Annotations, Discussions, Cases:
Cases Citing Statute 90.956
Total Results: 25
593 So. 2d 234, 1991 Fla. App. LEXIS 12752, 1991 WL 273700
District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 446316
Cited 28 times | Published
...the verdict form. We can only assume some trial strategy motivated use of this highly unusual form. We are unwilling to find fundamental error. IV. EVIDENTIARY ISSUES Appellants also complain that the trial court, in violation of the requirements of section 90.956, Florida Statutes (1989), permitted appellees to introduce a written damage summary consisting of all sums spent by the Maniacis on the Casa Mia restaurant....
...t the underlying data from which the summary was compiled was made available to a complainant. See Tallahassee Housing Authority v. Florida Unemployment Appeals Comm'n, 483 So.2d 413 (Fla. 1986). The failure to comply with the notice requirements of section 90.956 has been found to be a "technical" violation of the statute only where: the record reflects that the written summary to which the witness referred and the data underlying the summary were in fact made available to the appellant suffici...
483 So. 2d 413, 11 Fla. L. Weekly 27
Supreme Court of Florida | Filed: Jan 9, 1986 | Docket: 1511971
Cited 20 times | Published
...es upon which the referee relied in denying Barron's unemployment compensation benefits was erroneously admitted into evidence. Consequently, no substantial competent evidence supports a finding of misconduct under section 443.036(24). Although *415 section 90.956, Florida Statutes (1983), permits the introduction of a summary into evidence when it is impractical to examine the records upon which it is based, that section provides that [t]he party intending to use such a summary must give timely...
...t a reasonable time and place. These prerequisites to admission were not met in this case. The Housing Authority contends that Barron "arguably had actual notice of the summary." Such "arguable" notice does not comport with the strict requirement of section 90.956 that timely written notice be given; further, this record contains no evidence that the underlying data from which the summary was compiled was made available to Barron....
736 So. 2d 745, 1999 WL 452159
District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 2516306
Cited 17 times | Published
...Angrand, 710 So.2d 166, 168 (Fla. 3d DCA 1998): Where attorneys have not kept contemporaneous time records, it is permissible for a reconstruction of time to be prepared. See City of Miami v. Harris, 490 So.2d 69, 73 (Fla. 3d DCA 1985). See generally § 90.956, Fla....
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
...y and the documents used to produce it. Specifically, HOI contends that PPS did not provide "timely written notice" of an intention to use the revised summary, and that PPS did not make the revised summary available at a "reasonable time and place." § 90.956, Fla....
...ot directly bill the members for the medical services. [10] See Bowmar Instrument Corp. v. Fid. Elecs., Ltd., Inc., 466 So.2d 344, 345 (Fla. 3d DCA 1985) (finding that while failing to give written notice of a summary may be a technical violation of section 90.956, Fla....
814 So. 2d 511, 2002 WL 662749
District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 1718031
Cited 6 times | Published
...Appellants moved to recuse the judge and for rehearing on December 22, 2000. The court denied both motions. On February 23, 2001, the court awarded Malt costs and attorney's fees of $18,049.13. We find that the trial court properly admitted exhibit 23 under section 90.956, Florida Statutes (2000), as a summary of the invoices prepared by appellants and furnished to Malt....
...Exhibit 23 was a *513 compilation of appellants' own invoices. Under the facts of this case, three and one half weeks was sufficient time to investigate and analyze the records to determine if the summary was accurate. Mr. Malt was a "qualified witness" within the meaning of section 90.956 to present the summary at the hearing....
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
...cated bank records, to prove the amount of restitution. McKown objected to the admission of the summary into evidence, arguing that no predicate was laid for its admission and it was hearsay. The state argued that it had given notice to McKown under section 90.956, Florida *175 Statutes (2009), that it would be using charge summaries or calculations....
...5th DCA 2003), the admission into evidence of a compilation of checks written on a victim's bank account was reversed because "[n]o evidence was adduced identifying who had made the compilation, nor was any further predicate shown that would render it admissible as a summary pursuant to section 90.956, Florida Statutes (2001)." Id....
423 So. 2d 940, 1982 Fla. App. LEXIS 21708
District Court of Appeal of Florida | Filed: Nov 23, 1982 | Docket: 544890
Cited 4 times | Published
...Appellants received a copy of the disputed summary several weeks before the trial on damages; twelve days before trial they took a thirteen-hour deposition of the employee who had prepared the summary. On these facts we cannot agree that the technical violation of § 90.956, [1] Florida Statutes (1977) was harmful. Bernstein v. Common Markets, Inc., 183 So.2d 290 (Fla. 3d DCA 1966); Victor Hotel Owners, Inc. v. Sperling, 104 So.2d 120 (Fla. 3d DCA 1958). Affirmed. NOTES [1] § 90.956, Fla....
