXIS 11741, 2010 WL 3154832

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 2396508

Cited 2 times | Published

excitement caused by the event or condition." § 90.803(2), Fla. Stat. "[T]here must be "an event startling

Mid-Florida Freezer Warehouses, Ltd. v. Unemployment Appeals Commission

41 So. 3d 1014, 2010 Fla. App. LEXIS 11433, 2010 WL 3056607

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 1668378

Cited 2 times | Published

hearsay, not due to its belated disclosure. Section 90.803(6), Florida Statutes (2009), contains a hearsay

Polite v. State

41 So. 3d 935, 2010 Fla. App. LEXIS 10455, 35 Fla. L. Weekly Fed. D 1574

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 358534

Cited 2 times | Published

statement should not have been admitted pursuant to section 90.803(5), Florida Statutes (2008). We first find

Gonzalez v. State

35 So. 3d 984, 2010 Fla. App. LEXIS 6922, 2010 WL 1979273

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 389264

Cited 2 times | Published

findings complied with all the requirements of section 90.803(23), Florida Statutes (2005). Therefore, the

Arrieta-Rolon v. State

36 So. 3d 124, 2010 Fla. App. LEXIS 5279, 2010 WL 1560055

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1118580

Cited 2 times | Published

closing arguments by referring to the statements. Section 90.803(2), Florida Statutes (2008), provides that

Byrd v. BT FOODS, INC.

26 So. 3d 600, 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 239434

Cited 2 times | Published

Florida’s public records exception under Florida Statute 90.803(8) is narrower than the federal rule in

JBJ v. State

17 So. 3d 312, 2009 WL 1586819

District Court of Appeal of Florida | Filed: Jun 9, 2009 | Docket: 1141884

Cited 2 times | Published

been admissible as a hearsay exception under section 90.803(18)(a), Florida Statutes (2008), if J.E.A.

DORBAD v. State

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

state of mind exception to the hearsay rule. Section 90.803(3)(a), Florida Statutes (2006), governs the

Whitley v. State

1 So. 3d 414, 2009 Fla. App. LEXIS 1091, 2009 WL 331004

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 1174047

Cited 2 times | Published

the course of regularly conducted business. See § 90.803(6)(a), Fla. Stat. (2007). These requirements must

Petit-Dos v. School Board of Broward County

2 So. 3d 1022, 2009 Fla. App. LEXIS 53, 2009 WL 30046

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 60256687

Cited 2 times | Published

added). Found in the Florida Evidence Code, section 90.803, Florida Statutes, provides in relevant part:

SL v. State

993 So. 2d 1108, 2008 WL 4489253

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 1516170

Cited 2 times | Published

the state cites the child hearsay exception. See § 90.803(24) Fla. Stat. (2006). The state's reliance on

Antunes-Salgado v. State

987 So. 2d 222, 2008 WL 2901861

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 1394776

Cited 2 times | Published

codefendants' statements were admissible under section 90.803(18)(e), Florida Statutes (2005), and he sought

Paraison v. State

980 So. 2d 1134, 2008 WL 782532

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1735588

Cited 2 times | Published

36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). See § 90.803(2), Fla. Stat. (2004) (excepting from section

Esteban v. State

967 So. 2d 1095, 2007 WL 3355402

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1733645

Cited 2 times | Published

was not for the purpose of medical diagnosis. § 90.803(4), Fla. Stat. (2005). See Conley v. State, 620

Ward v. State

965 So. 2d 308, 2007 WL 2710748

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986

Cited 2 times | Published

public records exception to the hearsay rule, Section 90.803(8), Florida Statutes (2002). The trial court

Walker v. State

965 So. 2d 189, 2007 WL 2428414

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 239013

Cited 2 times | Published

excited utterance under the Evidence Code. See § 90.803(1),(2), Fla. Stat. (2004). Assuming for purpose

Walker v. State

965 So. 2d 189, 2007 WL 2428414

District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 239013

Cited 2 times | Published

excited utterance under the Evidence Code. See § 90.803(1),(2), Fla. Stat. (2004). Assuming for purpose

Strong v. State

947 So. 2d 552, 2006 WL 3780895

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1376652

Cited 2 times | Published

on the admission of hearsay statements.[2]See § 90.803(2), Fla. Stat. (2005). The standard of review

Ferreiro v. State

936 So. 2d 1140, 2006 WL 2356037

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 92851

Cited 2 times | Published

abuse if the child testifies or is unavailable. § 90.803(23), Fla. Stat. (2005). However, such statements

Barnes v. State

922 So. 2d 380, 2006 WL 503235

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1683374

Cited 2 times | Published

admissible against defendant as admissions under section 90.803(18), Florida Statutes (citing Charles W. Ehrhardt

Ferguson v. State

920 So. 2d 838, 2006 WL 399237

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1730695

Cited 2 times | Published

under the "adopted admission," admissible under section 90.803(18)(b), Florida Statutes (2003). While the

Sunshine Chevrolet Oldsmobile v. UAC

910 So. 2d 948, 2005 WL 2320264

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 1744578

Cited 2 times | Published

records that fit within the exception under section 90.803(6)[, Florida Statutes (2002)]." According to

Merritt v. Crosby

893 So. 2d 598, 2005 WL 17722

District Court of Appeal of Florida | Filed: Jan 5, 2005 | Docket: 1720830

Cited 2 times | Published

evidentiary basis for finding a violation. See § 90.803(1) and (2), Fla. Stat. (2004). However, the record

Herrera v. State

879 So. 2d 38, 2004 WL 1392396

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 463809

Cited 2 times | Published

objection stating that the testimony fell under section 90.803(4), Florida Statutes (2002), which provides

Williams v. State

865 So. 2d 17, 2003 WL 23008802

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1231509

Cited 2 times | Published

assailantas a statement of medical diagnosis. Section 90.803(4) allows the admission of: "Statements made

Womack v. State

855 So. 2d 1236, 28 Fla. L. Weekly Fed. D 2388

District Court of Appeal of Florida | Filed: Oct 14, 2003 | Docket: 1444354

Cited 2 times | Published

hearsay testimony by failing to comply with section 90.803(23)(c), Florida Statutes (1999)("The court

Arnett v. State

843 So. 2d 340, 2003 WL 1913720

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 2539715

Cited 2 times | Published

trial. The business records hearsay exception, section 90.803(6)(a), Florida Statutes (2001), provides that

Davis v. State

842 So. 2d 989, 2003 WL 1872312

District Court of Appeal of Florida | Filed: Apr 15, 2003 | Docket: 1730562

Cited 2 times | Published

statement admissible, as an admission under section 90.803(18), Florida Statutes. During the hearing on

State v. Hosty

835 So. 2d 1202, 2003 WL 25872297

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1624271

Cited 2 times | Published

motion to strike the state's notice given under section 90.803(24)(b), Florida Statutes (2001), and which

Grabau v. DEPT. OF HEALTH, BD. OF PSYCHO.

816 So. 2d 701, 2002 WL 649062

District Court of Appeal of Florida | Filed: Apr 22, 2002 | Docket: 1753568

Cited 2 times | Published

erroneously admitted into evidence pursuant to section 90.803(22), Florida Statutes, as amended by chapter

Hanks v. State

786 So. 2d 634, 2001 WL 505655

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 1278819

Cited 2 times | Published

child victim of sexual battery pursuant to section 90.803(23), Florida Statutes (1999). Hanks also asserts

RU v. Department of Children & Families

782 So. 2d 1024, 2001 Fla. App. LEXIS 6164, 2001 WL 484478

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 149346

Cited 2 times | Published

Rather, this case was based on the wording of section 90.803(23)(a)2.b., Florida Statutes (2000). The state's

Corpus v. State

718 So. 2d 1266, 1998 WL 698829

District Court of Appeal of Florida | Filed: Oct 9, 1998 | Docket: 1515075

Cited 2 times | Published

inadmissible hearsay, as to which the requirements of section 90.803(23), Florida Statutes (1995), were not followed

Guittierez v. State

704 So. 2d 161, 1997 Fla. App. LEXIS 13671, 1997 WL 757163

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1706008

Cited 2 times | Published

state can be a "party" within the meaning of section 90.803(18), Florida Statutes (1995), so that a criminal

Kent v. State

704 So. 2d 121, 1997 WL 633941

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 1354876

Cited 2 times | Published

defense, the hearsay exception for state of mind, section 90.803(3), Florida Statutes, applied and rendered

Andreu v. State

696 So. 2d 1220, 1997 WL 282354

District Court of Appeal of Florida | Filed: May 30, 1997 | Docket: 1325946

Cited 2 times | Published

admitted under the child victim hearsay exception, section 90.803, Florida Statutes (1989). Still, the court

Brantley v. State

692 So. 2d 282, 1997 WL 203657

District Court of Appeal of Florida | Filed: Apr 28, 1997 | Docket: 2561146

Cited 2 times | Published

statement is admitted under section 90.801(2)(a) or section 90.803(23)," Florida Statutes. State v. Green, 667

Puig v. CITICORP LIFE INSURANCE CO.

687 So. 2d 852, 1997 WL 4561

District Court of Appeal of Florida | Filed: Jan 8, 1997 | Docket: 1718514

Cited 2 times | Published

telephone calls which defendant receives. See § 90.803(7) Fla. Stat. (1995) (hearsay exception providing

EC v. State

675 So. 2d 192, 1996 WL 280029

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1298116

Cited 2 times | Published

school records was done in accordance with section 90.803, Florida Statutes (1995). A school official

EC v. State

675 So. 2d 192, 1996 WL 280029

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1298116

Cited 2 times | Published

school records was done in accordance with section 90.803, Florida Statutes (1995). A school official

Brown v. CRIM. JUST. STAND. & TRAINING

667 So. 2d 977, 1996 WL 60500

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 1511575

Cited 2 times | Published

records exception to the hearsay evidence rule, section 90.803(6), Florida Statutes (1987), did not require

Wykle v. State

659 So. 2d 1287, 1995 WL 516434

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1462430

Cited 2 times | Published

introduce L.C.'s hearsay statements pursuant to section 90.803(23), Florida Statutes (1991). An in limine

McKenzie Tank Lines, Inc. v. Roman

645 So. 2d 547, 1994 WL 637288

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 1223250

Cited 2 times | Published

laboratory test report if the requirements of section 90.803(6), Florida Statutes, are satisfied. Hogan

Dupree v. State

639 So. 2d 125, 1994 WL 284108

District Court of Appeal of Florida | Filed: Jun 29, 1994 | Docket: 1310255

Cited 2 times | Published

recounted in the out-of-court declaration, section 90.803(23), Florida Statutes (1993), does not authorize

Pierre v. State

597 So. 2d 853, 1992 WL 61440

District Court of Appeal of Florida | Filed: May 12, 1992 | Docket: 1743036

Cited 2 times | Published

such statements were properly admitted under Section 90.803(23), Florida Statutes (1989). See Perez v.

DeBiasi v. S & S BUILDERS, INC.

593 So. 2d 314, 1992 Fla. App. LEXIS 774, 1992 WL 16639

District Court of Appeal of Florida | Filed: Feb 5, 1992 | Docket: 446631

Cited 2 times | Published

474 So.2d 1206 (Fla. 2d DCA 1985); see also section 90.803(10), Florida Statutes (1989). The statute requires

Poukner v. State

556 So. 2d 1231, 1990 WL 15901

District Court of Appeal of Florida | Filed: Feb 21, 1990 | Docket: 542846

Cited 2 times | Published

failed to make the specific findings required in section 90.803(23), Florida Statutes (1985). This issue was

Medlock v. State

537 So. 2d 1030, 1988 WL 139091

District Court of Appeal of Florida | Filed: Feb 8, 1989 | Docket: 427337

Cited 2 times | Published

exception to the hearsay doctrine. We disagree. Section 90.803, Florida Statutes (1987) states: The provision

Eichholz v. Pepo Petroleum Co., Inc.

475 So. 2d 1244, 10 Fla. L. Weekly 1183

District Court of Appeal of Florida | Filed: May 13, 1985 | Docket: 1301799

Cited 2 times | Published

419 So.2d 687, 692-3 (Fla. 1st DCA 1982). Section 90.803(6), Florida Statutes (1983), allows admission

Johnson v. Johnson

422 So. 2d 1013

District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 1479137

Cited 2 times | Published

were admissible to show her state of mind, section 90.803(3), Florida Statutes (1981); and the child

Hussey v. Lara

272 So. 3d 498

District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909099

Cited 1 times | Published

any out-of-court statement from her under section 90.803(23), Florida Statutes (2017), as an alleged

Mendez v. State

271 So. 3d 1093

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549571

Cited 1 times | Published

out-of-court statements were admitted under section 90.803(23), Florida Statutes (2018), which creates

Mendez v. State

271 So. 3d 1093

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549571

Cited 1 times | Published

out-of-court statements were admitted under section 90.803(23), Florida Statutes (2018), which creates

Fr. Vincenzo Ronchi v. State

248 So. 3d 1265

District Court of Appeal of Florida | Filed: Jun 11, 2018 | Docket: 7284978

Cited 1 times | Published

child hearsay statements at trial pursuant to section 90.803(23), Florida Statutes (2017). That statute

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

238 So. 3d 192

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897

Cited 1 times | Published

801(2)(a), Fla. Stat.) or statements by a defendant ( § 90.803(18), Fla. Stat.). This instruction was

Northrop Grumman Systems Corp., Etc. v. Britt

226 So. 3d 1059, 2017 WL 3879978, 2017 Fla. App. LEXIS 12834

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148132

Cited 1 times | Published

authenticate the report as a business record under section 90.803(6)(a), Florida Statutes (2016). Her deposition

PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etc

228 So. 3d 115

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145382

Cited 1 times | Published

circumstances show their lack of trustworthiness. § 90.803(8), Fla. Stat. (2015); see also Lee v. Dep't

Coates v. State

217 So. 3d 1048, 2017 Fla. App. LEXIS 6176

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60265613

Cited 1 times | Published

to the rule against hearsay is codified in section 90.803(6), Florida Statutes (2015). It includes any

Coates v. State

217 So. 3d 1048, 2017 Fla. App. LEXIS 6176

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60265613

Cited 1 times | Published

to the rule against hearsay is codified in section 90.803(6), Florida Statutes (2015). It includes any

DiGiovanni v. Deutsche Bank National Trust Company

226 So. 3d 984, 2017 WL 1277737, 2017 Fla. App. LEXIS 4579

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669312

Cited 1 times | Published

exception or the public records exception. See § 90.803(6), (8); see also Whitley v. State, 1 So.3d 414

JPMorgan Chase Bank National Ass'n v. Pierre

215 So. 3d 633, 2017 WL 1278071, 2017 Fla. App. LEXIS 4632

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 60264862

Cited 1 times | Published

hearsay exception was incorrect. Pursuant to section 90.803(6)(a), Florida Statutes (2013), in order to

Cabrera v. State

206 So. 3d 768, 2016 Fla. App. LEXIS 16645

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63631153

Cited 1 times | Published

source, making them admissible pursuant to section 90.803(23), Florida Statutes, is reviewed for an abuse

Rolle v. State

215 So. 3d 75, 2016 WL 5939715, 2016 Fla. App. LEXIS 15117

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 4478836

Cited 1 times | Published

it was an “excited utterance,” see § 90.803(2), Fla. Stat. (2013) (stating that “[a] statement

A.G., the Father v. Department of Children and Families and Guardian Ad Litem Program

193 So. 3d 1097, 2016 Fla. App. LEXIS 9599

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081253

Cited 1 times | Published

statements under the child-victim hearsay exception. § 90.803(23), Fla. Stat. (2016). ■ A prerequisite to the

A.G., the Father v. Department of Children and Families and Guardian Ad Litem Program

193 So. 3d 1097, 2016 Fla. App. LEXIS 9599

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081253

Cited 1 times | Published

statements under the child-victim hearsay exception. § 90.803(23), Fla. Stat. (2016). ■ A prerequisite to the

Ronald Smith v. State of Florida

186 So. 3d 1056, 2016 Fla. App. LEXIS 214, 2016 WL 64341

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026022

Cited 1 times | Published

(alterations and omission in original) (quoting § 90.803(2), Fla. Stat. (2008)). There are three requirements

Charlie Wyne v. State of Florida

189 So. 3d 840, 2015 Fla. App. LEXIS 11408, 2015 WL 4549489

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679173

Cited 1 times | Published

excitement caused by the event or condition.” § 90.803(2), Fla. Stat. (2013). The officer who testified

Sas v. Federal National Mortgage Association

165 So. 3d 849, 2015 Fla. App. LEXIS 8761, 2015 WL 3609508

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663356

Cited 1 times | Published

for admission of Sas’s payment history under section 90.803(6), Florida Statutes (2014), because the custodian

Tush-ee Lewis Hunter v. State of Florida

174 So. 3d 1011

District Court of Appeal of Florida | Filed: May 11, 2015 | Docket: 2656158

Cited 1 times | Published

the excited utterance hearsay exception, see section 90.803(2), Florida Statutes-a ruling Huntei; does

& SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc.

