Florida/Georgia Personal Injury & Workers Compensation

...olicy. Filed contemporaneously with their initial briefs in this cause, the Ellsworths filed a motion requesting this court to take judicial notice of the excluded Staff Summary and Analysis. Matters which must be judicially noticed are set forth in section 90.201 of the Evidence Code, and matters which may be judicially noticed appear in section 90.202....

...A referee's decisions about the admissibility of evidence will not be disturbed absent an abuse of discretion. Rotstein, 835 So.2d at 244. Even if the rules of evidence did apply strictly, the referee's consideration of the Fourth District's opinion nevertheless would have been proper. Section 90.201, Florida Statutes (2005), entitled "Matters which must be judicially noticed," provides that a court shall take judicial notice of: "Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and th...

...Accordingly, the court reversed the dismissal of the charge and remanded for further proceedings. See id. at 234. The "judicial notice" statute, section 90.202, Florida Statutes, provides in pertinent part: A court may take judicial notice of the following matters to the extent that they are not embraced within § 90.201: ....

...We feel, for policy reasons to be discussed subsequently, that Logan is inapplicable to the present case. [2] Maige v. Cannon, 98 So.2d 399, 402 (Fla. 1st DCA 1957), also held that control of minor work details was insufficient to form a contract of hire. See, generally, § 90.201, Fla....

...ment formula under the Florida code. I would reverse on cross appeal because I review the action of the trial court as if it had complied, as we should, with the mandate for judicial notice of pertinent Florida statutes in resolving this litigation. § 90.201, Florida Statutes; Barnett Bank of Jacksonville v....

...ital's governmental status. Although the Hospital urges this Court to take judicial notice of certain statutory laws and resolutions of this state regarding the Hospital, the only documents submitted in exhibit 4 pertaining to mandatory notice under section 90.201, Florida Statutes, were chapters 31319 and 61-2938, Laws of Florida....

...y noticed. 16 Am.Jur.2d Constitutional Law, § 232 (emphasis supplied); see also McSween v. State Live Stock Sanitary Board of Florida, 122 So. 239, 248 (Fla. 1929). General or public statutes of the state must be judicially noticed by state courts, Section 90.201(1), Florida Statutes, and judicial notice will also therefore be taken of authoritative decisions construing those statutes....

...Likewise, the defendant’s mere presence in the courtroom is- not sufficient to meet the initial burden. While the record is unclear, it appears the trial court, sua sponte, took judicial notice of the absence of a search warrant in the court file. 2 Judicial notice is governed by the evidence code. Specifically, section 90.201, Florida Statutes (2011), sets forth matters which must be judicially noticed, and section 90.202 provides matters which may be judicially noticed....

....2d at 224 (citations omitted). The Court further explained that even if the rules of evidence did apply strictly in bar proceedings, the referee’s consideration of the opinion would have been proper as a matter — decisional law — which, under section 90.201, Florida Statutes (2005), must be judicially noticed....

...cene of the accident. We agree with both assertions. A trial court must take judicial notice of state laws. City of Lakeland v. Select Tenures, Inc., 129 Fla. 338, 176 So. 274 (1937); State ex rel. Landis v. Prevatt, 110 Fla. 29, 148 So. 578 (1933); § 90.201(1), Fla....

...Finally, Darragh alternatively argues that his testimony on this issue was based upon formulas easily gleaned from federal statutes, and that the trial court properly took judicial notice of these statutes. Clearly, a trial court is authorized to take judicial notice of a federal statute. See § 90.201(1), Fla....

...getting paid through proceeds from litigation might have biased him to falsely give testimony favorable to Rubrecht. In taking judicial notice of the statements in the Nucci opinion, the trial court did not say whether they were being admitted under section 90.201 or section 90.202, Florida Statutes, although, prior to reading from the Nucci opinion, while hearing argument from the parties, the trial court referenced section 90.201....

...ter what omissions may have occurred at trial. Bendenbaugh v. Adams, 88 So.2d 765 (Fla. 1956); City of Lakeland v. Select Tenures, Inc., 129 Fla. 338, 176 So. 274 (1937); Barnett Bank v. Jacksonville National Bank, 457 So.2d 535 (Fla. 1st DCA 1984); § 90.201, Fla....

...nd until the United States accepts jurisdiction over acquired lands, “it shall be conclusively presumed that no such jurisdiction has been accepted.” 40 U.S.C. § 255 . Florida courts are required to take judicial notice of this Federal statute. § 90.201(1), Fla.Stat....

...Even if no evidence were presented on this point, the fact that Mother brought the statutory requirement to the trial court’s attention is sufficient to require reversal since the court is required to take judicial notice of public statutory law. § 90.201(1), Fla....

...Even if no evidence were presented on this point, the fact that Mother brought the statutory requirement to the trial court’s attention is sufficient to require reversal since the court is required to take judicial notice of public statutory law. § 90.201(1), Fla....

which a court must take judicial notice under section 90.201, and it does not appear to fall within the

...2 The State argues that the district courts’ decisions “should certainly constitute an acknowledgment that a school police officer is a designee of the principal.” Brief of Respondent on Merits at 12. The State contends that the trial court therefore properly took judicial notice pursuant to section 90.201(1), Florida Statutes (2011), 3 which provides that “[a] court shall take judicial notice of ......

...Instead, the trial court sua sponte stated its conclusion that the officers were designees of the school’s principal and took judicial notice of its own conclusion. The trial court’s ruling therefore did not satisfy the conditions for taking proper judicial notice pursuant to section 90.201(1)....

...State, 65 So.3d 563 (Fla. 1st DCA 2011); State v. Whorley, 720 So.2d 282 (Fla. 2d DCA 1998); State v. D.S., 685 So.2d 41 (Fla. 3d DCA 1997); State v. J.H., 898 So.2d 240 (Fla. 4th DCA 2005); and K.K. v. State, 717 So.2d 629 (Fla. 5th DCA 1998). .The current version of section 90.201, Florida Statutes, is unchanged from the version in effect during J.R.’s trial.

not subject to judicial notice under either section 90.201 or section 90.202, Florida Statutes (2014)

basis for a finding in the decision below. Section 90.201, however, provides that a court shall take