Annotations, Discussions, Cases:
Cases Citing Statute 90.953
Total Results: 38
888 So. 2d 725, 2004 Fla. App. LEXIS 18863, 2004 WL 2827080
District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1697260
Cited 15 times | Published
...y note, not the mortgage. The Evidence Code provides the rationale for this conclusion. Section 90.952, Florida Statutes (2002), indicates that original documents are required to prove the contents of a writing, unless otherwise provided by statute. Section 90.953, Florida Statutes (2002), however, indicates that duplicates are admissible unless a genuine question is raised about the authenticity of the original, or it is unfair to admit the duplicate, or: The document or writing is a negotiable instrument as defined in s....
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
...reference in section 90.4025, Florida Statutes, Admissibility of paternity determination in certain criminal prosecutions); 99-2, section 28 (reenacting section 90.503, Florida Statutes, Psychotherapist-patient privilege); 99-2, section 29 (amending section 90.953, Florida Statutes, Admissibility of duplicates); 99-8, section 5 (amending section 90.503, Florida Statutes, Psychotherapist-patient privilege); 99-8, section 6 (amending section 90.6063(5)(b), Florida Statutes, Interpreter services fo...
417 So. 2d 975
Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 1383986
Cited 13 times | Published
...erred to by the prosecutor and the state's witnesses. Furthermore, we do not perceive this case as involving the defendant's right of confrontation, as did both the third district court in Alexander and the fifth district court in this case. [3] See § 90.953, Fla....
459 F. Supp. 2d 1294, 2006 U.S. Dist. LEXIS 94865, 2006 WL 3102818
District Court, S.D. Florida | Filed: Oct 30, 2006 | Docket: 2292884
Cited 7 times | Published
...Lord, 851 So.2d 790, 791 (Fla. 4th DCA 2003); Figueredo v. Bank Espirito Santo, 537 Sold 1113, 1113 (Fla. 3rd DCA 1989); Shelter Dev. Group, Inc. v. Mma of Georgia, Inc., 50 B.R. 588, 590 (Bkrtcy.S.D.Fla.1985) (applying Florida law). See also Fla. Stat. § 90.953 (with respect to negotiable instruments, a copy or duplicate is not admissible to the same extent as the original)....
576 So. 2d 1342, 1991 WL 41025
District Court of Appeal of Florida | Filed: Mar 28, 1991 | Docket: 1669720
Cited 7 times | Published
...statute. Counsel for Madras argues on appeal that the ruling of the trial court should be upheld on the basis of the best evidence rule, sections 90.951 et seq., Florida Statutes (1989). The best evidence rule allows a duplicate to be admitted under section 90.953(3) unless "[i]t is unfair, under the circumstance, to admit the duplicate in lieu of the original." Section 90.954 provides for the admissibility of a duplicate when: (1) All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith....
...Saporito testified that the original contract on the first agreement to sell was destroyed after he and the proposed buyer learned of the lis pendens. Saporito was not afforded an opportunity to explain what became of the second contract. In both instances Saporito was not permitted to make a proper showing under sections 90.953 and 90.954 that the originals were not available, and he was clearly prejudiced by his inability to present a case that the originals were unavailable and the duplicates thus admissible....
851 So. 2d 790, 2003 WL 21697417
District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 1691480
Cited 7 times | Published
...he time of the assignment. See Slizyk v. Smilack, 825 So.2d 428, 430 (Fla. 4th DCA 2002). To maintain a mortgage foreclosure, the plaintiff must either present the original promissory note or give a satisfactory explanation for its failure to do so. § 90.953(1), Fla....
810 So. 2d 532, 2002 WL 100414
District Court of Appeal of Florida | Filed: Jan 28, 2002 | Docket: 1654794
Cited 7 times | Published
...A duplicate is admissible to the same extent as an original, unless: . . . . (2) A genuine question is raised about the authenticity of the original or any other document or writing. (3) It is unfair, under the circumstance, to admit the duplicate in lieu of the original. § 90.953, Fla....
26 So. 3d 700, 2010 Fla. App. LEXIS 914, 2010 WL 366590
District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1468415
Cited 4 times | Published
...writing, recording or photograph. While this is commonly known as the "best evidence rule," see State v. Eubanks, 609 So.2d 107, 109 (Fla. 4th DCA 1992), that term appears nowhere in the statute. Although duplicates are acceptable in most cases, see § 90.953, Fla....
...(2008), the admissibility of "other evidence" of the contents of a "writing, recording, or photograph" is governed by section 90.954, titled "Admissibility of other evidence of contents." It provides: The original of a writing, recording, or photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible when: (1) All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith....
402 So. 2d 1287
District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 1691459
Cited 4 times | Published
...ace of the original check since the original had been lost by the police. His argument is two-fold. First, Lowery argues that a check is a negotiable instrument and, therefore, a duplicate of it is not admissible in place of the original pursuant to section 90.953, Florida Statutes (1979), which reads in pertinent part: A duplicate is admissible to the same extent as the original unless: (1) the document or writing is a negotiable instrument, as defined in section 673.104.......
537 So. 2d 1113, 1989 WL 6228
District Court of Appeal of Florida | Filed: Jan 31, 1989 | Docket: 1179135
Cited 3 times | Published
...Wallace, Engels, Pertnoy, Martin & Solowsky and Marianne A. Vos, Miami, for appellee. Before NESBITT, FERGUSON and LEVY, JJ. PER CURIAM. The plaintiff failed to produce for admission into evidence the original copy of a negotiable promissory instrument as is expressly required by section 90.953(1), Florida Statutes (1987)....