175 So. 3d 204

Supreme Court of Florida | Filed: May 7, 2015 | Docket: 2655276

Cited 1 times | Published

statements; (7) refused to instruct the jury on section 90.803(18)(e), Florida Statutes (1996); 2

Candice Jones, as Personal Representative of the Estate of Ryland Nye v. Michael Alayon

162 So. 3d 360, 2015 Fla. App. LEXIS 5118, 2015 WL 1545005

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679417

Cited 1 times | Published

qualifies as an admission by a party opponent. Section 90.803(18), Florida Statutes (2012), provides an exception

Andreaus v. Impact Pest Management, Inc.

157 So. 3d 442, 2015 Fla. App. LEXIS 1588, 2015 WL 486674

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 2633539

Cited 1 times | Published

treatment and are, therefore, not admissible under section 90.803(4)[, Florida Statutes (1990) ].”). This is

Morrison v. State

161 So. 3d 564, 2014 Fla. App. LEXIS 17595, 2014 WL 5461967

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 60247206

Cited 1 times | Published

from an alleged victim of domestic violence. See § 90.803(2), Fla. Stat. (2012). Mr. Morrison is correct

F.T. v. State

146 So. 3d 1270, 2014 Fla. App. LEXIS 14390, 2014 WL 4628512

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 60242838

Cited 1 times | Published

remain hearsay and (absent a predicate under section 90.803(6), Florida Statutes — the business records

Caldwell v. State

137 So. 3d 590, 2014 WL 1686465, 2014 Fla. App. LEXIS 6214

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240380

Cited 1 times | Published

regularly conducted business activity under section 90.803(6), Florida Statutes (2012). See Johnson v

Fincher v. State

137 So. 3d 437, 2014 WL 940662, 2014 Fla. App. LEXIS 3463

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60240310

Cited 1 times | Published

for admitting child hearsay statements under section 90.803(23), Florida Statutes, the ehild-sex-ual-abuse-hearsay

Combs v. State

133 So. 3d 564, 2014 WL 562882, 2014 Fla. App. LEXIS 2023

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60238814

Cited 1 times | Published

the hearsay objections without elaboration. Section 90.803(3)(a) is the then-existing state of mind hearsay

Kelsey v. Suntrust Mortgage, Inc.

131 So. 3d 825, 2014 Fla. App. LEXIS 1848, 2014 WL 540498

District Court of Appeal of Florida | Filed: Feb 12, 2014 | Docket: 60238191

Cited 1 times | Published

indisputably hearsay and were not properly authenticated. § 90.803, Fla. Stat. (2012); Yisrael v. State, 993 So.2d

Johnson v. State

117 So. 3d 1238, 2013 WL 3455609, 2013 Fla. App. LEXIS 10982

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60232593

Cited 1 times | Published

there are certain exceptions to this rule. Section 90.803, Florida Statutes (2010), specifies the type

Waybright v. Johnson-Smith

115 So. 3d 445, 2013 Fla. App. LEXIS 9928, 2013 WL 3155856

District Court of Appeal of Florida | Filed: Jun 24, 2013 | Docket: 60232195

Cited 1 times | Published

records may have been admissible pursuant to section 90.803(8), Florida Statutes (2012). Similarly, concerning

Thomas v. State

125 So. 3d 928, 2013 WL 1980256, 2013 Fla. App. LEXIS 7863

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60236121

Cited 1 times | Published

the event or condition,” is a hearsay exception. § 90.803(2), Fla. Stat. (2008). Courts have interpreted

Tolbert v. State

114 So. 3d 291, 2013 WL 1810609, 2013 Fla. App. LEXIS 6936

District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60231837

Cited 1 times | Published

exception or any *295other hearsay exception. See § 90.803(6), Fla. Stat. (2011).

McNeal v. State

109 So. 3d 268, 2013 WL 709567, 2013 Fla. App. LEXIS 3201

District Court of Appeal of Florida | Filed: Feb 28, 2013 | Docket: 60229536

Cited 1 times | Published

as a past recollection recorded pursuant to section 90.803(5), Florida Statutes (2011), where the victim

Diaz v. State

106 So. 3d 515, 2013 WL 466219, 2013 Fla. App. LEXIS 1999

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60228249

Cited 1 times | Published

as a business record exception pursuant to section 90.803(6)(a). “In order to lay a foundation for the

McCloud v. State

91 So. 3d 940, 2012 WL 2935902, 2012 Fla. App. LEXIS 11705

District Court of Appeal of Florida | Filed: Jul 19, 2012 | Docket: 60310047

Cited 1 times | Published

detailed findings to permit admissibility under section 90.803(23), Florida Statutes. However, the order does

Nationwide Mutual Fire Insurance Co. v. Darragh

95 So. 3d 897, 2012 WL 2051075, 2012 Fla. App. LEXIS 9201

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60311333

Cited 1 times | Published

exception for public records and reports in section 90.803(8), Florida Statutes, but made no attempt to

State v. Holland

76 So. 3d 1032, 2011 Fla. App. LEXIS 19926, 2011 WL 6183512

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60304144

Cited 1 times | Published

constitute admissions of a party opponent. See § 90.803(18)(a), Fla. Stat. (2010) (providing an exception

Walker v. State

83 So. 3d 840, 2011 Fla. App. LEXIS 19540, 2011 WL 6057923

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 2413528

Cited 1 times | Published

qualified under an exception to the hearsay rule. See § 90.803(6), Fla. Stat. (2009). For example, in Franklin

Arbor Tree Management, Inc. v. Florida Unemployment Appeals Commission

69 So. 3d 376, 2011 Fla. App. LEXIS 14634, 2011 WL 4104736

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2355411

Cited 1 times | Published

exception to the hearsay exclusion rule under section 90.803(18), Florida Statutes (2010), which provides

Riggins v. State

67 So. 3d 244, 2010 Fla. App. LEXIS 17177, 2010 WL 4484629

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 60302078

Cited 1 times | Published

made and preserved by a public office and agency. § 90.803(10), Fla. Stat. (2008). Here, the State did not

GUSMAO v. State

48 So. 3d 93, 2010 Fla. App. LEXIS 16549, 2010 WL 4257588

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 2397440

Cited 1 times | Published

the hearsay exception for business records, section 90.803(6), Florida Statutes (2008), and the other

Clark Well Drilling, Inc. v. North-South Supply, Inc.

44 So. 3d 149, 2010 Fla. App. LEXIS 11738, 2010 WL 3155006

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 1929176

Cited 1 times | Published

admissible as an exception to the hearsay rule under Section 90.803(6), Florida Statutes (2009). A business record

N.W. v. M.W.

41 So. 3d 383

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 60295219

Cited 1 times | Published

testimony regarding the sexual abuse pursuant to section 90.803(23), Florida Statutes (2009). Following a hearing

Nw v. Mw

41 So. 3d 383, 2010 Fla. App. LEXIS 11089, 2010 WL 2976708

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2400270

Cited 1 times | Published

testimony regarding the sexual abuse pursuant to section 90.803(23), Florida Statutes (2009). Following a hearing

In Re of Rk

38 So. 3d 859, 2010 WL 2508845

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1182494

Cited 1 times | Published

authorize the Mother to make them on his behalf. See § 90.803(18)(a)(c), Fla. Stat. (2009); see also C.A., 958

Cowan v. State

3 So. 3d 446, 2009 Fla. App. LEXIS 1808, 2009 WL 605349

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 60289212

Cited 1 times | Published

rule of admissions by silence, as codified in section 90.803(18)(b), in the context of a criminal trial

Johnson v. State

1 So. 3d 1164, 2009 Fla. App. LEXIS 557, 2009 WL 185994

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1653836

Cited 1 times | Published

qualify for admission as child hearsay under section 90.803(23), Florida Statutes (2004). He also argued

NS v. State

988 So. 2d 1153, 2008 WL 2986441

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1722251

Cited 1 times | Published

business record exception to the hearsay rule. § 90.803(6)(a), Fla. Stat. (2007).[2] The victim identified

State v. Brocca

979 So. 2d 430, 2008 WL 1809326

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1407139

Cited 1 times | Published

State sought to introduce the statements under section 90.803(24), Florida Statutes (2001), which provides

Walls v. State

977 So. 2d 802, 2008 WL 941927

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1529561

Cited 1 times | Published

business records exception to the hearsay rule. § 90.803(6), Fla. Stat. (2007). This was error. To secure

D.M.L. v. State

976 So. 2d 670, 2008 Fla. App. LEXIS 3868

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 64854100

Cited 1 times | Published

subsequent act of swinging the bat at D.M.L. See § 90.803(3) (providing that a hearsay exception exists

Christie v. State

951 So. 2d 1029, 2007 WL 911795

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 1682575

Cited 1 times | Published

admissible under section 90.803(8), Florida Statutes. Id. at 1117 n. 2. Section 90.803(8), Florida Statutes

State v. Pinault

933 So. 2d 1287, 2006 WL 2135804

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 1506361

Cited 1 times | Published

to offer child hearsay evidence pursuant to section 90.803(23), Florida Statutes. Defendant moved in limine

Walters v. State

933 So. 2d 1229, 2006 WL 1999223

District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1308889

Cited 1 times | Published

Evans v. State, 838 So.2d 1090, 1093 (Fla. 2002); § 90.803(2), Fla. Stat. (2002). Here, three hours had elapsed

Fencher v. State

931 So. 2d 184, 2006 WL 1559722

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 2524534

Cited 1 times | Published

practice of that business to make such a record. § 90.803(6)(a); Brooks v. State, 918 So.2d 181, 193 (Fla

Douglas v. State

913 So. 2d 1234, 2005 WL 2990951

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1331450

Cited 1 times | Published

medical diagnosis hearsay exception. We disagree. Section 90.803(4), Fla. Stat. (2003), creates a hearsay exception

WAMCO XXVIII, Ltd. v. Integrated Electronic Environments, Inc.

903 So. 2d 230, 2005 Fla. App. LEXIS 5064, 2005 WL 840114

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 64838751

Cited 1 times | Published

into evidence as business records of WAMCO. See § 90.803(6), Fla.Stat. (2003); Davis v. State, 707 So.2d

WAMCO XXVIII, Ltd. v. Integrated Electronic Environments, Inc.

903 So. 2d 230, 2005 Fla. App. LEXIS 5064, 2005 WL 840114

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 64838751

Cited 1 times | Published

into evidence as business records of WAMCO. See § 90.803(6), Fla.Stat. (2003); Davis v. State, 707 So.2d

Dias v. State

890 So. 2d 1254, 2005 Fla. App. LEXIS 226, 2005 WL 100944

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 64835416

Cited 1 times | Published

nonverbal response constituted an admission under section 90.803(18)(a), Florida Statutes (2002). The defendant

In Re Estate of Hatten

880 So. 2d 1271, 2004 WL 1933545

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1294841

Cited 1 times | Published

Stat. (2003). According to Professor Ehrhardt: Section 90.803(3)(b)1 recognizes that a statement of memory

Springer v. State

874 So. 2d 719, 2004 WL 1223674

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1473989

Cited 1 times | Published

trial court admitted the videotape pursuant to section 90.803(23), Florida Statutes (2002).[1] Under similar

Kirk v. State

869 So. 2d 670, 2004 WL 689779

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1175037

Cited 1 times | Published

circumstances show their lack of trustworthiness. § 90.803(8), Florida Statutes (2003). Professor Ehrhardt

Baugh v. State

862 So. 2d 756, 2003 WL 22459116

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1762791

Cited 1 times | Published

child hearsay statements admitted pursuant to section 90.803(23), Florida Statutes (2000), which directly

LaFleur v. State

855 So. 2d 155, 2003 WL 21980485

District Court of Appeal of Florida | Filed: Aug 21, 2003 | Docket: 2573124

Cited 1 times | Published

in which a trial court was reversed under section 90.803(3), Florida Statutes, for failing to admit

State v. Brocca

842 So. 2d 291, 2003 WL 1877971

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 1730520

Cited 1 times | Published

CURIAM. We affirm the trial court's finding that Section 90.803(24), Florida Statutes (2001), is unconstitutional

Jones v. RJ Reynolds Tobacco Co.

830 So. 2d 854, 2002 WL 2007843

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 471455

Cited 1 times | Published

taken in other tobacco litigation pursuant to section 90.803(22), Florida Statutes (2000).[1] Shortly after

Cunningham v. State

801 So. 2d 244, 2001 WL 1576416

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 1744733

Cited 1 times | Published

unavailability to testify in accordance with section 90.803(23), Florida Statutes (1999). Dr. Bourg-Carter

Pedrosa v. State

781 So. 2d 470, 2001 WL 246036

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1690549

Cited 1 times | Published

excited utterance exception to hearsay rule. See section 90.803(2), Florida Statutes (1997). An excited utterance

Calvert v. State

730 So. 2d 316, 1999 Fla. App. LEXIS 1383, 1999 WL 77186

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 64787491

Cited 1 times | Published

conspiracy, or even that a conspiracy existed. See § 90.803(18)(e), Fla. Stat. (1995). We find the State sufficiently

Griffith v. State

723 So. 2d 860, 1998 WL 827753

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 1693514

Cited 1 times | Published

appellant "stuck his privates into his butt." Section 90.803(23), Florida Statutes (1997), provides for

Conner v. State

709 So. 2d 170, 1998 WL 135265

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1682077

Cited 1 times | Published

derives from the trial court's refusal to declare section 90.803(24), Florida Statutes (1995), commonly known

Ghent v. State

685 So. 2d 72, 1996 Fla. App. LEXIS 13206, 1996 WL 728687

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769902

Cited 1 times | Published

of this issue upon retrial we reiterate that section 90.803(23)(c), Florida Statutes (1991), expressly

Scotty's, Inc. v. Sarandrea

645 So. 2d 121, 1994 WL 630621

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 1654588

Cited 1 times | Published

predicate laid for admission under any exception. § 90.803, Fla. Stat.; see, e.g., Lowe's of Tallahassee

Johnson v. All American Life Insurance

838 F. Supp. 1556, 1993 U.S. Dist. LEXIS 17068, 1993 WL 498865

District Court, M.D. Florida | Filed: Nov 18, 1993 | Docket: 2108321

Cited 1 times | Published

a party involving the deceased Mr. Johnson. Section 90.803(6), Fla.Stat., also provides a business record

Escoto v. State

624 So. 2d 836, 1993 WL 382991

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 475226

Cited 1 times | Published

statements to Dr. Kesler admitted pursuant to section 90.803(23). We reverse. In this case, the sexual batteries

Jones v. State

600 So. 2d 1138, 1992 WL 86168

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 1527806

Cited 1 times | Published

examined by a physician is admissible under section 90.803(4), Florida Statutes, since it was a statement

Pagan v. State

599 So. 2d 744, 1992 Fla. App. LEXIS 6016, 1992 WL 115689

District Court of Appeal of Florida | Filed: Jun 2, 1992 | Docket: 64667741

Cited 1 times | Published

likelihood of severe emotional or mental harm....” Id. § 90.803(23)(a)(2)(b). We conclude, contrary to defendant’s

Gaither v. State

581 So. 2d 922, 1991 WL 95628

District Court of Appeal of Florida | Filed: Jun 7, 1991 | Docket: 1683898

Cited 1 times | Published

and hearsay statements introduced pursuant to section 90.803(23), Florida Statutes (1985). Although the

Pennsylvania Blue Shield v. Wolfe

575 So. 2d 1361, 1991 Fla. App. LEXIS 2101, 1991 WL 31819

District Court of Appeal of Florida | Filed: Mar 12, 1991 | Docket: 64657059

Cited 1 times | Published

(which were admissions as to the insurer, see § 90.803(18), Florida Statutes (1989)), as well as the

Gillum v. ONE 1978 KENWORTH SEMI-TR.

543 So. 2d 462, 1989 WL 55309

District Court of Appeal of Florida | Filed: May 26, 1989 | Docket: 1729831

Cited 1 times | Published

Police Dep't, 505 So.2d 621 (Fla. 3d DCA 1987); § 90.803(18)(a), Fla. Stat. (1987). Once the sheriff established

Childress v. State

543 So. 2d 413, 1989 WL 52815

District Court of Appeal of Florida | Filed: May 17, 1989 | Docket: 1729781

Cited 1 times | Published

into evidence pursuant to § 90.803(23), Fla. Stat. He first argues that § 90.803(23) applies only to sexual

In the Interest of S.C. v. State

471 So. 2d 1326, 10 Fla. L. Weekly 1565, 1985 Fla. App. LEXIS 14867

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612870

Cited 1 times | Published

against hearsay set forth in the evidence code. Section 90.803(18)(a), Florida Statutes (1983), provides that

Wiggins v. State

460 So. 2d 483

District Court of Appeal of Florida | Filed: Dec 10, 1984 | Docket: 1767054

Cited 1 times | Published

principle was adopted in the Florida Evidence Code at § 90.803(18), Florida Statutes (1979). Review of the record

Reed v. State

438 So. 2d 169, 1983 Fla. App. LEXIS 21802

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 64599764

Cited 1 times | Published

within one of the exceptions enumerated under section 90.803, Florida Statutes, it was therefore inadmissible

Cosmic Corporation, Etc. v. Bianca Hudson

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209995

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 90.803(22), Fla. Stat.; Florida Power & Light Co

Yaidel Alfonso v. Zenilda Hierrezuelo, O/B/O Z.A.

