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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-22T00:00:00-07:00
Snippet: original security agreement was not required. Section 90.953(1), Florida Statutes (2021) states, in pertinent…raised about the authenticity of the original. § 90.953(2), Fla. Stat. (2021). 3 Lindsay asserted…Notes Unlike the security agreement, section 90.953 requires introduction of original promissory notes
Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00
Snippet: January 10, 2024 PER CURIAM. AFFIRMED. See § 90.953, Fla. Stat. (allowing for the use of duplicate
Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-22T00:53:00-07:00
Snippet: Under the Florida Evidence Code, section 90.953, Florida Statutes, a duplicate document is admissible…negotiable instrument as defined in s. 673.1041.” § 90.953(1), Fla. Stat. (emphasis added). This case involves…note over Appellants’ objection was contrary to § 90.953(1) and § 673.3091.
Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-05T00:00:00-07:00
Citation: 254 So. 3d 565
Snippet: original was required. Garcia asserted that section 90.953, Florida Statutes (2016), which provides for admission… excluded under the express language of section 90.953. The trial court sustained the objection and denied…writing, recording, or photograph. Section 90.953 provides: … negotiable instrument and that, under section 90.953, the Bank was required to introduce the original…therefore, the Bank was entitled under section 90.953 to introduce a duplicate of the original loan modification
Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-28T00:53:00-07:00
Snippet: first and third alterations in original) (quoting § 90.953(1), Fla. Stat. (2010)). “A promissory note is a…authenticity or the fairness of using copies, § 90.953(2)-(3), Fla. Stat. (2016), thus waiving any such…negotiable instrument as defined in section 673.1041. § 90.953, Fla. Stat. (2016). Affirmed. LEVINE and CONNER
Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00
Snippet: of the complaint met the requirements of Section 90.953, Florida Statutes (2017) (Admissibility of Duplicates
Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-30T23:53:00-08:00
Snippet: objected, based on the best evidence rule, section 90.953, Florida Statutes. The bank’s counsel advised that…note over the borrower’s objection under section 90.953, Florida Statutes. We agree with appellants’ argument…an original” unless certain exceptions apply. § 90.953, Fla. Stat. (2016). The relevant exception provides…instrument, the original is necessary at trial. § 90.953(1), Fla. Stat. (2016); Deutsche Bank Nat’l Tr. … 2 pursuant to section 90.953(1), Florida Statutes. 209 So. 3d at 642–43. The
Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-05T00:00:00-07:00
Citation: 222 So. 3d 592, 93 U.C.C. Rep. Serv. 2d (West) 32, 2017 WL 2859241, 2017 Fla. App. LEXIS 9642
Snippet: codified, requires the production of the original. § 90.953(1), Fla. Stat. (2016) (“A duplicate is admissible
Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-24T00:00:00-07:00
Citation: 219 So. 3d 862, 2017 WL 2264643, 2017 Fla. App. LEXIS 7532
Snippet: admissible as a duplicate of the original. See § 90.953, Fla. Stat. (2015); Pa. Blue Shield v. Wolfe, 575
Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-27T00:00:00-08:00
Citation: 209 So. 3d 641, 2017 WL 377997, 2017 Fla. App. LEXIS 859
Snippet: evidence. Defense counsel objected pursuant to section 90.953, Florida Stat *643 utes (2014), commonly…possessed the original note, in violation of section 90.953, and that the Bank failed to introduce sufficient…otherwise provided by statute. § 90.952. Section 90.953 allows for the admission of a duplicate “to the… the document is a negotiable instrument, See § 90.953(1). A promissory note is a negotiable instrument…requires that the original be produced at trial, see § 90.953(1); see also Fair v. Kaufman, 647 So.2d 167, 168
Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-05T00:00:00-07:00
Citation: 205 So. 3d 794, 2016 Fla. App. LEXIS 14788
Snippet: a right to the payment of money.’ ” (quoting § 90.953(1), Fla. Stat. (2010))). In this regard, a first
Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-20T00:00:00-07:00
Citation: 203 So. 3d 918, 2016 Fla. App. LEXIS 11054
Snippet: the payment of money.' " (quoting § 90.953(1), Fla. Stat. (2010))); see also § 697.02, Fla
Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-20T00:00:00-07:00
Citation: 140 So. 3d 1141, 2014 WL 2808062, 2014 Fla. App. LEXIS 9348
Snippet: Florida Rule of Civil Procedure 1.510 and section 90.953, Florida Statutes, commonly known as the best evidence…unless the document is a negotiable instrument. § 90.953(1), Fla. Stat. Appellants argue that the best evidence
Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-30T00:00:00-07:00
Citation: 137 So. 3d 574, 2014 WL 1686462, 2014 Fla. App. LEXIS 6213
Snippet: photograph is not required, except as *577provided in s. 90.953, and other evidence of its contents is admissible
Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-18T00:00:00-07:00
Citation: 87 So. 3d 58, 2012 WL 1314190, 2012 Fla. App. LEXIS 6036
Snippet: section 90.953, Florida Statutes (2010). Popularly known as the best evidence rule, section 90.953 states…exception that is relevant here is contained in section 90.953(1), which states, inter alia, that a duplicate …negotiable instrument as defined in s. 673.1041.” § 90.953(1). A *61promissory note is a negotiable instrument…Professor Ehrhardt explains the reason for this section 90.953(1) exception: The drafters of the [Evidence] Code…subsequently negotiates the original to B. Under section 90.953(1), A — the transferor — is not able to sue on
Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-01T00:00:00-08:00
Citation: 81 So. 3d 504, 2012 WL 283089, 2012 Fla. App. LEXIS 1335
Snippet: broader than section 90.953-a copy which is not admissible under section 90.953 as a duplicate may still…In the absence of an original, however, section 90.953(2) allows for the admission of a "duplicate… a duplicate is properly admitted under section 90.953, it also precludes consideration of secondary evidence…introduced by Rainess was not admissible under section 90.953 "to the same extent as an original," …#x27; document was not admissible under section 90.953, it was clearly admissible, and ultimately admitted
Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-03T00:00:00-08:00
Citation: 26 So. 3d 700, 2010 Fla. App. LEXIS 914, 2010 WL 366590
Snippet: duplicates are acceptable in most cases, see § 90.953, Fla. Stat. (2008), the admissibility of "…photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible
Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-30T00:00:00-08:00
Citation: 24 So. 3d 752, 2009 Fla. App. LEXIS 20393
Snippet: properly admitted as duplicates pursuant to sections 90.953 and 90.954, Florida Statutes (2008), we affirm.…could be properly admitted. We disagree. Section 90.953 provides that duplicates are admissible “to the
Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-29T23:53:00-08:00
Citation: 24 So. 3d 752
Snippet: properly admitted as duplicates pursuant to sections 90.953 and 90.954, Florida Statutes (2008), we affirm.…could be properly admitted. We disagree. Section 90.953 provides that duplicates are admissible "to
Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-11T00:00:00-07:00
Citation: 954 So. 2d 672, 2007 Fla. App. LEXIS 5273, 2007 WL 1062908
Snippet: conclude that the check was admissible under section 90.953, Florida Statutes, and that none of the exceptions