576 So. 2d 859, 1991 WL 35290
District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1669885
Cited 4 times | Published
...ject to support the opinion expressed, the facts or data need not be admissible in evidence. See also Sponsor's Note to § 90.704, West's Fla. Stat.Annot. at 216-17; C. Ehrhardt, Florida Evidence § 704.1. Equally misplaced is the wife's reliance on section 90.956, Florida Statutes (1989). The requirements pertaining to expert testimony are those found in sections 90.702-.705, Florida Statutes. The proponent of expert testimony is not obliged to comply with section 90.956 when presenting the data relied on by the expert, although in some cases the proponent of the expert testimony may find it convenient to use that procedure. The fact that the husband did not offer a summary pursuant to section 90.956 was not a basis for excluding the expert testimony....
531 So. 2d 348, 1988 WL 81832
District Court of Appeal of Florida | Filed: Aug 9, 1988 | Docket: 1528627
Cited 4 times | Published
..., is not supported by clear and convincing evidence; (2) the denial of the appellant's request to testify by deposition was an abuse of discretion; (3) the use of a Human Leucocyte Antigen (HLA) test summary to support the paternity finding violated section 90.956, Florida Statutes (1987); (4) the award of temporary child support is not *349 provided for by the paternity statutes; and (5) a criminal contempt adjudication against the mother for disobeying a gag order violated due process requirements for adequate notice and a fair opportunity to be heard....
549 So. 2d 706, 14 Fla. L. Weekly 2191, 1989 Fla. App. LEXIS 5128, 1989 WL 106775
District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 1719707
Cited 3 times | Published
...Antun's counsel requested the court to "keep us on standby ... with a day's notice." [5] Antun also argues that the reports were not based on facts supported by the record, contained hearsay, and constituted summaries that Ergas did not disclose as required by § 90.956, Fla....
466 So. 2d 344
District Court of Appeal of Florida | Filed: Mar 5, 1985 | Docket: 438305
Cited 3 times | Published
...Kohn, Philadelphia, Pa., for appellant/cross-appellee. *345 Sparber, Shevin, Shapo & Heilbronner and Jeffrey M. Weissman, Miami, for appellees/cross-appellants. Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ. PER CURIAM. Contrary to the ruling of the trial court, we are of the view that Section 90.956, Florida Statutes (1983), [1] applies not only to a written summary which a party intends to offer in evidence, but also to a summary which, as in the present case, is offered through the testimony of a witness....
...y were in fact made available to the appellant sufficiently in advance of the presentation of this testimony so as to enable the appellant to adequately prepare to voir dire and cross-examine the witness. Therefore, although a technical violation of Section 90.956 occurred when the appellees failed to give written notice of their intention to use the summary, that violation caused no substantial harm to the appellant....
...Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So.2d 940 (Fla. 3d DCA 1982). We have considered the remaining points on appeal and the point on appellees' cross-appeal and have concluded that no error has been demonstrated. Affirmed. NOTES [1] Section 90.956, Florida Statutes (1983), provides: "When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness....
651 So. 2d 1244, 1995 WL 96813
District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 476644
Cited 3 times | Published
...In spite of his seeming indifference toward the availability of the supporting documents, when the fee hearing resumed he renewed his objection to the use of billing statements as evidence of a reasonable fee. He urged the notion that those statements were, in effect, "summaries" of evidence, reliance upon which offended section 90.956, Florida Statutes (1991)....
...[2] Florida Statute Section 733.609 is the surcharge provision of the Florida Probate Code, according to which the trial court, "[i]n all actions challenging the proper exercise of a personal representative's powers," is required to award taxable costs, "including attorney's fees." [3] Section 90.956, Florida Statutes (1993), provides: When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness....
728 So. 2d 288, 1999 WL 68769
District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 78480
Cited 2 times | Published
...Neither employee was called to testify at the restitution hearing. Although the trial court directed that the subordinates testify, nothing in the record shows that either witness appeared. Furthermore, the record contains no indication that the State sought to introduce the information as a summary under section 90.956, Fla....
710 So. 2d 166, 1998 Fla. App. LEXIS 4334, 1998 WL 187444
District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1731601
Cited 2 times | Published
...ally worked on the case. [2] We disagree. *168 Where attorneys have not kept contemporaneous time records, it is permissible for a reconstruction of time to be prepared. See City of Miami v. Harris, 490 So.2d 69, 73 (Fla. 3d DCA 1985). See generally § 90.956, Fla....
248 So. 3d 1202
District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144560
Cited 1 times | Published
income, provided that the mother complies with section 90.956, Florida Statutes (2017), and provided that
District Court of Appeal of Florida | Filed: May 28, 2025 | Docket: 70387860
Published
to support a contrary view of the evidence.”); § 90.956, Fla. Stat. (2023) (authorizing use of summaries);
274 So. 3d 1187
District Court of Appeal of Florida | Filed: Jun 14, 2019 | Docket: 64718923
Published
they were a summary of records prepared under section 90.956, Florida Statutes, without Green Tree having
274 So. 3d 1187
District Court of Appeal of Florida | Filed: Jun 14, 2019 | Docket: 64718922
Published
they were a summary of records prepared under section 90.956, Florida Statutes, without Green Tree having