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155240

Published

statements of child abuse or neglect under section 90.803(23), Florida Statutes (2024). The trial court

Michael Boatwright v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70739452

Published

Statements by a party opponent are admissible under section 90.803(18)(a), Florida Statutes (2022), as an exception

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650233

Published

the excited utterance exception contained in Section 90.803(2), Florida Statutes. The trial court ruled

Corey Stephen Smith v. State of Florida

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650233

Published

the excited utterance exception contained in Section 90.803(2), Florida Statutes. The trial court ruled

The Bank of New York Mellon, Etc. v. Gustavo Avigliano

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513227

Published

records as an exception to the hearsay rule under section 90.803(6)(a), Florida Statutes (2024). Under this

E.E.R. Holdings, LLC and Dan Chimouni v. Victory Avenir, LLC

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260693

Published

the company’s tax returns into evidence under section 90.803(6), Florida Statutes (2023), which provides

State of Florida v. Gabriel Trevino

District Court of Appeal of Florida | Filed: May 9, 2025 | Docket: 70236134

Published

recollection recorded exception to hearsay under section 90.803(5), Florida Statutes. The defense objected

Yefri Castro v. Stephanie Gutierrez O/B/O Destiny Castro

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69898817

Published

exception as a statement of a child victim. See § 90.803(23), Fla. Stat. (2023). On appeal, the Mother

Thomas Reaves v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899469

Published

the exception in criminal cases. See id. (citing § 90.803(8), Fla. Stat. (1999)). Moreover, the mere

Daniel Joseph Quigley v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864385

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 90.803(6), Fla. Stat. (2025) (providing that “[r]ecords

Reginald Bertram Johnson v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2025 | Docket: 69629292

Published

Argued: Feb 25, 2025

cated as business records, see FLA. STAT. § 90.803(6) (2014), and that admission of the report

Alberto Pescatore and Deeper Blue Sea, LLC v. Jose Luis Fernandez

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674167

Published

under an exception to the hearsay rule. Id. Section 90.803(6)(a), Florida Statutes (2023), creates a business

Jose Sala v. Penelope Wood

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674469

Published

properly considered all evidence before it. See § 90.803(6), Fla. Stat. (2024); § 90.902(11), Fla. Stat

R.J. Reynolds Tobacco Company v. Ross Dubins, Etc.

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674151

Published

untrustworthy’”) (additional quotation omitted); see also § 90.803(3)(a) Fla. Stat. (2023) (providing the following

Alexis Salgado-Mantilla v. the State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69266233

Published

child victims introduced into evidence under section 90.803(23) shall not be allowed into the jury room

T. v. U. v. State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632239

Published

" § 90.802, Fla. Stat. (2023). Although section 90.803(6) permits the 2 We reject without

T.M. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218151

Published

admission of a business record as required by section 90.803(6)(a), the affidavit must show that the record

Ted'Qwon McGowan v. State of Florida

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151368

Published

the victim’s actions before the shooting. See § 90.803(3)(a)2., Fla. Stat. (2022). And even if erroneous

Carlos Martinez-Urbina v. the State of Florida

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127376

Published

admissibility of child hearsay statements pursuant to section 90.803(23), Florida Statutes); Osagie v. State, 58

OLIVER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68011759

Published

of intent to use child hearsay pursuant to section 90.803(23), Florida Statutes (2019), stating that

BACILIO ANTEMATE XOLO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 26, 2024 | Docket: 68120492

Published

child-hearsay statements were admissible under section 90.803(23), Florida Statutes (2022). It found sufficient

Lisandra Soto Gutierrez v. State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68313038

Published

were admissible as a party admission under section 90.803(18)(a), Florida Statutes (2022). We disagree

Adamson Asher Aldama v. The State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950669

Published

his suppression argument. See § 90.803(18), Fla. Stat. (2022).1 The trial court

Health and Wellness Evolution Co. a/a/o Earl Esperon v. Infinity Auto Insurance Company

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68423095

Published

they carry adequate indicia of reliability. See § 90.803(6)(a), Fla. Stat. (2022); Ocwen Loan Servicing

Universal Property & Casualty Insurance Company v. Luis Nacimiento

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68197431

Published

1. Business Records Exception Section 90.803(6), Florida Statutes (2023), sets forth the

Armando Lazaro Cordovi v. The State of Florida

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68403110

Published

pursuant to section 90.803(1) . . . or an excited utterance pursuant to section 90.803(2), [Florida

Philip Morris USA Inc. v. Michael Jordan Lipp, etc.

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68380016

Published

acts of subsequent conduct of the declarant. § 90.803(3)(a), Fla. Stat. In essence, “statements of the

Jose Benito Larioszambrana v. The State of Florida

District Court of Appeal of Florida | Filed: Mar 14, 2024 | Docket: 68339603

Published

victim, seeking their introduction pursuant to section 90.803(23), Florida Statutes (2023). That statute

Tamara Aissa Perez Morales v. Noel Guillermo Cruz

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335783

Published

statement in . . . an individual . . . capacity.” § 90.803(18)(a), Fla. Stat. (2023).

State of Florida v. Steve Lincoln

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268091

Published

is admissible in evidence at later proceedings. § 90.803(18), Fla. Stat.; Barnes v. State, 970 So. 2d 332

Mishelle Addys Perdomo Vindel v. Scott Aron Stewart

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230488

Published

business records exception to the hearsay rule, section 90.803(6)(a), Florida Statutes (2021). Under that

JAMES DANIEL WALLACE AND ALICE SEDENA ALLEN v. NATIONSTAR MORTGAGE, LLC

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68034456

Published

be admissible [as business records under section 90.803(6)(a), Florida Statutes], the movant is required

BRENDAN SIGISMONDI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63591352

Published

the hearsay rule, section 90.803(3)(a)(2), Florida Statutes (2021). Section 90.803(3)(a)(2) allows for

McKenzie v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149041

Published

excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. Finally, there was no error in

Euri Jenkins v. State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103442

Published

witnesses’ out-of-court statements pursuant to section 90.803(23), Florida Statutes (2001), the hearsay exception

M. D. M. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065370

Published

802 to the contrary notwithstanding," section 90.803 sets forth many hearsay exceptions,

Elizabeth Sentz v. Bonefish Grill, LLC

District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008456

Published

rule if it qualifies as an admission under section 90.803(18), Florida Statutes (2020). In this case

MORTGAGE ASSETS MANAGEMENT, LLC vs UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST, ETC., ET AL.

District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 68034175

Published

Regularly Conducted Business Activity pursuant to section 90.803(6)(c), Florida Statutes (2021), indicating

ORLANDO ORATES PRADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744028

Published

Victim’s hearsay statements as required by section 90.803(23), Florida Statutes (2022). The trial court

U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006EFC2 vs KENNETH BELL, SR., AND ALENA BELL

District Court of Appeal of Florida | Filed: Jan 27, 2023 | Docket: 63148364

Published

exception to the hearsay rule, codified at section 90.803(6), Florida Statutes. The trial court sustained

PHILIP MORRIS USA INC. v. RUBY HOLLIMAN, etc.

District Court of Appeal of Florida | Filed: Dec 14, 2022 | Docket: 66635727

Published

“state of mind” exception to the hearsay rule. See § 90.803(3)(a)(1), Fla. Stat. (2019). 5 The plaintiff’s

PHILIP MORRIS USA INC. v. RUBY HOLLIMAN, etc.

District Court of Appeal of Florida | Filed: Dec 14, 2022 | Docket: 66635727

Published

“state of mind” exception to the hearsay rule. See § 90.803(3)(a)(1), Fla. Stat. (2019). 5 The plaintiff’s

J.T.J., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 2, 2022 | Docket: 65654701

Published

under the business records hearsay exception. See § 90.803(6)(c), Florida Statutes (2020). The trial court

UNITED AUTOMOBILE INSURANCE COMPANY v. CHIROPRACTIC CLINICS OF SOUTH FLORIDA, PL, etc.

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898813

Published

business records exception to the hearsay rule, section 90.803(6)(a) Florida Statutes (2014). In denying

RYMSLEY DEVALON v. ISISS SUTTON

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435981

Published

party admission or for impeachment purposes. See § 90.803(18)(a), Fla. Stat. (2021) (providing a hearsay

WILLIAM HERNANDEZ v. CGI WINDOWS AND DOORS, INC.

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127978

Published

So. 2d 992, 1007 (Fla. 4th DCA 2001) (quoting § 90.803(18)(b), Fla. Stat. (2000)); 5 see Adams, 392

Trenton Nivek Lauwereins v. State of Florida

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60498282

Published

statement of intent or plan is admissible under section 90.803(3), Florida Statutes, when offered to “[p]rove

WATERFALL VICTORIA GRANTOR TRUST II, SERIES G v. SARAH MCDONALD

District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290990

Published

business record hearsay exception as codified in section 90.803, Florida Statutes (2018), which defines a business

UNITED AUTOMOBILE INSURANCE COMPANY, etc. v. AFFILIATED HEALTHCARE CENTERS, INC., A/A/O WILSON BAQUERO

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108383

Published

531, 536–37 (Fla. 2020) (holding that under section 90.803(6), Florida Statutes, the proponent of a business

UNITED AUTOMOBILE INSURANCE COMPANY v. NB SPORTS MASSAGE AND REHAB CORP. A/A/O DAISY DEPAULA

District Court of Appeal of Florida | Filed: Jul 28, 2021 | Docket: 60088898

Published

admissible as a past recollection recorded. See § 90.803(5), Fla. Stat. (2020). 4 3 As this Court explained

JULIE ADAMSON, individually and as Personal Representative for the ESTATE OF JACKLYN ADAMSON v. R.J. REYNOLDS TOBACCO COMPANY

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073798

Published

admissible as an admission of a party opponent. 4 4 Section 90.803(18)(d), Florida Statutes (2019), provides a

R.L.G., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 16, 2021 | Docket: 59988813

Published

whether or not conducted for profit. § 90.803(6)(a), Fla. Stat. (2020).

MICHAEL D. JONES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936582

Published

Friends as Excited Utterances under Section 90.803(2), Florida Statutes. Appellant argues

State v. MICHAEL ANTHONY HESTER

District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59758973

Published

Court went on to specify that according to “section 90.803(18)(b), Florida Statutes (1985), a statement

R.J. REYNOLDS TOBACCO COMPANY v. ROBERT HAMILTON

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241588

Published

to the hearsay rule, which is contained in section 90.803, Florida Statutes, allows the trial court to

GUILLERMO CUEVAS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084939

Published

introduce child hearsay testimony, pursuant to section 90.803(23), Florida Statutes (2018). The trial court

JERMAINE CLARINGTON v. State

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18707239

Published

admission of the report as a business record under section 90.803(6), Florida Statutes. Peters was found to have

MARCEL ASHLEY v. State

District Court of Appeal of Florida | Filed: Nov 25, 2020 | Docket: 18690046

Published

need to establish a witness’ unavailability. See § 90.803(18), Fla. Stat. (2018)(providing: “A statement

MARCEL ASHLEY v. State

District Court of Appeal of Florida | Filed: Nov 25, 2020 | Docket: 18690046

Published

need to establish a witness’ unavailability. See § 90.803(18), Fla. Stat. (2018)(providing: “A statement

DYCK-O'NEAL, INC. v. RUDOLPH HERMAN

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620298

Published

admission under section 90.803(18), Florida Statutes (2019) apply here. Section 90.803(18) describes

ELISOL ST LOT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 28, 2020 | Docket: 18580222

Published

admitting the child hearsay statements under section 90.803(23), Florida Statutes (2019), and State v.

ELISOL ST LOT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 28, 2020 | Docket: 18580222

Published

admitting the child hearsay statements under section 90.803(23), Florida Statutes (2019), and State v.

Ronald Lee Coleman v. State of Florida

District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435265

Published

to admit child- hearsay evidence pursuant to section 90.803(23), Florida Statutes. At a pretrial hearing

JACKSON PRIDEMORE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 5, 2020 | Docket: 17415844

Published

1999) (describing legislative intent behind section 90.803(23), Florida Statutes) (citation omitted).

JAMES GENTRY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370651

Published

an admission “offered against a party” under section 90.803(18), because the brother was not a “party”

SHANTEL KIMBERLY EMMITT v. FIRST TRANSIT, INC. d/b/a TROLLEY 606

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370646

Published

the hearsay statement was admissible under section 90.803(4), Florida Statutes, as a statement for purposes

Cynthia L. Jackson v. Household Finance Corporation III

Supreme Court of Florida | Filed: Jul 2, 2020 | Docket: 17317801

Published

exception to the hearsay rule set forth in section 90.803(6)(a), Florida Statutes (2014), counsel for

JOSHUA PERRAULT v. AMANDA ENGLE

District Court of Appeal of Florida | Filed: Apr 15, 2020 | Docket: 17070186

Published

court held a child hearsay hearing pursuant to section 90.803(23), Florida Statutes (2017), the court admitted

Adam Frasch v. State of Florida

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243486

Published

the death threat, even if an admission under section 90.803(18) of the Florida Statutes, was predicated

Cameron Dominque Roberts v. State of Florida

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16104186

Published

that her past statement was accurate. Section 90.803(5), Florida Statutes (2017), defines a past

Jimmy R. Baity v. State of Florida

District Court of Appeal of Florida | Filed: Aug 9, 2019 | Docket: 16037826

Published

90.801(1)(c), Fla. Stat. (2017). Pursuant to section 90.803(2), Florida Statutes (2017), an exception to

CATHERINE M. RIVERA, A/K/A CATHERINE RIVERA v. THE BANK OF NEW YORK MELLON F/ K/ A THE BANK OF NEW YORK, AS SUCCESSOR

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960208

Published

business records exception to the hearsay rule. See § 90.803(6)(a), Fla. Stat. (2018). But if that "business

SHERARD ADAMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960210

Published

Evidence § 262 (Edward W. Cleary ed. 2d ed. 1972). Section 90.803 exceptions “contain sufficient guarantees of

State of Florida v. Dwayne Boatman

District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892174

Published

After the deposition, the State moved under section 90.803(23), Florida Statutes (2018), to introduce

Strong v. Underwood

275 So. 3d 760

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719853

Published

an individual or a representative capacity[.] § 90.803(6)(a), (18)(a), Fla. Stat. (2016). Medical records

Strong v. Underwood

275 So. 3d 760

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719854

Published

an individual or a representative capacity[.] § 90.803(6)(a), (18)(a), Fla. Stat. (2016). Medical records

Green Tree Servicing, LLC v. Simms

274 So. 3d 1187

District Court of Appeal of Florida | Filed: Jun 14, 2019 | Docket: 64718923

Published

exception to the hearsay rule, as codified in section 90.803(6)(a), Florida Statutes (2016).1 Pertinent

Green Tree Servicing, LLC v. Simms

274 So. 3d 1187

District Court of Appeal of Florida | Filed: Jun 14, 2019 | Docket: 64718923

Published

exception to the hearsay rule, as codified in section 90.803(6)(a), Florida Statutes (2016).1 Pertinent

Green Tree Servicing, LLC v. Simms

274 So. 3d 1187

District Court of Appeal of Florida | Filed: Jun 14, 2019 | Docket: 64718922

Published

exception to the hearsay rule, as codified in section 90.803(6)(a), Florida Statutes (2016).1 Pertinent

Malave v. State

269 So. 3d 669

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64712543

Published

State sought to introduce the statement under section 90.803(24), Florida Statutes (2017), which provides

Malave v. State

269 So. 3d 669

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64712542

Published

State sought to introduce the statement under section 90.803(24), Florida Statutes (2017), which provides

Gene Truman Smith v. State of Florida

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882794

Published

excepted from the general hearsay prohibition. See § 90.803(18)(a), Fla. Stat.; see also Moore v. State, 701

Charlier v. State

272 So. 3d 476

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865443

Published

event, i.e., her argument with Charlier. See § 90.803(1), Fla. Stat. (2016) (covering statements “describing

Joshua David Lee v. State of Florida

268 So. 3d 904

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865379

Published

properly admitted as an excited utterance. See § 90.803(2), Fla. Stat. (defining excited utterance as

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

270 So. 3d 371

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240

Published

record exception to the hearsay rule under section 90.803(6), Florida Statutes . . . .” 58 But for a

Noack v. State

260 So. 3d 1172

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699960

Published

to Pugh is admissible as an admission by Noack. § 90.803(18), Fla. Stat. However, we find no hearsay exception

Noack v. State

260 So. 3d 1172

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699959

Published

to Pugh is admissible as an admission by Noack. § 90.803(18), Fla. Stat. However, we find no hearsay exception

Marvin E. Noack v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455095

Published

to Pugh is admissible as an admission by Noack. § 90.803(18), Fla. Stat. However, we find no hearsay exception

M.S. v. State

260 So. 3d 552

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 64699798

Published

requisite factors for admission as provided in section 90.803(6) ).

M.S. v. State

260 So. 3d 552

District Court of Appeal of Florida | Filed: Dec 26, 2018 | Docket: 64699797

Published

requisite factors for admission as provided in section 90.803(6) ).

