CopyCited 30 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1115, 1987 Fla. App. LEXIS 8025
...sting 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. Section
90.203, Florida Statutes (1985), provides that a court shall take judicial notice of any matter in section
90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to meet the request....
CopyCited 19 times | Published | Florida 1st District Court of Appeal
...District *134 Court of Appeal and the matters in the appendix are portions of the record before that court. Lastly, Pinellas County asserts that the disputed portion of the appendix is properly included in the appendix as "other authority". Because Section
90.203 states that a court shall take judicial notice of any matter in Section
90.202 when properly requested, we must determine whether Section
90.203 applies to appellate proceedings. Section
90.203, Florida Statutes (1981), is part of the Florida Evidence Code....
...See Tyson v. Aikman,
159 Fla. 273,
31 So.2d 272 (Fla. 1947); Seashole v. F & H of Jacksonville, Inc.,
258 So.2d 316 (Fla. 1st DCA 1972). We therefore hold that The Florida Evidence Code does not apply to appellate proceedings, [1] and we are not bound by Section
90.203 to take judicial notice of those matters listed in Section
90.202....
...is not in the record on appeal in this case and any references to that part of the appendix in Pinellas County's brief are stricken. McCORD, MILLS and SHIVERS, JJ., concur. NOTES [1] We do not here decide whether the procedural portions of Sections
90.203 and
90.204 apply to the appellate courts....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 744
...NOTES [1] It is noted on the face of the order that a copy was furnished to Augusto Suarez Ortega. This was apparently done by mail in care of his last known address, his parent's home in Mexico City, Mexico. [2] This was done notwithstanding the fact that neither party has complied with Section 90.203, Florida Statutes (1983) to activate judicial notice of foreign law.
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...nticated, section
90.901, by a custodian, sections
90.902(4) and
90.955. Official actions of legislative departments of the state, such as those considered above, may be judicially noticed, but such notice should be consistent with the provisions of section
90.203, or when taken by the court on its own motion, consistent with section
90.204....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 1774095
...Further, the Evidence Code contemplates that the request for judicial notice and the taking of notice by the trial court will occur before or at trial as part of the requesting party's case, after notice of the request has been served on the opposing party, enabling the adverse party to prepare to meet the request. See § 90.203, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Even if, arguendo, this unproved fact was "capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned," see §
90.202(12), Fla. Stat. (1979), and was, therefore, susceptible of being judicially noticed, a matter cannot be judicially noticed unless and until the procedures of Sections
90.203 or
90.204, Florida Statutes (1979), are observed....
...ion that even if we will not make that assumption, that we, as an appellate court, take judicial notice of this unproved fact. See United States v. Jones,
580 F.2d 219 (6th Cir.1978); United States v. Sorenson,
504 F.2d 406 (7th Cir.1974). NOTES [1] §
90.203, Fla....
...(1979), provides: "Determination of propriety of judicial notice and nature of matter noticed. "(1) When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such notice and shows good cause for not complying with s. 90.203(1), the court shall afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 11051, 1991 WL 227640
...v. McKinnie,
513 So.2d 748 (Fla. 4th DCA 1987). See also Employers Casualty Co. v. Stephens, 189 Okla. 517, 118 P.2d 232, 233 (Okl. 1941). In this regard, the lower court erred in refusing to take judicial notice of the Blankenship dissolution case. §
90.203, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 205832
...Affixed to it is the seal of a professional surveyor and attached to it is an affidavit from a coordinator in the Site Planning and Government Liaison Department for the Dade County School Board. Prior to trial, the state moved the court to take judicial notice of the map pursuant to sections
90.202(11),
90.202(12), and
90.203, Florida Statutes (1989)....
...(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. §
90.202(11) and (12) (1989).
90.203 Compulsory judicial notice upon request....
...90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request. (2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter. § 90.203 (1989)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21203247
...Co.,
800 So.2d 197 (Fla.2001); Gupton v. Village Key & Saw Shop, Inc.,
656 So.2d 475 (Fla.1995). Furthermore, we note that section
90.202(2), Florida Statutes (2001) provides that Florida courts may take judicial notice of the laws of sister states, and section
90.203 provides that the court must take such notice where the adverse party has been given written notice, and sufficient *1005 information has been given to the court. Transportes Aereos Nacionales, S.A. v. De Brenes,
625 So.2d 4 (Fla. 3d DCA 1993). The record is insufficient to show that appellants met the requirements of section
90.203 in this case....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 293019
...1st DCA 1979) (holding defendant had burden to prove that medical malpractice action was filed more than two years after it was discovered or should have been discovered in order to establish statute of limitations affirmative defense). Elmore and LS & F could have requested the court take judicial notice of the filing date. Section
90.203, Florida Statutes (1999), requires a court to take judicial notice of any matter in section
90.202 when the party requesting the notice complies with certain requirements....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20050
published in the Florida Administrative Code. Section
90.203 provides that a court shall take judicial notice
CopyPublished | District Court of Appeal of Florida
(providing for judicial notice of court records); §
90.203, Fla. Stat. (2020) (providing for compulsory
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 760, 1986 Fla. App. LEXIS 7057
should be consistent with the provisions of section
90.203, or when taken by the court on its own motion
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22055
the appendix as “other authority”. Because Section
90.203 states that a court shall take judicial notice