452 So. 2d 1
District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 474530
Cited 3 times | Published
..."Absent permission to do so, the trial court on remand is without authority to *2 alter or evade the mandate of this court." Stuart, 381 So.2d at 1163. In passing, we address a concern of the trial court and respondents. Under the rules of evidence, duplicates of documents are equally admissible as originals. § 90.953, Fla....
205 So. 3d 794, 2016 Fla. App. LEXIS 14788
District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469187
Cited 2 times | Published
evidences a right to the payment of money.’ ” (quoting § 90.953(1), Fla. Stat. (2010))). In this regard, a first
238 So. 3d 317
District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326631
Cited 2 times | Published
copy of the complaint met the requirements of Section 90.953, Florida Statutes (2017) (Admissibility of
596 So. 2d 687, 1992 Fla. App. LEXIS 548, 1992 WL 12174
District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 1358972
Cited 2 times | Published
..."writings" and "recordings." § 90.951(4)(a), Fla. Stat. (1989). Although the Florida Evidence Code allows duplicates to be admitted in evidence, a genuine question about the authenticity of the original will prevent the admission of the duplicate. § 90.953(2), Fla....
243 So. 3d 981
District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348088
Cited 1 times | Published
(first and third alterations in original) (quoting § 90.953(1), Fla. Stat. (2010)). “A promissory note is
254 So. 3d 565
District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361267
Cited 1 times | Published
original was required. Garcia asserted that section 90.953, Florida Statutes (2016), which provides for
417 So. 2d 975, 1982 Fla. LEXIS 2479
Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 64591599
Cited 1 times | Published
the fifth district court in this case. .See § 90.953, Fla.Stat. (1981). . Defense attorneys in the
81 So. 3d 504, 2012 WL 283089, 2012 Fla. App. LEXIS 1335
District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2413470
Cited 1 times | Published
...Eubanks, 609 So.2d 107, 109 (Fla. 4th DCA 1992) ("The best evidence rule requires that if original evidence is available, then no other evidence should be received which is merely substitutionary in nature."). In the absence of an original, however, section 90.953(2) allows for the admission of a "duplicate" "to the same extent as an original, unless: ... [a] genuine question is raised about the authenticity of the original or any other *513 document or writing." Thus, if a duplicate is properly admitted under section 90.953, it also precludes consideration of secondary evidence....
...And this could have been the result of manipulation, yes." We find that the totality of this evidence was legally sufficient to create a genuine question regarding the authenticity of the duplicate. Thus, the trial court properly concluded that the document introduced by Rainess was not admissible under section 90.953 "to the same extent as an original," meaning that its admission into evidence did not preclude consideration of secondary evidence in determining the contents of the original. We note, however, that while Rainess' document was not admissible under section 90.953, it was clearly admissible, and ultimately admitted, under section 90.954 as secondary evidence. See Garcia v. Lopez, 483 So.2d 470, 471 (Fla. 3d DCA 1986) ("Section 90.954 is broader than section 90.953-a copy which is not admissible under section 90.953 as a duplicate may still be admissible under section 90.954.")....
24 So. 3d 752, 2009 Fla. App. LEXIS 20393
District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 60287279
Cited 1 times | Published
photographs could be properly admitted. We disagree. Section 90.953 provides that duplicates are admissible “to
24 So. 3d 752, 2009 WL 5125101
District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 2533306
Cited 1 times | Published
...H.A., a juvenile, appeals a petit theft conviction and sentence of six months probation based on the admission of photographs downloaded from a surveillance video from the night of the theft. Because we conclude that the photographs were properly admitted as duplicates pursuant to sections 90.953 and 90.954, Florida Statutes (2008), we affirm....
...committed the petit theft. This appeal followed. H.A. contends that sections 90.952 to 90.954 required the State to produce the original videotape or demonstrate that the original was unavailable before the photographs could be properly admitted. We disagree. Section 90.953 provides that duplicates are admissible "to the same extent as an original" unless a genuine question is raised about the authenticity of the original or it would be unfair under the circumstances to admit the duplicates....
District Court of Appeal of Florida | Filed: Mar 22, 2024 | Docket: 68366267
Published
original security agreement was not required. Section 90.953(1), Florida Statutes (2021) states, in pertinent
203 So. 3d 918, 2016 Fla. App. LEXIS 11054
District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4112457
Published
evidences a right to the payment of money.’ ” (quoting § 90.953(1), Fla. Stat. (2010))); see also § 697.02, Fla
238 So. 3d 280
District Court of Appeal of Florida | Filed: Jan 31, 2018 | Docket: 6288113
Published
objected, based on the best evidence rule, section 90.953, Florida Statutes. The bank’s counsel advised
District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149040
Published
January 10, 2024 PER CURIAM. AFFIRMED. See § 90.953, Fla. Stat. (allowing for the use of duplicate
426 So. 2d 1200, 1983 Fla. App. LEXIS 19030
District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595137
Published
questioned, or it is unfair to admit the duplicate. § 90.953, Fla.Stat. (1981). The word duplicate includes:
District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973291
Published
omitted). Under the Florida Evidence Code, section 90.953, Florida Statutes, a duplicate document is