MARK B. SACKS and BARBARA SACKS v. THE BANK OF NEW YORK MELLON

264 So. 3d 938

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431895

Published

. This principle is codified within section 90.803(6) itself, which provides trial courts

Clarke v. State

260 So. 3d 1134

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 64699949

Published

which was admitted into evidence pursuant to section 90.803(23), Florida Statutes (2014), the victim specifically

Clarke v. State

260 So. 3d 1134

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 64699949

Published

which was admitted into evidence pursuant to section 90.803(23), Florida Statutes (2014), the victim specifically

Clarke v. State

260 So. 3d 1134

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 64699950

Published

which was admitted into evidence pursuant to section 90.803(23), Florida Statutes (2014), the victim specifically

BRANDON HINCK v. STATE OF FLORIDA

260 So. 3d 325

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346799

Published

exists under section 90.803 or section 90.804, Florida Statutes (2017). Section 90.803(2), Florida

Rodriguez v. State

260 So. 3d 469

District Court of Appeal of Florida | Filed: Dec 4, 2018 | Docket: 8346788

Published

out-of-court statements are admissible under section 90.803(3), Florida Statutes, to prove the “then-existing”

Rodriguez v. State

District Court of Appeal of Florida | Filed: Nov 4, 2018 | Docket: 8345940

Published

out-of-court statements are admissible under section 90.803(3), Florida Statutes, to prove the “then-existing”

Raymond v. State

257 So. 3d 624

District Court of Appeal of Florida | Filed: Nov 2, 2018 | Docket: 64691027

Published

fall within the excited utterance exception in section 90.803(2), Florida Statutes (2017). "[T]o qualify

MARK B. SACKS and BARBARA SACKS v. THE BANK OF NEW YORK MELLON

District Court of Appeal of Florida | Filed: Aug 22, 2018 | Docket: 7712375

Published

. This principle is codified within section 90.803(6) itself, which provides trial courts

George v. State

251 So. 3d 262

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361265

Published

the statement. A. Excited Utterance—Section 90.803(2) of the Florida Statutes As explained

Frazier v. State

250 So. 3d 794

District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 64684267

Published

child was in need of the protection offered by section 90.803(23), Florida Statutes (2014) (protecting children

JAMES E. EVANS v. STATE OF FLORIDA

248 So. 3d 155

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061997

Published

not meet the excited utterance exception of section 90.803(2), Florida Statutes (2013), which allows admission

STATE OF FLORIDA v. WILLIAM CRUMBLEY

247 So. 3d 666

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862842

Published

enforcement personnel.' " Id. (quoting § 90.803(8), Fla. Stat. (1999)). However

Roberts v. State

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6862847

Published

admitting several child- hearsay statements under section 90.803(23), Florida Statutes (2014). We affirm for

Roberts v. State

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716287

Published

admitting several child- hearsay statements under section 90.803(23), Florida Statutes (2014). We affirm for

DEUTSCHE BANK NATIONAL TRUST COMPANY v. DWAINE A. SHEWARD & PATRICIA SHEWARD

245 So. 3d 890

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366299

Published

business record exception to the hearsay rule. See § 90.803(6)(a), Fla. Stat. (2008). The trial court initially

DEUTSCHE BANK NATIONAL TRUST COMPANY v. DWAINE A. SHEWARD & PATRICIA SHEWARD

245 So. 3d 890

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366299

Published

business record exception to the hearsay rule. See § 90.803(6)(a), Fla. Stat. (2008). The trial court initially

ASAD U. KHAN v. STATE OF FLORIDA

243 So. 3d 506

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 6356575

Published

could qualify as a hearsay exception under section 90.803(6) because nothing in the record before this

Dantrell J Jenkins v. State of Florida

242 So. 3d 499

District Court of Appeal of Florida | Filed: Apr 5, 2018 | Docket: 6355440

Published

the statement of a child victim pursuant to section 90.803(23), Florida Statutes. At the child-hearsay

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP v. DIVISION OF ADMIN. HEARINGS, BERNARD BELZI, etc.

243 So. 3d 985

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354241

Published

“state of mind” exception to the hearsay rule. See § 90.803(3)(a)1, Fla. Stat. (2014). The statements were

Deutsche Bank Trust Co. Ams. v. Merced

238 So. 3d 438

Florida Fifth District Court of Appeal | Filed: Mar 2, 2018 | Docket: 66668040

Published

192 So.3d 620, 621 n.1 (Fla. 4th DCA 2016). Section 90.803(6), Florida Statutes, provides that business

Deutsche Bank v. Merced

District Court of Appeal of Florida | Filed: Feb 26, 2018 | Docket: 6329017

Published

192 So. 3d 620, 621 n.1 (Fla. 4th DCA 2016). Section 90.803(6), Florida Statutes, provides that business

MARLENA KNIGHT, DEREK KNIGHT AND SARA PORTER v. G T E FEDERAL CREDIT UNION

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304682

Published

State, 993 So. 2d 952, 956 (Fla. 2008); accord § 90.803(6)(a). "[W]hen a business record contains

Jason Don Thompson v. State of Florida

237 So. 3d 1160

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300933

Published

trial court made findings of reliability under section 90.803(23), * the court was still obligated “to conduct

Keller v. Ramseyer

237 So. 3d 468

District Court of Appeal of Florida | Filed: Feb 5, 2018 | Docket: 6307542

Published

the admissibility of this testimony under section 90.803(23), Florida Statutes (2017). We need not address

Hyre v. State

240 So. 3d 47

District Court of Appeal of Florida | Filed: Jan 19, 2018 | Docket: 64675473

Published

and her recorded interview with a detective. See § 90.803(23), Fla. Stat. (2015).2 An evidentiary hearing

Dontae R. Morris v. State of Florida

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259326

Published

as an exception to the hearsay evidence rule. § 90.803(18), Fla. Stat. “In the context of a criminal

Bank of New York Mellon v. Beaufort

238 So. 3d 365

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240850

Published

foundation for the records’ admissibility under section 90.803(6)(a).” Id. at 598. BANA’s execution

Tramontana v. Bank of New York Mellon

230 So. 3d 601

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6223855

Published

business records under the evidence code. See § 90.803(6), Fla. Stat. (2014). BNYM could have established

Robert Edward Curran v. State of Florida

229 So. 3d 1266

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219399

Published

the victim’s out-of-court statements because section 90.803(23), Florida Statutes (2009), states that such

Deutsche Bank National Trust Co. v. De Brito

235 So. 3d 972

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219534

Published

foreclosure. The business records exception, section 90.803(6), Florida Statutes (2016), allows a party

Bayview Loan Servicing, LLC v. Rita Kay

227 So. 3d 779, 2017 WL 4654899

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6182925

Published

LLC, 137 So.3d 570, 572 (Fla. 1st DCA 2014). Section 90.803(6), Florida Statutes (2014), permits the admission

Roberts v. State

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163537

Published

reliability and trustworthiness, as required by section 90.803(23)(a) and (c), Florida Statutes (2014). See

Richard M. Rigby v. Bank of New York Mellon

228 So. 3d 183

District Court of Appeal of Florida | Filed: Sep 18, 2017 | Docket: 6158972

Published

admit business records over a hearsay objection, § 90.803(6)(a), Fla. Stat. As the Florida Supreme Court

Hamilton Downs Horsetrack, LLC v. State, Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

226 So. 3d 1046, 2017 Fla. App. LEXIS 12714, 2017 WL 3864050

District Court of Appeal of Florida | Filed: Sep 5, 2017 | Docket: 6147631

Published

statements would be admissible in a civil action. See § 90.803(18)(d), Fla. Stat. (providing that “a statement

J.B. and M.W. v. Dept. of Children and Families

229 So. 3d 412

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142256

Published

admitting several child hearsay statements. Section 90.803(23)(a), Florida Statutes (2016), provides—under

MARGARET SAJIUN v. DANIEL HERNANDEZ

226 So. 3d 875, 2017 Fla. App. LEXIS 12053

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142267

Published

evidence available for inspection, in violation of section 90.803(6)(c), Florida Statutes. However, the defense

State v. James B. Boughs

220 So. 3d 1280, 2017 Fla. App. LEXIS 9181, 2017 WL 2772382

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6082863

Published

the tweet shows the child’s state of mind. See § 90.803(3)(a), Fla. Stat, (2015). However, a Twitter post

Evans v. HSBC Bank, USA, National Association

223 So. 3d 1059, 2017 WL 1829484, 2017 Fla. App. LEXIS 6318

District Court of Appeal of Florida | Filed: May 5, 2017 | Docket: 6058980

Published

802. Business records are such an exception. See § 90.803(6)(a). To admit the payment history into

Dontae Morris v. State of Florida

219 So. 3d 33, 42 Fla. L. Weekly Supp. 502, 2017 WL 1506853, 2017 Fla. LEXIS 929

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813562

Published

as an exception to the hearsay evidence rule. § 90.803(18), Fla. Stat. “In the context of a criminal

Bank of New York Mellon v. Vessels

214 So. 3d 797, 2017 Fla. App. LEXIS 5221

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 5099904

Published

BERGER and EDWARDS, JJ., concur. 1 . § 90.803(6), Fla. Stat. (2014).

Johnny R. Williams v. State of Florida

215 So. 3d 656, 2017 WL 1325870, 2017 Fla. App. LEXIS 4956

District Court of Appeal of Florida | Filed: Apr 11, 2017 | Docket: 4670972

Published

the business records exception outlined in section 90.803(6)(a), Florida Statutes (2013). However, the

Ring Power Corporation v. Condado-Perez

District Court of Appeal of Florida | Filed: Apr 7, 2017 | Docket: 4670185

Published

report were subject to an exception under section 90.803. Finding the statement inadmissible

Richard Todd Robards v. State of Florida

214 So. 3d 568, 42 Fla. L. Weekly Supp. 431, 2017 Fla. LEXIS 756

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669812

Published

offered against Robarás as a party admission. See § 90.803(18)(a), Fla. Stat. (2014). Therefore, the court

Livingston v. State

219 So. 3d 911, 2017 WL 1202398, 2017 Fla. App. LEXIS 4371

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4667149

Published

excitement, caused by the event or condition.” § 90.803(2), Fla. Stat. (2012). [I]n order for an excited

O. W., A Child v. State of Florida

227 So. 3d 654, 2017 WL 1018419

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4619338

Published

the requirements of business records under section 90.803(6), Florida Statutes (2005), or are uncontested

Thermoset Corporation v. Building Materials Corp of America

Court of Appeals for the Eleventh Circuit | Filed: Mar 2, 2017 | Docket: 4613412

Published

entire case from federal court. See Fla. Stat. § 90.803(22) (providing an exception to hearsay for former

In Re: Amendments to the Florida Evidence Code

210 So. 3d 1231, 42 Fla. L. Weekly Supp. 179, 2017 WL 633770, 2017 Fla. LEXIS 338

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586140

Published

at 341-42 (declining to adopt amendments to section 90.803(22), Florida Statutes (1997), which allows

Nock v. State

211 So. 3d 321, 2017 WL 626094, 2017 Fla. App. LEXIS 2052

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60262579

Published

statements are generally inadmissible under section 90.803(18), Florida Statutes (2014). However, the

David M. Baricko v. Barnett Transportation, Inc. and York Risk etc.

220 So. 3d 1219, 2017 WL 163692, 2017 Fla. App. LEXIS 404

District Court of Appeal of Florida | Filed: Jan 17, 2017 | Docket: 4568515

Published

to the former testimony hearsay exception in section 90,803(22), Florida Statutes).

S & M Transportation, Inc. v. Northland Insurance Co.

208 So. 3d 230, 2016 Fla. App. LEXIS 17899

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550608

Published

evidence as an exception to the hearsay rule under section 90.803(6)(a), Florida Statutes (2015), and thus can

Jude B. Lahens v. State

204 So. 3d 982, 2016 Fla. App. LEXIS 17881

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550615

Published

admissible pursuant to section 90.803 of the Florida Statutes (2012). Section 90.803(22) provides: 90

J.C.O. v. Department of Children & Families

199 So. 3d 429, 2016 Fla. App. LEXIS 12760

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415734

Published

admissible as an admission against interest under section 90.803(18)(a), Florida Statutes (2015). The Case Manager

Granados v. State

199 So. 3d 384, 2016 Fla. App. LEXIS 12457, 2016 WL 4379036

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256591

Published

trial as child hearsay statements pursuant to section 90.803(23), Florida Statutes (2015). The court held

Adams v. State

195 So. 3d 424, 2016 Fla. App. LEXIS 11412, 2016 WL 4016346

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60255976

Published

spontaneous statement exception to the hearsay rule. See § 90.803(1), Fla. Stat. (2014) (“[T]he following are not

Dix v. State

196 So. 3d 547, 2016 Fla. App. LEXIS 11429, 2016 WL 4016161

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60256102

Published

defendant’s case had he been tried separately. See § 90.803(18), Fla. Stat. (2014). The court attempted to

Floyd v. Bank of America, N.A.

194 So. 3d 1071, 2016 Fla. App. LEXIS 9669, 2016 WL 3452501

District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3091564

Published

and EDWARDS, JJ., concur. 1 . Section 90.803(6)(a) sets out the business records exception

J.L., a Child v. State of Florida

193 So. 3d 1062, 2016 WL 3268345, 2016 Fla. App. LEXIS 9269

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078554

Published

recollection exception to hearsay codified at section 90.803(5), Florida Statutes, does not apply. The friend

Joseph L. Halliday v. State

192 So. 3d 630, 2016 WL 3030830, 2016 Fla. App. LEXIS 8059

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 3069657

Published

permitted as an exception to hearsay under section 90.803(23), Florida Statutes (2015), which provides:

Wilmington Savings Fund Society, FSB v. Aldape

192 So. 3d 635, 2016 WL 3030833, 2016 Fla. App. LEXIS 8051

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 3069650

Published

therefore admissible under the hearsay exception of section 90.803(6), Florida Statutes (2014). Section 90.902(11)

Darnell v. State

193 So. 3d 88, 2016 WL 2901560, 2016 Fla. App. LEXIS 7629

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3064996

Published

camouflage shirt and said, “That’s him.” ■ Section 90.803(1), Florida Statutes (2014), defines a “spontaneous

Darnell v. State

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3067237

Published

the camouflage shirt and said, “That’s him.” Section 90.803(1), Florida Statutes (2014), defines a “spontaneous

Federal National Mortgage Association v. McFadyen

194 So. 3d 418, 89 U.C.C. Rep. Serv. 2d (West) 652, 2016 WL 1658773, 2016 Fla. App. LEXIS 6351

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058480

Published

. The documents were admitted under section 90.803(6)(c) of the Florida Statutes which in pertinent

Deutsche Bank National Trust Co. v. Alaqua Property

190 So. 3d 662, 2016 Fla. App. LEXIS 6147, 2016 WL 1600421

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3061473

Published

memorandum, report, record, or data compilation_" § 90.803(6)(a), Fla. Stat. (2014). In specific response

Rincon v. HSBC Bank USA, National Ass'n

196 So. 3d 417, 2016 WL 1465695, 2016 Fla. App. LEXIS 5760

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 60256093

Published

addressed each of the foundational requirements of section 90.803(6)(a), Florida Statutes (2014), and expressed

Eveland v. State

189 So. 3d 990, 2016 Fla. App. LEXIS 5100, 2016 WL 1273264

District Court of Appeal of Florida | Filed: Apr 1, 2016 | Docket: 3050106

Published

object. See § 90.803(6)(c), Fla. Stat. (2014). Pursuant to section 90.803(6)(c), a party may establish

Kevin Osorio v. State of Florida

186 So. 3d 601, 2016 Fla. App. LEXIS 3134, 2016 WL 803515

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040734

Published

admissible as statements of a party-opponent under section 90.803(18)(d), Florida Statutes. Second, he asserts

J.G. v. E.B. ex rel. J.G.

185 So. 3d 1293, 2016 Fla. App. LEXIS 2831, 2016 WL 742322

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 60253545

Published

bringing criminal charges, nor should it be. Section 90.803(23), Florida Statutes (2015), specifically

J.G. v. E.B. ex rel. J.G.

185 So. 3d 1293, 2016 Fla. App. LEXIS 2831, 2016 WL 742322

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 60253545

Published

bringing criminal charges, nor should it be. Section 90.803(23), Florida Statutes (2015), specifically

J.G. v. E.B.

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3045501

Published

bringing criminal charges, nor should it be. Section 90.803(23), Florida Statutes (2015), specifically

Michael P. Opsincs v. State of Florida

185 So. 3d 654, 2016 Fla. App. LEXIS 1901, 2016 WL 514235

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035026

Published

a detective were admissions that fell under section 90.803(18), and were clearly relevant to the defendant’s

Wells Fargo Bank, N.A. v. Toni Balkissoon, Devi Balkissoon, Toni R. Balkisson, Jr.

