Florida/Georgia Personal Injury & Workers Compensation

...employee of appellants’ counsel. When the statement was offered by counsel for the Southern Bell Telephone & Telegraph Company, co-defendant, and its admission denied, there was no showing that a copy was given to-the plaintiff as required by § 92.33, Fla....

...in excluding it from evidence. The appellants contend that the statement is not excluded under the prohibitions of the “dead man” statute, § 90.05, Fla.Stat., F.S. A. Having concluded that the statement was inadmissible under the provisions of § 92.33, supra, we do not feel that a discussion of its admissibility or inadmissibility under the provisions of § 90.05 would be of more than academic interest....

...hown by defendant-appellant to be inconsistent with the pronouncements in Cloud v. Fallis, 110 So.2d 669 (Fla.1959). To the extent that any portion of the order granting new trial was based upon the court’s reasoning regarding the applicability of section 92.33, Florida Statutes (1975), such portion may be deemed to be surplusage. In connection with the new trial we hold that section 92.33 is inapplicable to a tape-recorded statement of an injured party. 1 The admissibility of the tape *733 recording and any reference thereto would be determined by the usual customary rules of evidence relating to admissibility. AFFIRMED, as modified. DOWNEY, J., concurs. ANSTEAD, J., dissents with opinion. . 92.33 Written statement concerning injury to person or property; admission as evidence Every person who shall take a written statement by any injured person with respect to any

the time he made the statement pursuant to section 92.33, Florida Statutes (1987), which provides in

...A review of the document reveals neither a written statement signed or otherwise adopted or approved by the person making it, nor a stenographic, mechanical, electrical, or otherwise recorded oral statement or transcription of such an 1 See also Fla. Stat. § 92.33 (“[a]ny person having taken, or having possession of any written statement or a copy of such statement, by any injured person with respect to any accident or with respect to any injury to person or property shall, at the request of the per...