183 So. 3d 1272, 2016 Fla. App. LEXIS 1447, 2016 WL 403311

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033848

Published

rules of evidence. Id. Pursuant to section 90.803(6)(a), Florida Statutes (2013), for business

Terrel McClam v. State of Florida

185 So. 3d 571, 2016 Fla. App. LEXIS 1052, 2016 WL 313972

District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031153

Published

admission by an agent of a party opponent. See § 90.803(18), Fla. Stat. (2014). - Section 394.9155(5)

Lashawna Randall v. State of Florida

182 So. 3d 854, 2016 Fla. App. LEXIS 224

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026045

Published

exception to the rule against hearsay. See § 90.803(2), Fla. Stat. (2013); Willis v. State,

Freddie Lee McLawhorn, Jr. v. State of Florida

183 So. 3d 1166, 2016 Fla. App. LEXIS 221, 2016 WL 67357

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026053

Published

§ 90.801, Fla. Stat. (2013). However, under section 90.803(18)(e), Florida Statutes (2013), a statement

Morrill v. State

184 So. 3d 541, 2015 Fla. App. LEXIS 19101, 2015 WL 9287015

District Court of Appeal of Florida | Filed: Dec 22, 2015 | Docket: 60253323

Published

though the declarant is available as a-witness.”. § 90.803(6), Fla. Stat. (2013). In'this appeal, Appellant

Nationstar Mortgage, LLC v. Marquez

180 So. 3d 219, 2015 Fla. App. LEXIS 18768, 2015 WL 8932416

District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021647

Published

of regularly conducted activity. See § 90.803(6), Fla. Stat. (2013); Bank of America,

Moises Cascante v. State of Florida

181 So. 3d 1209, 2015 Fla. App. LEXIS 18402, 2015 WL 8295335

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019339

Published

child hearsay hearing was insufficient ■ under section 90.803(23)(c), Florida Statutes (2013), to constitute

Mia Real Holding, LLC v. Charles G. Nolan, II

189 So. 3d 858, 2015 Fla. App. LEXIS 17907, 2015 WL 7571468

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3016001

Published

exception to the hearsay rule, contained in section 90.803(6), Florida Statutes (2014), requires the party

Sonia J. Sanchez and Hector L. Sanchez v. SunTrust Bank

179 So. 3d 538, 2015 Fla. App. LEXIS 17909, 2015 WL 7568555

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3015994

Published

The business records exception, found in section 90.803(6), Florida Statutes (2013), allows a party

Paul Frank Small, Jr. v. State of Florida

179 So. 3d 421, 2015 Fla. App. LEXIS 16919, 2015 WL 7008176

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3012519

Published

source, making them admissible pursuant to section 90.803(23), is abuse of discretion. Jones v

Deutsche Bank Trust Co. Americas v. Frias

178 So. 3d 505, 2015 Fla. App. LEXIS 16574, 2015 WL 6735332

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 60251480

Published

including the “business records exception” found in section 90.803(6), Florida Statutes (2013). A party seeking

Deutsche Bank Trust Company Americas v. Fernando Alexis Frias a/k/a Fernando A. Frias, a/k/a Fernandao A. Frias Brendy Frias Mortgage Electronic Registration Systems, Inc.

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009696

Published

including the “business records exception” found in section 90.803(6), Florida Statutes (2013). A party seeking

Kimberly A. Ensler v. Aurora Loan Services, LLC

178 So. 3d 95, 2015 Fla. App. LEXIS 16010, 2015 WL 6496304

District Court of Appeal of Florida | Filed: Oct 28, 2015 | Docket: 3007735

Published

admissible under the business records exception of section 90.803(6)(a), Florida Statutes (2013), are: (1)

David Davidian and Irma Davidian v. JP Morgan Chase Bank, National Association

178 So. 3d 45, 2015 Fla. App. LEXIS 14930, 2015 WL 5827124

District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865054

Published

public *48 records exception in section 90.803(8), Florida Statutes). The Bank also contends

Natacha Peuguero and Angelo Peuguero v. Bank of America, N.A.

169 So. 3d 1198, 2015 Fla. App. LEXIS 10774, 2015 WL 4268796

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679194

Published

rule. The business records exception, found in section 90.803(6), Florida Statutes (2013), allows a party

Richard Summerall v. State of Florida

171 So. 3d 150

District Court of Appeal of Florida | Filed: Jul 13, 2015 | Docket: 2673597

Published

would be admissible as. an admission under section 90.803(18), Florida Statutes (2014). See Christopher

Bartow HMA, LLC v. Edwards

175 So. 3d 820, 2015 Fla. App. LEXIS 10493, 2015 WL 4154180

District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 2679115

Published

language has been discussed in cases involving section 90.803(6)(a), Florida Statutes *825 (2003)

Robert Allan Cowan v. State of Florida

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659779

Published

required findings of reliability pursuant to section 90.803(23), Florida Statutes (2009), when it ruled

Cowan v. State

165 So. 3d 58, 2015 WL 2375273

District Court of Appeal of Florida | Filed: May 19, 2015 | Docket: 60248205

Published

required findings of reliability pursuant to section 90.803(23), Florida Statutes (2009), when it ruled

AS Lily, LLC v. Morgan

164 So. 3d 124, 2015 Fla. App. LEXIS 6879, 2015 WL 2138346

District Court of Appeal of Florida | Filed: May 8, 2015 | Docket: 2655616

Published

a business record. See id. (citing § 90.803(6)). Thus, the court erred in concluding that

Allen v. State

162 So. 3d 1055, 2015 Fla. App. LEXIS 5446, 2015 WL 1650438

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2649590

Published

see also § 90.803(6)(a), Fla. Stat. (2013). “Alternatively, section 90.803(6)(c) provides that

Clairvin v. State

162 So. 3d 192, 2015 WL 477808

District Court of Appeal of Florida | Filed: Feb 6, 2015 | Docket: 60247443

Published

recollection exception to the hearsay rule. See § 90.803(5), Fla. Stat. This was error.2 In Florida, the

Johnson v. Guevara

156 So. 3d 557, 2015 Fla. App. LEXIS 648, 2015 WL 249322

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60245811

Published

interview may be admissible in evidence pursuant to section 90.803(23) of the Florida Evidence Code, the petitioner

Kristy S. Holt v. Calchas, LLC

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592847

Published

records exception to the hearsay rule. Section 90.803(6)(a), Florida Statutes (2013) provides:

Amanda Pope and Anastasia, Inc. v. Daniel and Donna Grace

151 So. 3d 523

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593255

Published

1999) (trial court erred in concluding that “section 90.803(23) preempts all other hearsay exceptions when

Amanda Pope and Anastasia, Inc. v. Daniel and Donna Grace

151 So. 3d 523

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593255

Published

1999) (trial court erred in concluding that “section 90.803(23) preempts all other hearsay exceptions when

Blount v. State

152 So. 3d 29, 2014 Fla. App. LEXIS 17870, 2014 WL 5486887

District Court of Appeal of Florida | Filed: Oct 31, 2014 | Docket: 60244932

Published

recollection recorded exception to the hearsay rule in section 90.803(5), Florida Statutes (2012),1 because the State

Lloyd Steve Burdeshaw and Teresa Burdeshaw v. The Bank of New York Mellon etc.

148 So. 3d 819

District Court of Appeal of Florida | Filed: Oct 12, 2014 | Docket: 1443081

Published

for the business records exception set out in section 90.803(6)(a), Florida Statutes. During the bench trial

F.T. v. State

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1255780

Published

remain hearsay and (absent a predicate under section 90.803(6), Florida Statutes – the business records

F.T. v. State

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1255780

Published

remain hearsay and (absent a predicate under section 90.803(6), Florida Statutes – the business records

John Henry v. State

145 So. 3d 924, 2014 WL 4083405, 2014 Fla. App. LEXIS 12807, 39 Fla. L. Weekly Fed. D 1759

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1119874

Published

881 So.2d 637, 639 (Fla. 3d DCA 2004); § 90.803(18), Fla. Stat. (2011), and the trial court required

Carl Dausch v. State of Florida

141 So. 3d 513, 39 Fla. L. Weekly Supp. 415, 2014 WL 2609192, 2014 Fla. LEXIS 1884

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58813

Published

attempt demonstrated his consciousness of guilt. See § 90.803(3), Fla. Stat. (2011). Because consciousness of

Demetrice Armicle McNeal v. State of Florida

140 So. 3d 991, 39 Fla. L. Weekly Supp. 371, 2014 WL 2516037, 2014 Fla. LEXIS 1813

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 57964

Published

exhibit unless offered by an adverse party. § 90.803(5), Fla. Stat. (2013).

Brandon v. State

138 So. 3d 1150, 2014 WL 2041820, 2014 Fla. App. LEXIS 7571

District Court of Appeal of Florida | Filed: May 19, 2014 | Docket: 60240511

Published

utterance, an exception to the hearsay rule under section 90.803, Florida Statutes. The state called the 911

Hardy v. State

140 So. 3d 1016, 2014 WL 1921741, 2014 Fla. App. LEXIS 7172

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60241341

Published

to admit the database under the exception in section 90.803(17), Florida Statutes (2012), for market reports

Margaret A. Allen v. State of Florida

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57174

Published

statement is unpreserved and without merit. See § 90.803(18)(e), Fla. Stat. (2005). “ ‘In order to preserve

Ramirez v. State

133 So. 3d 648, 2014 WL 996524, 2014 Fla. App. LEXIS 3604

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238866

Published

to the CPT interviewer were admissible under section 90.803(23), Florida Statutes. Ramirez does not challenge

Ingram v. State

164 So. 3d 676, 2014 WL 656734, 2014 Fla. App. LEXIS 2369

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60248018

Published

be used in lieu of live testimony at trial. See § 90.803(23), Fla. Stat. (hearsay exception for videotaped

Rodriguez v. State

120 So. 3d 656, 2013 WL 4779613, 2013 Fla. App. LEXIS 14420

District Court of Appeal of Florida | Filed: Sep 9, 2013 | Docket: 60234188

Published

the required findings of reliability under section 90.803(23), Florida Statutes (2010). Elwell v. State

Merrone v. State

116 So. 3d 589, 2013 WL 3197138, 2013 Fla. App. LEXIS 10078

District Court of Appeal of Florida | Filed: Jun 26, 2013 | Docket: 60232401

Published

admissible as an exception to the hearsay rule, see section 90.803(4), Florida Statutes (2011) (providing for

Ruff v. State

115 So. 3d 1023, 2013 WL 2220252, 2013 Fla. App. LEXIS 8128

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60232051

Published

was admissible as a spontaneous statement. • Section 90.803(1) provides a hearsay exception for “a spontaneous

Nunez v. State

109 So. 3d 890, 2013 WL 1222940, 2013 Fla. App. LEXIS 4911

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60229862

Published

recorded interview was admissible pursuant to section 90.803(23), Florida Statutes (2010). . As indicated

C.C. v. Department of Children & Families

108 So. 3d 1131, 2013 WL 1007487, 2013 Fla. App. LEXIS 4192

District Court of Appeal of Florida | Filed: Mar 14, 2013 | Docket: 60228990

Published

timely objection, and without complying with section 90.803(23), Florida Statutes (2011), the court admitted

Johnson v. State

108 So. 3d 707, 2013 WL 757198, 2013 Fla. App. LEXIS 3301

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60229208

Published

very nature, its admission is controlled by section 90.803(21), Florida Statutes, which is the hearsay

Dixon v. State

107 So. 3d 527, 2013 WL 614130, 2013 Fla. App. LEXIS 2791

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228712

Published

as excited utterances within the meaning of section 90.803(2), Florida Statutes (2010). An excited utterance

Bartholomew v. State

101 So. 3d 888, 2012 Fla. App. LEXIS 18969, 2012 WL 5348436

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60226435

Published

State, 41 So.3d 935 (Fla. 5th DCA 2010). See also § 90.803(5), Fla. Stat. (2010). The trial judge stated

Tutor Time Child Care/Learning Centers v. Patterson

91 So. 3d 264, 2012 WL 2545274, 2012 Fla. App. LEXIS 10685

District Court of Appeal of Florida | Filed: Jul 3, 2012 | Docket: 60309873

Published

records exception to the hearsay rule under section 90.803(6), Florida Statutes, but also an exception

Strohm v. State

84 So. 3d 1181, 2012 Fla. App. LEXIS 5173, 2012 WL 1108406

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60306618

Published

making the reliability findings required by section 90.803(23), Florida Statutes (2009).” The State counters

Berthiaume v. BS EX REL. AK

85 So. 3d 1117, 2012 WL 762033

District Court of Appeal of Florida | Filed: Mar 12, 2012 | Docket: 2412627

Published

required analysis under the hearsay exception, section 90.803(23), Florida Statutes (2011). At the conclusion

Berthiaume v. B.S. ex rel. A.K.

85 So. 3d 1117, 2012 Fla. App. LEXIS 3858

District Court of Appeal of Florida | Filed: Mar 12, 2012 | Docket: 60307013

Published

required analysis under the hearsay exception, section 90.803(23), Florida Statutes (2011). At the conclusion

L.B. v. Naked Truth III, Inc.

117 So. 3d 1114, 2012 WL 385526, 2012 Fla. App. LEXIS 1545

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60232541

Published

the trial court permitted the testimony under section 90.803(3), Florida Statutes (2009), as a “state of

Johnson v. State

76 So. 3d 1124, 2012 Fla. App. LEXIS 40, 2012 WL 28803

District Court of Appeal of Florida | Filed: Jan 6, 2012 | Docket: 60304179

Published

victim’s statements were reliable, as required by section 90.803(23). No determination was made on the record

Glarum v. LaSalle Bank National Ass'n

83 So. 3d 780, 2011 WL 5573941, 2011 Fla. App. LEXIS 18175

District Court of Appeal of Florida | Filed: Nov 17, 2011 | Docket: 60306498

Published

LaSalle’s motion for summary judgment. Pursuant to section 90.803(6)(a), Florida Statutes, documentary evidence

Williams v. State

70 So. 3d 733, 2011 Fla. App. LEXIS 14944, 2011 WL 4374298

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 138257

Published

utterance exception to the hearsay rule pursuant to section 90.803(2) ... ‘the statement must be made: (1) regarding

German v. RYTA FOOD CORP.

65 So. 3d 20, 2011 Fla. App. LEXIS 6603, 2011 WL 1760430

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 2365873

Published

conducted business activity are admissible under section 90.803(6), Florida Statutes, if it is shown that they

Miranda v. State

50 So. 3d 707, 2010 Fla. App. LEXIS 19086, 35 Fla. L. Weekly Fed. D 2844

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 2526013

Published

and reverse for a new trial.[1] As required by § 90.803(23), the order admitting the child hearsay statements

Dreyer v. State

46 So. 3d 613, 2010 Fla. App. LEXIS 14004, 2010 WL 3655543

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2400561

Published

business records exception to the hearsay rule. See § 90.803(6)(a), Fla. Stat. (2008); Medlock v. State, 537

Dreyer v. State

46 So. 3d 613, 2010 Fla. App. LEXIS 14004, 2010 WL 3655543

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2400561

Published

business records exception to the hearsay rule. See § 90.803(6)(a), Fla. Stat. (2008); Medlock v. State, 537

Roberto Garces v. United States Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 294401

Published

I. & N. Dec. 38, 42 (BIA 1995); Fla. Stat. § 90.803(8). In any case, he argued, the affidavits did

Roberto Garces v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 2907059

Published

I. & N. Dec. 38, 42 (BIA 1995); Fla. Stat. § 90.803(8). In any case, he argued, the affidavits did

R.K. v. Department of Children & Family Services

38 So. 3d 859, 2010 Fla. App. LEXIS 9130

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 60294837

Published

authorize the Mother to make them on his behalf. See § 90.803(18)(a)-(c), Fla. Stat. (2009); see also C.A.,

Wolfe v. State

34 So. 3d 227, 2010 Fla. App. LEXIS 6559, 2010 WL 1881095

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1642086

Published

within the state-of-mind hearsay exception, see § 90.803(3)(a)1., Fla. Stat. (2007), because it demonstrates

Harris v. State

37 So. 3d 285, 2010 Fla. App. LEXIS 2686, 2010 WL 743952

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 1668797

Published

prohibiting the admissibility of hearsay. See *287 § 90.803(4), Fla. Stat. (2008). That exception, however

Johnson v. State

996 So. 2d 926, 2008 WL 5101117

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 447692

Published

the trial court complied with the dictates of section 90.803(23), Florida Statutes (2007), and State v.

M.J. v. State

994 So. 2d 485, 2008 Fla. App. LEXIS 17260

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 64856742

Published

event or condition, or immediately thereafter.” § 90.803(1), Fla. Stat. (2007). The security officer’s

MJ v. State

994 So. 2d 485, 2008 WL 4862548

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 2529347

Published

event or condition, or immediately thereafter." § 90.803(1), Fla. Stat. (2007). The security officer's

S.L. v. State

993 So. 2d 1108, 2008 Fla. App. LEXIS 15392

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 64856327

Published

the state cites the child hearsay exception. See § 90.803(24) Fla. Stat. (2006). The state’s reliance on

N.S. v. State

988 So. 2d 1153, 2008 Fla. App. LEXIS 11834

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 64855551

Published

business record exception to the hearsay rule. § 90.803(6)(a), Fla. Stat. (2007).2 The victim identified

N.S. v. State

988 So. 2d 1153, 2008 Fla. App. LEXIS 11834

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 64855551

Published

business record exception to the hearsay rule. § 90.803(6)(a), Fla. Stat. (2007).2 The victim identified

American Home Assur. Co. v. Junger

982 So. 2d 90, 2008 WL 1958615

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 1664996

Published

Similarly, the Law Revision Council Note to section 90.803(6), Florida Statutes (1976), provides that

T.J.N. v. State

977 So. 2d 770, 2008 Fla. App. LEXIS 4371

District Court of Appeal of Florida | Filed: Mar 28, 2008 | Docket: 64854269

Published

record exception to the hearsay rule under section 90.803(b), Florida Statutes (2006), if production

Schreiber v. State

973 So. 2d 1265, 2008 Fla. App. LEXIS 2037, 2008 WL 398822

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 64853874

Published

statements were not admissible as an admission under section 90.803(18)1 because she was not offering the statement

Pressley v. State

968 So. 2d 1039, 2007 WL 4206948

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1745257

Published

admissible as an excited utterance. We agree. Section 90.803(2), Florida Statutes (2006), defines the excited

I.M. v. State

958 So. 2d 1014, 2007 Fla. App. LEXIS 8666

District Court of Appeal of Florida | Filed: May 31, 2007 | Docket: 64851097

Published

the requirements of business records under section 90.803(6), Florida Statutes (2005), or are uncontested

N.C. v. State

947 So. 2d 1201, 2007 Fla. App. LEXIS 821, 2007 WL 173886

District Court of Appeal of Florida | Filed: Jan 25, 2007 | Docket: 64848774

Published

the child victim’s hearsay statement under section 90.803(23), Florida Statutes (2005), we must reverse

Beck v. State

937 So. 2d 821, 2006 Fla. App. LEXIS 15520, 2006 WL 2683321

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 64846737

Published

argues that the 911 call was admissible under section 90.803(2), Florida Statutes, as an excited utterance

Beck v. State

937 So. 2d 821, 2006 Fla. App. LEXIS 15520, 2006 WL 2683321

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 64846737

Published

argues that the 911 call was admissible under section 90.803(2), Florida Statutes, as an excited utterance

Chacon v. State

937 So. 2d 1177, 2006 Fla. App. LEXIS 14893, 2006 WL 2548229

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 64846875

Published

party are exceptions to the hearsay rule. See § 90.803(18)(a), Fla. Stat. (2005). Second, this testimony

Fernandez v. Union Carbide Corp.

937 So. 2d 750, 2006 Fla. App. LEXIS 14895, 2006 WL 2548223

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 64846719

Published

mesothelioma. Professor Ehrhardt has stated: Although section 90.803(6) removes the hearsay bar for entries of opinion

Childers v. State

936 So. 2d 619, 2006 Fla. App. LEXIS 18952

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 64846305

Published

evidence regarding the filing of the motion. Section 90.803(18)(a) provides that a statement by a party

Frederick v. State

923 So. 2d 1288, 2006 Fla. App. LEXIS 4645, 2006 WL 847085

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 64843090

Published

utterance exception to the hearsay rule.- See § 90.803(2), Fla. Stat. (2004). We affirm. Whether the

J.A.S. v. State

920 So. 2d 759, 2006 Fla. App. LEXIS 1685

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 64842358

Published

excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (2004). In an attempt to establish

Hunter v. State

905 So. 2d 977, 2005 Fla. App. LEXIS 10005, 2005 WL 1523842

District Court of Appeal of Florida | Filed: Jun 28, 2005 | Docket: 64839458

Published

for admitting child hearsay statements under section 90.803(23), Florida Statutes (2003). Under that statute

E.P.W. v. State

902 So. 2d 336, 2005 Fla. App. LEXIS 8048, 2005 WL 1250244

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 64838426

Published

abuse introduced pursuant to the provisions of section 90.803(23), Florida Statutes, was insufficient, standing

A.K. v. State

898 So. 2d 1112, 2005 Fla. App. LEXIS 4365, 2005 WL 714046

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64837451

Published

as an exception to the hearsay rule. Fla. Stat. § 90.803(21) (2003); Webster v. State, 500 So.2d 285, 287

A.K. v. State

898 So. 2d 1112, 2005 Fla. App. LEXIS 4365, 2005 WL 714046

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64837451

Published

as an exception to the hearsay rule. Fla. Stat. § 90.803(21) (2003); Webster v. State, 500 So.2d 285, 287

G.H. v. State

896 So. 2d 833, 2005 Fla. App. LEXIS 1875

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 64836884

Published

provide sufficient safeguards of ' reliability. See § 90.803(23)(a)(l), Fla. Stat. (2004); State v. Townsend

Smith v. Unemployment Appeals Commission

891 So. 2d 650, 2005 Fla. App. LEXIS 865, 2005 WL 229870

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64835498

Published

the Administrator was properly admitted under section 90.803(18), Florida Statutes (2003). See Doyle, 635

Amendments to the Florida Evidence Code

891 So. 2d 1037, 29 Fla. L. Weekly Supp. 787, 2004 Fla. LEXIS 2244, 2004 WL 2814287

Supreme Court of Florida | Filed: Dec 9, 2004 | Docket: 64835629

Published

two sections of the Florida Evidence Code. Section 90.803(6), Florida Statutes, was added to provide

Brueckman v. State

867 So. 2d 612, 2004 Fla. App. LEXIS 2683, 2004 WL 402407

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828663

Published

circuit court erred by admitting child hearsay, see § 90.803(23), Fla. Stat. (2001), and by admitting his confession

Torres v. State

853 So. 2d 1072, 2003 Fla. App. LEXIS 8764, 2003 WL 21341414

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 64824917

Published

declar-ant was perceiving the event or condition....” § 90.803(1), Fla. Stat. (2002). See Charles W. Ehrhardt

Price v. City of Boynton Beach

847 So. 2d 1051, 2003 Fla. App. LEXIS 7957, 2003 WL 21221347

District Court of Appeal of Florida | Filed: May 28, 2003 | Docket: 64823427

Published

the hearsay exception for former testimony, section 90.803(22), which requires that the party against

A.J.D. v. State

842 So. 2d 297, 2003 Fla. App. LEXIS 5421, 2003 WL 1877873

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822018

Published

business record exception to the hearsay rule. See § 90.803(6), Fla. Stat. (2002). It is clear that hearsay

Robinson v. State

842 So. 2d 892, 2003 Fla. App. LEXIS 1355, 2003 WL 289084

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 64822166

Published

have been inadmissible at a criminal trial. See § 90.803(6), Fla. Stat. (2001). Because no other evidence

Evans v. State

834 So. 2d 954, 2003 Fla. App. LEXIS 620, 2003 WL 145406

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820010

Published

evidence as an excited utterance as defined by section 90.803(2), Florida Statutes (2001).1 In this regard

Claridy v. State

827 So. 2d 1088, 2002 Fla. App. LEXIS 14785, 2002 WL 31290734

District Court of Appeal of Florida | Filed: Oct 14, 2002 | Docket: 64818076

Published

identification testimony was improperly admitted under section 90.803(4), Florida Statutes, the medical diagnosis

Benardo v. Department of Revenue ex rel. Reilly

819 So. 2d 161, 2002 Fla. App. LEXIS 6200, 2002 WL 920471

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 64815919

Published

“in accordance with the requirements of Florida Statute 90.803(6), governing the admission of business

Durham v. State

815 So. 2d 745, 2002 Fla. App. LEXIS 5892, 2002 WL 825949

District Court of Appeal of Florida | Filed: May 2, 2002 | Docket: 64814868

Published

the child victim would be admissible under section 90.803(23), Florida Statutes (2000), we affirm. We

Phillips v. State

816 So. 2d 161, 2002 Fla. App. LEXIS 5690, 2002 WL 803017

District Court of Appeal of Florida | Filed: May 1, 2002 | Docket: 64815042

Published

utterance exception to the hearsay rule. We agree. Section 90.803(2), Florida Statutes (2001), provides for an

Alarcon v. State

814 So. 2d 1180, 2002 Fla. App. LEXIS 4996, 2002 WL 562303

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 64814675

Published

it could be admissible as an admission under Section 90.803(18)(c), Florida Statutes. In Chao, the defendant

Nimmons v. State

814 So. 2d 1153, 2002 Fla. App. LEXIS 4711, 2002 WL 537495

District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 64814667

Published

that a hospital report was admissible under section 90.803(6)(a), Florida Statutes, the business records

Means v. State

814 So. 2d 1136, 2002 Fla. App. LEXIS 4569, 2002 WL 518535

District Court of Appeal of Florida | Filed: Apr 8, 2002 | Docket: 64814665

Published

out-of-court statements admitted pursuant to section 90.803(23), Florida Statutes (1999).1 At all times

Harden v. State

812 So. 2d 593, 2002 Fla. App. LEXIS 4443, 2002 WL 500195

District Court of Appeal of Florida | Filed: Apr 4, 2002 | Docket: 64813910

Published

instant case did not meet the requirements of section 90.803(5), Florida Statutes. See Hendrieth v. State

Evans v. State

813 So. 2d 194, 2002 Fla. App. LEXIS 3916, 2002 WL 459104

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64814126

Published

out-of-court hearsay statements pursuant to section 90.803(23)(a)(l), Florida Statutes (1999), and that

Pridgeon v. State

809 So. 2d 102, 2002 Fla. App. LEXIS 2207, 2002 WL 313161

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 64813026

Published

medical examination was inadmissible under section 90.803(4), Florida Statutes (2000). See State v. Jones

Bryant v. State

810 So. 2d 1003, 2002 Fla. App. LEXIS 1786, 2002 WL 237425

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 64813242

Published

an exception to the hearsay rule. However, section 90.803(18), Florida Statutes (2001), contains no such

K.E.A. v. State

802 So. 2d 410, 2001 Fla. App. LEXIS 17073

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810981

Published

adjudication of delinquency is reversed. . Section 90.803(5), provides: Recorded recollection. — A memorandum

Foster v. State

804 So. 2d 405, 2001 Fla. App. LEXIS 14166, 2001 WL 1190954

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 64811551

Published

excited utterance exception to the hearsay rule. § 90.803(2), Fla. Stat. (2000); State v. Jano, 524 So.2d

Vereb v. Sardoni

795 So. 2d 260, 2001 Fla. App. LEXIS 13586, 2001 WL 1143143

District Court of Appeal of Florida | Filed: Sep 28, 2001 | Docket: 64808813

Published

record because of the limitation contained in section 90.803(6)(b), Florida Statutes, (1999): (b) No evidence

Arguelles v. State

791 So. 2d 500, 2001 Fla. App. LEXIS 8788, 2001 WL 716813

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 64807392

Published

statements is justified under a different theory. Section 90.803(18)(e), Florida Statutes (2000), is the co-conspirator

Sorondo v. Batet

782 So. 2d 540, 2001 Fla. App. LEXIS 5174, 2001 WL 387512

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 64804783

Published

as substantive evidence of what they contain. § 90.803, Fla.Stat. (1999); Heckford v. Florida Department

Troya v. Miami Beach Health Care Group, Inc.

780 So. 2d 228, 2001 Fla. App. LEXIS 1357, 2001 WL 121150

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 64804333

Published

wax1 was admissible as a party admission under section 90.803(18)(d), Florida Statutes (2000). See Chaney

Patterson v. State

775 So. 2d 419, 2001 Fla. App. LEXIS 67, 2001 WL 10238

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 64802973

Published

excitement caused by the event or condition.” § 90.803(2), Fla. Stat. (1999). “An excited utterance is

F.S. v. Danciu

770 So. 2d 254, 2000 Fla. App. LEXIS 14770, 2000 WL 1658284

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64801366

Published

statement was admissible as an exception under section 90.803(3)(a)2., Florida Statutes (1999) to “[pjrove

Kopko v. State

769 So. 2d 522, 2000 Fla. App. LEXIS 13831, 2000 WL 1595760

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64801102

Published

DCA 1991). We focused on the application of section 90.803(23), Florida Statutes, which allows the admission

Llanos v. State

766 So. 2d 1219, 2000 Fla. App. LEXIS 11910, 2000 WL 1345822

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800321

Published

court admitted the “medical” statements under section 90.803(4), Florida Statutes, which provides for the

Lemon v. State

767 So. 2d 620, 2000 Fla. App. LEXIS 11887, 2000 WL 1344836

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800510

Published

pertinent events was properly admissible under both section 90.803(4), Florida Statutes (1999), State v. Ochoa

Evans v. State

764 So. 2d 822, 2000 Fla. App. LEXIS 9432, 2000 WL 1022356

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 64799469

Published

regarding statements of co-conspirators pursuant to section 90.803(18)(e), Florida Statutes (1997), because the

Morales v. State

768 So. 2d 475, 2000 Fla. App. LEXIS 9354, 2000 WL 1021431

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 64800751

Published

exception to the hearsay rule, contained in section 90.803(3), Florida Statutes (1999). That section allows

State v. Mosley

760 So. 2d 1129, 2000 Fla. App. LEXIS 8498, 2000 WL 902274

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 64798170

Published

admissible under the hearsay exception contained in section 90.803(22), Florida Statutes (1999), which reads as

Hochstadt v. Sanctuary Homeowner's Ass'n

761 So. 2d 1163, 2000 Fla. App. LEXIS 6879, 2000 WL 726446

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64798501

Published

and reports” exception to the hearsay rule. Section 90.803(8), Florida Statutes (1999) authorizes the

Middleton v. State

760 So. 2d 251, 2000 Fla. App. LEXIS 6542, 2000 WL 694153

District Court of Appeal of Florida | Filed: May 31, 2000 | Docket: 64797943

Published

purposes of medical diagnosis or treatment, see § 90.803(4), Fla. Stat. (1997), were within discretion

Martinez v. Vega

751 So. 2d 1268, 2000 Fla. App. LEXIS 2756, 2000 WL 276832

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 64795377

Published

made immediately after the accident, we agree. Section 90.803 Florida Statutes (1999) provides in part: The

S.P. v. State

751 So. 2d 667, 2000 Fla. App. LEXIS 155

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 64795190

Published

without conducting the hearing required by section 90.803(23), Florida Statutes (1997); and (6) a letter

Maiya v. Kennedy

743 So. 2d 1183, 1999 Fla. App. LEXIS 14210

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64791930

Published

testimony of a “custodian or other qualified witness.” § 90.803(6), Fla. Stat. (1997); see Jackson v. State, 738

R.L. v. State

745 So. 2d 391, 1999 Fla. App. LEXIS 13455, 1999 WL 817824

District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 64792385

Published

he did not invoke his possible rights under section 90.803(23)(a)2b, Florida Statutes (1997), which would

Gutierrez v. State

739 So. 2d 1175, 1999 Fla. App. LEXIS 9635, 1999 WL 510636

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 64790489

Published

same opinion, was also correctly admitted. See § 90.803(6)(b), Fla. Stat. (1997). Affirmed.

E.B. v. Department of Children & Family Services

733 So. 2d 1145, 1999 Fla. App. LEXIS 7879, 1999 WL 391643

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64788491

Published

M.B. is based on the hearsay exception of section 90.803(23), Florida Statutes, which is limited to

Kloster Cruise, Ltd. v. Rentz

733 So. 2d 1102, 1999 Fla. App. LEXIS 6440, 1999 WL 312277

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 64788471

Published

any) was entirely harmless. Affirmed. But see § 90.803(8), Fla. Stat. (1997).

Evans v. State

731 So. 2d 766, 1999 Fla. App. LEXIS 4311, 24 Fla. L. Weekly Fed. D 895

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787988

Published

jury instruction pursuant to Florida Statutes section 90.803(18)(e). The state’s legal arguments below did

D.F. v. State

730 So. 2d 384, 1999 Fla. App. LEXIS 4118, 1999 WL 174210

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 64787514

Published

excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (1997). We disagree and affirm

Franzen v. State

746 So. 2d 473, 1998 Fla. App. LEXIS 14857, 1998 WL 937838

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64792825

Published

Sheriffs Office was admitted as evidence under section 90.803(6), Florida Statutes (1995), over defense objection

B.L.N. v. State

722 So. 2d 860, 1998 Fla. App. LEXIS 14710

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 64784981

Published

restitution. The estimates do not qualify under section 90.803(6), Florida Statutes, which provides a hearsay

Trice v. State

719 So. 2d 17, 1998 Fla. App. LEXIS 11524, 1998 WL 598230

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 64783491

Published

afraid of the defendant are not admissible under section 90.803(3), Florida Statutes (1995). See Peterka v

Butler v. State

715 So. 2d 337, 1998 Fla. App. LEXIS 10753, 1998 WL 455510

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 64782038

Published

testimony, or making the findings, required by section 90.803(23), Florida Statutes (1995). Butler also asserts

Schroeder v. State

715 So. 2d 331, 1998 Fla. App. LEXIS 9704, 1998 WL 429067

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64782034

Published

contends that the trial court erred in relying on section 90.803(4), Florida Statutes (Supp.1996), to admit

Beckford v. State

748 So. 2d 284, 1998 Fla. App. LEXIS 9689, 1998 WL 428812

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64793787

Published

excited utterance exception to the hearsay rule. See § 90.803(2), Fla. Stat. (1995). As this court has previously

M.P.C. v. State, Department of Children & Families

709 So. 2d 633, 1998 Fla. App. LEXIS 4357, 1998 WL 195242

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 64780248

Published

See § 90.803(23)(a)2.b., Fla. Stat. (Supp.1996). The mother’s counsel, citing to section 90.803(23),

Estopinan v. State

710 So. 2d 994, 1998 Fla. App. LEXIS 3155, 1998 WL 144916

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64780962

Published

v. York, 173 So.2d 483 (Fla. 2d DCA 1965). Section 90.803(23)(c), Florida Statutes (1995) expressly requires

Brown v. State

707 So. 2d 849, 1998 Fla. App. LEXIS 2155, 1998 WL 88183

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 64779700

Published

the statement admissible to show state of mind. § 90.803(3)(a). The state offered the statement to show

Coberly v. Coberly

704 So. 2d 1125, 1998 Fla. App. LEXIS 875, 1998 WL 17048

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 64778435

Published

child on the grounds that the requirements of section 90.803(23), Florida Statutes (1995), had not been

M.H. v. Department of Health & Rehabilitative Services

703 So. 2d 1195, 1997 Fla. App. LEXIS 14480, 1997 WL 794487

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 64777937

Published

child victim which were admitted pursuant to section 90.803, Florida Statutes. We determine that the oral

Guitterez v. State

704 So. 2d 161

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64778259

Published

state can be a “party” within the meaning of section 90.803(18), Florida Statutes (1995), so that a criminal

Simmons v. State

697 So. 2d 985, 1997 Fla. App. LEXIS 9021, 1997 WL 446911

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 64775320

Published

business record exception to the hearsay rule, see section 90.803(6), Florida Statutes (1995), the state did

Rodriguez v. State

696 So. 2d 533, 1997 Fla. App. LEXIS 7761, 1997 WL 375042

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 64774756

Published

properly admitted as an excited utterance, see § 90.803(2), Fla. Stat. (1995); Romero v. State, 670 So

Laws v. State

696 So. 2d 455, 1997 Fla. App. LEXIS 7524, 1997 WL 361673

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 64774726

Published

utterance *457exception to the hearsay rule. See § 90.803(2), Fla. Stat.

Department of Health & Rehabilitative Services v. M.B.

701 So. 2d 1155, 22 Fla. L. Weekly Supp. 295, 1997 Fla. LEXIS 719, 1997 WL 280066

Supreme Court of Florida | Filed: May 29, 1997 | Docket: 64776994

Published

public importance: DOES THE TERM “STATEMENT” IN SECTION 90.803(23), FLORIDA STATUTES, PERMIT THE ADMISSION

ITT/Palm Coast Utilities v. Douglas

696 So. 2d 390, 1997 Fla. App. LEXIS 5840, 1997 WL 280622

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64774709

Published

does not fall within the exceptions set out in section 90.803(4) or (6), Florida Statutes (1995). Scotty’s

J. G. v. State

685 So. 2d 1385, 1997 Fla. App. LEXIS 115, 1997 WL 7159

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 64770280

Published

violation. This, we believe, complies with section 90.803(6), Florida Statutes. AFFIRMED. COBB and THOMPSON

Dollar v. State

685 So. 2d 901, 1996 Fla. App. LEXIS 12772, 1996 WL 695285

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 64770161

Published

evidence is inadmissible. § 90.802, Fla.Stat. Section 90.803(18), Florida Statutes, contains a hearsay exception

M.B. v. State

695 So. 2d 742, 1996 Fla. App. LEXIS 12635, 1996 WL 688642

District Court of Appeal of Florida | Filed: Nov 27, 1996 | Docket: 64774279

Published

under the “business record exception”, see, e.g., § 90.803(6), Fla. Stat. (1995); Hill v. State, 549 So.2d

L.W. v. State, Department of Health & Rehabilitative Services

681 So. 2d 1181, 1996 Fla. App. LEXIS 10782, 1996 WL 590645

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768538

Published

trial court conducted a hearing, pursuant to section 90.803(23)(a)l, Florida Statutes (1993), to determine

State v. Wright

678 So. 2d 493, 1996 Fla. App. LEXIS 8850, 1996 WL 471048

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 64766742

Published

“excited utterance” exception to the hearsay rule, section 90.803(2), Florida Statutes (1993). The trial court

E.C. v. State

675 So. 2d 192, 1996 Fla. App. LEXIS 5502

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64765248

Published

school records was done in accordance with section 90.803, Florida Statutes (1995). A school official

Rowland v. State

680 So. 2d 502, 1996 Fla. App. LEXIS 4055, 1996 WL 191050

District Court of Appeal of Florida | Filed: Apr 23, 1996 | Docket: 64767861

Published

the relevancy of evidence admissible under section 90.803(23), Florida Statutes (1993). See Pardo v.

Morris v. Home Depot U.S.A., Inc.

673 So. 2d 520, 1996 Fla. App. LEXIS 3920, 1996 WL 185662

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 64764583

Published

appellee store’s negligence in stacking the boxes. . § 90.803(5), Fla.Stat. . Reichenbach v. New Alamac Hotel

A.E. v. State

668 So. 2d 704, 1996 Fla. App. LEXIS 1754, 1996 WL 86205

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 64762647

Published

sought to introduce these statements pursuant to section 90.803(23), Florida Statutes (1993), which authorizes

Sheets v. State

668 So. 2d 295, 1996 Fla. App. LEXIS 1553, 1996 WL 69637

District Court of Appeal of Florida | Filed: Feb 20, 1996 | Docket: 64762460

Published

child witness who was not the victim under section 90.803(23), Florida Statutes. See State v. Dupree

J.M. v. State

665 So. 2d 1135, 1996 Fla. App. LEXIS 65

District Court of Appeal of Florida | Filed: Jan 5, 1996 | Docket: 64761212

Published

observation of the event or condition described. See § 90.803(1) Fla.Stat. (1993) (a spontaneous statement is

Moore v. State

658 So. 2d 600, 1995 Fla. App. LEXIS 7701, 1995 WL 421132

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64758012

Published

trial court entered a written order pursuant to section 90.803(23), Florida Statutes (1993), allowing for

Moore v. State

658 So. 2d 600, 1995 Fla. App. LEXIS 7701, 1995 WL 421132

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64758012

Published

trial court entered a written order pursuant to section 90.803(23), Florida Statutes (1993), allowing for

Addison v. State

653 So. 2d 482, 1995 Fla. App. LEXIS 3703, 1995 WL 214608

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64755486

Published

admissible as an exception to the Hearsay Rule. Section 90.803(18) provides: [T]he following are not inadmissible

Beasley v. State

652 So. 2d 990, 1995 Fla. App. LEXIS 3626, 1995 WL 170419

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755271

Published

PER CURIAM. Affirmed. § 90.803(2), Fla.Stat. (1993); West v. State, 149 Fla. 436, 6 So.2d 7 (1942);

Jones v. State

652 So. 2d 449, 1995 WL 119099

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 2582874

Published

hearsay testimony was properly admitted pursuant to § 90.803(23), Florida Statutes (1989) and thus no error

M.W. v. Department of Health & Rehabilitative Services

651 So. 2d 754, 1995 Fla. App. LEXIS 2129, 1995 WL 87335

District Court of Appeal of Florida | Filed: Mar 6, 1995 | Docket: 64754860

Published

admissible under the hearsay exception set out in section 90.803(23), Florida Statutes, the trial court failed

Sm v. State, Department of Health & Rehabilitative Services

651 So. 2d 208, 1995 Fla. App. LEXIS 1959, 1995 WL 79779

District Court of Appeal of Florida | Filed: Mar 1, 1995 | Docket: 1518203

Published

HRS offered this hearsay evidence pursuant to section 90.803(23), Florida Statutes (1992). In October 1993

Green v. State

667 So. 2d 789, 1995 Fla. App. LEXIS 28, 1995 WL 1525

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 64762178

Published

properly admitted in this case in accordance with section 90.803(23)(a), Florida Statutes. Nevertheless, the

State v. Cherryhomes

647 So. 2d 841, 20 Fla. L. Weekly Supp. 15, 1994 Fla. LEXIS 1966, 1994 WL 708481

Supreme Court of Florida | Filed: Dec 22, 1994 | Docket: 64753011

Published

“TESTIFY OR BE UNAVAILABLE” REQUIREMENT OF SECTION 90.803(23)(a)(2)? Id. at 988. We have jurisdiction

Hill v. State

643 So. 2d 653, 1994 Fla. App. LEXIS 9483, 1994 WL 534774

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 64751422

Published

pursuant to the hearsay exception contained in section 90.803(23), Florida Statutes (1991). We find merit

Anderson v. State

642 So. 2d 109, 1994 Fla. App. LEXIS 8667, 1994 WL 483404

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64750638

Published

We reject his constitutional challenge to section 90.803(23)(c), Florida Statutes (1991), and his assertion

State v. Grego

648 So. 2d 743, 1994 Fla. App. LEXIS 8540, 1994 WL 466212

District Court of Appeal of Florida | Filed: Aug 31, 1994 | Docket: 64753425

Published

sufficient safeguards of reliability under section 90.803(23), Florida Statutes (1991). Appellee, Kathy

Etienne v. State

641 So. 2d 422, 1994 Fla. App. LEXIS 7522, 1994 WL 390775

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 64750390

Published

based on the statutory scheme set forth in section 90.803(23), Florida Statutes, but some of the quirks

Rae v. State

638 So. 2d 597, 1994 Fla. App. LEXIS 6010, 1994 WL 275482

District Court of Appeal of Florida | Filed: Jun 22, 1994 | Docket: 64749206

Published

ledger sheets would have been admissible under section 90.803(7) to show that the company did not receive

Seifert v. State

636 So. 2d 716, 19 Fla. L. Weekly Supp. 264, 1994 Fla. LEXIS 732, 1994 WL 178130

Supreme Court of Florida | Filed: May 12, 1994 | Docket: 64748282

Published

regarding the introduction of child hearsay under section 90.-803(23), Florida Statutes (1989), because he failed

Cherryhomes v. State

635 So. 2d 985, 1994 Fla. App. LEXIS 3505, 1994 WL 131208

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 64747900

Published

with a twenty-five year minimum mandatory. Section 90.803(23), Florida Statutes (1989), governs the admissibility

Johnson v. State

633 So. 2d 484, 1994 Fla. App. LEXIS 1310, 1994 WL 51105

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 64746912

Published

admissible under the business records exception. See § 90.803(6), Fla. Stat. (1991). On appeal, the appellant

Coley v. State

626 So. 2d 1118, 1993 Fla. App. LEXIS 11841, 1993 WL 492607

District Court of Appeal of Florida | Filed: Nov 30, 1993 | Docket: 64744117

Published

PER CURIAM. Affirmed. § 90.803(2), Fla.Stat. (1991); Warren v. State, 498 So.2d 472, 477 (Fla. 3d DCA

Johnson v. State

625 So. 2d 1297, 1993 Fla. App. LEXIS 11188, 1993 WL 437780

District Court of Appeal of Florida | Filed: Nov 1, 1993 | Docket: 64743815

Published

relevant and admissible as an admission under section 90.803(18)(a), Florida Statutes (1991). Appellant’s

Young v. State

624 So. 2d 794, 1993 Fla. App. LEXIS 9499, 1993 WL 372197

District Court of Appeal of Florida | Filed: Sep 24, 1993 | Docket: 64743089

Published

consistent statement of sexual abuse by a child. Section 90.803(23), Fla. Stat. (1989); see also Pardo v. State

In the Interest of M.S.

623 So. 2d 1239, 1993 Fla. App. LEXIS 9428, 1993 WL 356916

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 64698655

Published

Accordingly, her testimony was admissible under section 90.-803(6)(a), Florida Statutes (1991). Affirmed. RYDER

T.S. v. State

623 So. 2d 603, 1993 Fla. App. LEXIS 8772, 1993 WL 324026

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 64698456

Published

no exceptions to the hearsay rule apply. See § 90.803, Fla.Stat. (1991). Out-of-court statements made

Warner v. Reiss

623 So. 2d 777, 1993 Fla. App. LEXIS 8471, 1993 WL 310666

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 64698524

Published

independently admissible as an admission under section 90.803(18), Florida Statutes (1991). See Saudi Arabian

Phillips v. State

621 So. 2d 734, 1993 Fla. App. LEXIS 6154, 1993 WL 191945

District Court of Appeal of Florida | Filed: Jun 8, 1993 | Docket: 64697772

Published

hospital record as a business record pursuant to section 90.803(6), Florida Statutes (1991). We agree with

State v. Malarney

617 So. 2d 739, 1993 Fla. App. LEXIS 3815

District Court of Appeal of Florida | Filed: Apr 7, 1993 | Docket: 64695870

Published

Texas defense witness testimony was error. See § 90.803(10), Fla.Stat. (1989); Terranova v. State, 474

Sessions v. State

614 So. 2d 41, 1993 Fla. App. LEXIS 3187, 1993 WL 62307

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 64694431

Published

PER CURIAM. Affirmed. § 90.803(23), Fla.Stat. (1991); Hernandez v. State, 597 So.2d 408 (Fla. 3d DCA

Snelling & Snelling, Inc. v. Kaplan

614 So. 2d 665, 1993 Fla. App. LEXIS 2248, 1993 WL 48258

District Court of Appeal of Florida | Filed: Feb 26, 1993 | Docket: 64694635

Published

admitted into evidence as a business record. See § 90.803(6), Fla.Stat. (1991). Reversed and remanded for

Townsend v. State

613 So. 2d 534, 1993 Fla. App. LEXIS 634, 1993 WL 16411

District Court of Appeal of Florida | Filed: Jan 29, 1993 | Docket: 64693972

Published

“unavailable” witness within the meaning of section 90.-803(23). That subsection was added to the Evidence

Mackey v. State

608 So. 2d 582, 1992 Fla. App. LEXIS 12989, 1992 WL 353378

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 64692087

Published

State v. Jano, 524 So.2d 660, 662 (Fla.1988); § 90.803(2), Fla.Stat. (1991).

Parsons v. State

608 So. 2d 67, 1992 Fla. App. LEXIS 10698, 1992 WL 282064

District Court of Appeal of Florida | Filed: Oct 16, 1992 | Docket: 64691772

Published

admissions against a party, the defendant, under section 90.803(18), Florida Statutes (1989). If this occurred

Pallay v. Pallay

605 So. 2d 582, 1992 Fla. App. LEXIS 10237, 1992 WL 240592

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670057

Published

investigator of the CPT unit to testify pursuant to section 90.803(23), Florida Statutes (1989). These witnesses

King v. State, Department of Health & Rehabilitative Services

601 So. 2d 1343, 1992 Fla. App. LEXIS 8576, 1992 WL 175569

District Court of Appeal of Florida | Filed: Jul 28, 1992 | Docket: 64668817

Published

of two of J.K.’s older siblings pursuant to section 90.-803(23), Florida Statutes (1989). Assuming arguendo

Pinder v. State

604 So. 2d 848, 1992 Fla. App. LEXIS 7451, 1992 WL 156900

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64669554

Published

child’s statement to psychologist Boychuk. . Section 90.803(23), Florida Statutes, authorizes the use of

Cash v. State

596 So. 2d 746, 1992 Fla. App. LEXIS 3849, 1992 WL 59223

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64666539

Published

Appellant argues, among other things, that section 90.803(23), Florida Statutes, is unconstitutional

Tinson v. State

594 So. 2d 334, 1992 Fla. App. LEXIS 1889, 1992 WL 36272

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665490

Published

child victim’s hearsay statements pursuant to section 90.803(23), Florida Statutes (1989) was not error

Perry v. State

593 So. 2d 620, 1992 Fla. App. LEXIS 1630, 1992 WL 29038

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 64665284

Published

of trustworthiness and relia*621bility under section 90.803(23), Florida Statutes (1989). He also argues

Perry v. State

593 So. 2d 620, 1992 Fla. App. LEXIS 1630, 1992 WL 29038

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 64665284

Published

of trustworthiness and relia*621bility under section 90.803(23), Florida Statutes (1989). He also argues

Coleman v. State

592 So. 2d 788, 1992 Fla. App. LEXIS 866, 1992 WL 16573

District Court of Appeal of Florida | Filed: Feb 4, 1992 | Docket: 64664754

Published

“unavailable as a witness,” within the meaning of § 90.803(23)(a)2.b., Fla.Stat. (1991), so as to permit

In the Interest of L.S. v. State

591 So. 2d 1105, 1992 Fla. App. LEXIS 14, 1992 WL 271

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 64664439

Published

admissible as a statement of a co-conspirator. Section 90.803(18)(e), Florida Statutes reads in relevant

State v. Coleman

589 So. 2d 1038, 1991 Fla. App. LEXIS 12863, 1991 WL 259223

District Court of Appeal of Florida | Filed: Dec 10, 1991 | Docket: 64663303

Published

1990), review denied, 581 So.2d 1310 (Fla. 1991); § 90.803(23), Fla. Stat. (1989); see generally Fricke v

Dowling v. State

588 So. 2d 1093, 1991 Fla. App. LEXIS 11850, 1991 WL 247470

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 64662923

Published

PER CURIAM. Affirmed. § 90.803(23), Fla.Stat. (1990); Glendening v. State, 536 So.2d 212 (Fla.1988)

Holmes v. State

588 So. 2d 1091, 1991 Fla. App. LEXIS 12107, 1991 WL 247462

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 64662920

Published

Knight v. State, 338 So.2d 201, 204 (Fla. 1976); § 90.803(1), (2), Fla.Stat. (1989).

Farrell v. Republic of Colombia

589 So. 2d 972, 1991 Fla. App. LEXIS 11263, 1991 WL 232271

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 64663268

Published

1984), rev. denied, 467 So.2d 999 (Fla.1985); § 90.803(22), Fla.Stat. (1989). Finally, the trial court

Rowan v. Department of Health & Rehabilitative Services

588 So. 2d 1018, 1991 Fla. App. LEXIS 10484, 1991 WL 213260

District Court of Appeal of Florida | Filed: Oct 24, 1991 | Docket: 64662890

Published

and R.R. were properly admitted 1 pursuant to section 90.803(23), Florida Statutes (1989). The statute provides

Jenkins v. State

586 So. 2d 1334, 1991 Fla. App. LEXIS 13923, 1991 WL 200146

District Court of Appeal of Florida | Filed: Oct 8, 1991 | Docket: 64662148

Published

the court complied with the requirements of section 90.803(23), Florida Statutes (1989) and made extensive

Miami Free Zone Corp v. Electronics Trade Center

586 So. 2d 1279, 1991 Fla. App. LEXIS 13920, 1991 WL 193104

District Court of Appeal of Florida | Filed: Oct 1, 1991 | Docket: 64662135

Published

“statement by [an] agent or servant” pursuant to section 90.803(18)(d), Florida Statutes (1989), because it

Bryant v. State

586 So. 2d 1269, 1991 Fla. App. LEXIS 9848, 1991 WL 193133

District Court of Appeal of Florida | Filed: Sep 30, 1991 | Docket: 64662132

Published

the deposition of Horace Bryant, pursuant to section 90.803(23), Florida Statutes (1989) (the hearsay exception

Jaggers v. State

588 So. 2d 613, 1991 Fla. App. LEXIS 9449, 1991 WL 191612

District Court of Appeal of Florida | Filed: Sep 27, 1991 | Docket: 64662778

Published

because there was insufficient compliance with section 90.803(23)(c), Florida Statutes (1985), which requires

Duncan v. State

583 So. 2d 439, 1991 Fla. App. LEXIS 7926, 1991 WL 152508

District Court of Appeal of Florida | Filed: Aug 14, 1991 | Docket: 64660550

Published

medical diagnosis or treatment” exception m section 90.803(4), Florida Statutes (1989). The prejudice

Williams v. State

582 So. 2d 89, 1991 Fla. App. LEXIS 5876, 1991 WL 110850

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 64659985

Published

deposition without compliance with the provisions of section 90.803(23) of the evidence code which per*90mits,

Smith v. State

579 So. 2d 906, 1991 Fla. App. LEXIS 4830, 1991 WL 87939

District Court of Appeal of Florida | Filed: May 30, 1991 | Docket: 64658839

Published

rule. State v. Jano, 524 So.2d 660 (Fla.1988); § 90.803(2), Fla.Stat.(1987). The court erred in allowing

Clay v. State

580 So. 2d 843, 1991 Fla. App. LEXIS 4784, 1991 WL 85529

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 64659279

Published

admitting in evidence a videotape of R.R. pursuant to § 90.803(23),1 Florida Statutes, and (2) did not err in

Publix Super Markets, Inc. v. Sweet

579 So. 2d 244, 1991 Fla. App. LEXIS 3825, 1991 WL 65961

District Court of Appeal of Florida | Filed: Apr 30, 1991 | Docket: 64658603

Published

pursuant to any of the hearsay exceptions. See § 90.803, Fla.Stat. (1987). In light of our disposition

Houssami v. Nofal

578 So. 2d 495, 1991 Fla. App. LEXIS 3774, 1991 WL 61811

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 64658281

Published

rule because the statements are not trustworthy. § 90.803(6)(a), Fla.Stat. (1989). The trial court also

Visconti v. Hollywood Rental Service

580 So. 2d 197, 1991 Fla. App. LEXIS 3712, 1991 WL 60851

District Court of Appeal of Florida | Filed: Apr 24, 1991 | Docket: 64658976

Published

may be admitted as “recorded recollection.” 1 § 90.803(5), Fla. Stat. (1989). Further, I agree that appellant’s

Stephenson v. Rice

574 So. 2d 286, 1991 Fla. App. LEXIS 1100, 1991 WL 17307

District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 64656335

Published

state attempted to proceed in accordance with section 90.803(23), Florida Statutes (1989),1 and presented

A.M. v. State

574 So. 2d 1185, 1991 Fla. App. LEXIS 966, 1991 WL 15564

District Court of Appeal of Florida | Filed: Feb 12, 1991 | Docket: 64656500

Published

the physician’s testimony constituted error. Section 90.803(4), Florida Statutes (1987), creates a hearsay

Stern v. Gad

575 So. 2d 258, 1991 Fla. App. LEXIS 972, 1991 WL 15563

District Court of Appeal of Florida | Filed: Feb 12, 1991 | Docket: 64656594

Published

business records exception to the hearsay rule. See § 90.803(6)-(7), Fla.Stat. (1989). The personal representative

Carroll v. State

570 So. 2d 429, 1990 Fla. App. LEXIS 8951, 1990 WL 182292

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 64654682

Published

1084, 109 S.Ct. 1542, 103 L.Ed.2d 846 (1989); § 90.803(23)(a), Fla.Stat. (1987).

S.M.M. v. State

569 So. 2d 1339, 1990 Fla. App. LEXIS 8620, 1990 WL 175077

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 64654571

Published

enumerated exceptions to the hearsay rule. See § 90.803(1) — (23), Fla. Stat. (1989). Although the victim

S.M.M. v. State

569 So. 2d 1339, 1990 Fla. App. LEXIS 8620, 1990 WL 175077

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 64654571

Published

enumerated exceptions to the hearsay rule. See § 90.803(1) — (23), Fla. Stat. (1989). Although the victim

Ott v. State

566 So. 2d 928, 1990 Fla. App. LEXIS 7052, 1990 WL 133828

District Court of Appeal of Florida | Filed: Sep 18, 1990 | Docket: 64652955

Published

Sampson v. State, 375 So.2d 325 (Fla. 2d DCA 1979); § 90.803(7), Fla. Stat. (1989).

Williams v. State

564 So. 2d 199, 1990 Fla. App. LEXIS 4894, 1990 WL 95349

District Court of Appeal of Florida | Filed: Jul 3, 1990 | Docket: 64651632

Published

was properly admitted into evidence under Section 90.803(4), (18), Florida Statutes (1987), even if

Amado v. State

563 So. 2d 736, 1990 Fla. App. LEXIS 4091, 1990 WL 77234

District Court of Appeal of Florida | Filed: Jun 8, 1990 | Docket: 64651288

Published

coconspirator exception to the hearsay rule, section 90.803(18)(e), Florida Statutes. The defendant correctly

Fletcher v. McEwen

561 So. 2d 616, 1990 Fla. App. LEXIS 2973, 1990 WL 54984

District Court of Appeal of Florida | Filed: May 2, 1990 | Docket: 64650739

Published

business record exception to the hearsay rule. See § 90.803(6)(a), Fla.Stat. (1985). Appellee argues that

T.M. v. State

557 So. 2d 180, 1990 Fla. App. LEXIS 1040, 1990 WL 15235

District Court of Appeal of Florida | Filed: Feb 20, 1990 | Docket: 64648446

Published

PER CURIAM. Affirmed. See Section 90.803(23), Florida Statutes (1987).

T.A. v. State

553 So. 2d 1310, 1989 Fla. App. LEXIS 7016

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 64647073

Published

business records exception to the hearsay rule. § 90.803(6), Fla.Stat. (1987). The copy of the vehicle’s

TA v. State

553 So. 2d 1310, 1989 WL 149638

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 1259200

Published

business records exception to the hearsay rule. § 90.803(6), Fla. Stat. (1987). The copy of the vehicle's

Ngai v. State

556 So. 2d 1130, 14 Fla. L. Weekly 2764, 1989 Fla. App. LEXIS 6684, 1989 WL 142665

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 64648124

Published

Section 90.801(1)(c), Florida Statutes (1985); Section 90.803(18)(e), Florida Statutes (1985); Maggard v

Wynne v. Exercise Centers of Southeast Florida, Inc.

548 So. 2d 704, 14 Fla. L. Weekly 1816, 1989 Fla. App. LEXIS 4287, 1989 WL 85248

District Court of Appeal of Florida | Filed: Aug 1, 1989 | Docket: 64644803

Published

DCA 1986), rev. denied, 508 So.2d 15 (Fla.1987); § 90.803(18)(d), Fla.Stat. (1987). *705We further conclude

Raulerson v. State

544 So. 2d 338, 14 Fla. L. Weekly 1416, 1989 Fla. App. LEXIS 3254, 1989 WL 61540

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 64642901

Published

cannabis. Cruz v. State, 465 So.2d 516 (Fla.1985); § 90.803(21), Fla.Stat. (1987). However, we reverse that

Freeman v. State

545 So. 2d 915, 14 Fla. L. Weekly 1061, 1989 Fla. App. LEXIS 2290, 1989 WL 41169

District Court of Appeal of Florida | Filed: Apr 28, 1989 | Docket: 64643425

Published

insufficient compliance with the requirement of section 90.-803(23)(b), Florida Statutes (1985), as to advance

G.M. v. State

530 So. 2d 461, 13 Fla. L. Weekly 2054, 1988 Fla. App. LEXIS 3884, 1988 WL 89709

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64636718

Published

utterance. As an exception to the hearsay rule, section 90.803(2), Florida Statutes, provides: (2) Excited

Snodderly v. State

528 So. 2d 982, 13 Fla. L. Weekly 1723, 1988 Fla. App. LEXIS 3291, 1988 WL 75574

District Court of Appeal of Florida | Filed: Jul 22, 1988 | Docket: 64636148

Published

statements of child sexual abuse victims, under section 90.803(23). Distefano v. State, 526 So.2d 110 (Fla

Fassberg v. Albertson's, Inc.

524 So. 2d 1091, 13 Fla. L. Weekly 1061, 1988 Fla. App. LEXIS 1751, 1988 WL 40535

District Court of Appeal of Florida | Filed: May 4, 1988 | Docket: 64634722

Published

within the scope of the employee’s duties. See section 90.-803(18)(d). I would, therefore, affirm.

Wright v. DEPT. OF EDUC., BLIND SERV.

523 So. 2d 681, 1988 WL 27815

District Court of Appeal of Florida | Filed: Mar 23, 1988 | Docket: 1517273

Published

business records exception to the hearsay rule, section 90.803(6)(a), Florida Statutes (1985).[2]Department

Garmon v. State

519 So. 2d 685, 13 Fla. L. Weekly 295, 1988 Fla. App. LEXIS 358, 1988 WL 6399

District Court of Appeal of Florida | Filed: Jan 29, 1988 | Docket: 64632505

Published

1016, 101 S.Ct. 578, 66 L.Ed.2d 476 (1980); Section 90.803(3)(b), Florida Statutes. AFFIRMED. SMITH, C

Cowles v. State

517 So. 2d 771, 13 Fla. L. Weekly 152, 1988 Fla. App. LEXIS 49, 1988 WL 338

District Court of Appeal of Florida | Filed: Jan 6, 1988 | Docket: 64631785

Published

utterance exception to the hearsay rule as found in section 90.803(2), Florida Statutes (1985). Addressing the

State v. Brea

525 So. 2d 907, 13 Fla. L. Weekly 20, 1987 Fla. App. LEXIS 11750, 1987 WL 3379

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 64634985

Published

matter of the law of evidence as “admissions,” see § 90.803(18)(e), Fla.Stat. (1985), the order in question

McMahon v. Spalding & Evenflo Companies, Inc.

516 So. 2d 1, 1987 Fla. App. LEXIS 11133, 1987 WL 1780

District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 64631165

Published

Section 59.-041, Florida Statutes (1985) and Section 90.803(6), Florida Statutes (1985).

Williams v. State

515 So. 2d 1042, 12 Fla. L. Weekly 2520, 1987 Fla. App. LEXIS 10837, 1987 WL 4129

District Court of Appeal of Florida | Filed: Nov 3, 1987 | Docket: 64631035

Published

not during the course of the conspiracy. See § 90.803(18)(e), Fla.Stat. (1981).

Blue v. State

513 So. 2d 754, 12 Fla. L. Weekly 2379, 1987 Fla. App. LEXIS 12237

District Court of Appeal of Florida | Filed: Oct 7, 1987 | Docket: 64629964

Published

excited utterance exception to the hearsay rule. Section 90.803(2), Florida Statutes (1985) provides: (2) Excited

Hungerford v. Mathews

511 So. 2d 1127, 12 Fla. L. Weekly 2177, 1987 Fla. App. LEXIS 10149

District Court of Appeal of Florida | Filed: Sep 9, 1987 | Docket: 64629084

Published

as an exception to the hearsay rule under section 90.-803(4), Florida Statutes (1985), which permits

Depontis v. American Land Cruisers, Inc.

508 So. 2d 502, 1987 Fla. App. LEXIS 8728

District Court of Appeal of Florida | Filed: Jun 9, 1987 | Docket: 64627828

Published

Staley, 226 So.2d 129, 131 (Fla.4th DCA 1969); § 90.803(6)(a), Fla.Stat. (1985).

Danches v. Danches

503 So. 2d 461, 12 Fla. L. Weekly 737, 1987 Fla. App. LEXIS 7185

District Court of Appeal of Florida | Filed: Mar 10, 1987 | Docket: 64625477

Published

Florida Statutes (1985), and the hearsay rule, § 90.803(3), Florida Statutes (1985), precluded appellant

Irons v. State

502 So. 2d 43, 12 Fla. L. Weekly 382, 1987 Fla. App. LEXIS 11883

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64624869

Published

information in paragraph 1 was admissible under section 90.803, Florida Statutes (1985), as an exception to

Warner v. Walker

500 So. 2d 645, 12 Fla. L. Weekly 146, 1986 Fla. App. LEXIS 11618

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624263

Published

type evidence might also be admissible under section 90.803(3), Florida Statutes (1985). In addition, in

Silveira-Hernandez v. State

495 So. 2d 914, 11 Fla. L. Weekly 2167

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 1750891

Published

time to reflect and deliberate on his story. See § 90.803(1), (2), Fla. Stat. (1983); Lyles v. State, 412

Saucier v. State

491 So. 2d 1282, 11 Fla. L. Weekly 1663, 1986 Fla. App. LEXIS 9139

District Court of Appeal of Florida | Filed: Jul 31, 1986 | Docket: 64620840

Published

could not be received as an admission under section 90.803(18) without violating defendant’s constitutional

R & W Farm Equipment Co. v. Fiat Credit Corp.

466 So. 2d 407, 10 Fla. L. Weekly 816, 1985 Fla. App. LEXIS 13161

District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 64610955

Published

entitled to consider the affidavit pursuant to § 90.803(6)(a), Florida Statutes. See Safe-T-Lawn Inc.

Thomasson v. Money Store/Florida, Inc.

464 So. 2d 1309, 10 Fla. L. Weekly 680, 1985 Fla. App. LEXIS 12939

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64610466

Published

of the business record hearsay exception of section 90.803(6), Florida Statutes (1983). Therefore, the

Brewster v. Alachua Tire & Fuel Services, Inc.

442 So. 2d 313, 1983 Fla. App. LEXIS 24471

District Court of Appeal of Florida | Filed: Dec 2, 1983 | Docket: 64601497

Published

business records exception to the hearsay rule, § 90.803(6)(a), Fla. Stat., nor in its failure to give

Hertz Corp. v. Zingaro

429 So. 2d 1373, 1983 Fla. App. LEXIS 28954

District Court of Appeal of Florida | Filed: Apr 26, 1983 | Docket: 64596502

Published

*1374McNally, 305 So.2d 79 (Fla. 3d DCA 1974); § 90.803(3)(a)l, Fla.Stat. (1981).

Eaton v. State

410 So. 2d 933, 1981 Fla. App. LEXIS 21882

District Court of Appeal of Florida | Filed: Dec 9, 1981 | Docket: 64588381

Published

thrust of appellants’ first point is that, since Section 90.803(18)(e), Florida Statutes (1979), requires a

In the Interest of G. J. N.

405 So. 2d 787, 1981 Fla. App. LEXIS 21616

District Court of Appeal of Florida | Filed: Nov 12, 1981 | Docket: 64586000

Published

testimony as a business record pursuant to Section 90.-803(6), Florida Statutes (1979). This ruling was

Hollis v. State

395 So. 2d 597, 1981 Fla. App. LEXIS 27992

District Court of Appeal of Florida | Filed: Mar 24, 1981 | Docket: 64581139

Published

State v. Johnson, 382 So.2d 765 (Fla.2d DCA 1980); § 90.803(2), Fla. Stat. (1979).1 . The excited utterance