Florida/Georgia Personal Injury & Workers Compensation

...based on the court's taking judicial notice that "a homosexual environment is not a traditional home environment, and can adversely affect a child." Because the trial court failed to follow the statutory procedure required for judicial notice, see, section 90.204(a), Florida Statutes (1995), and the subject judicially noticed is not within the limited subjects authorized by statute as matters that may be judicially noticed, we reverse and remand for further proceedings....

...This conclusion is clear from the testimony of the court-appointed psychologist, quoted in part in footnote 2, the only evidence in the record on this point. At the very least, Valerie Maradie should have been given notice and an opportunity to dispute the matters which the trial court judicially noticed. § 90.204(1), Fla....

...fill out a plea form with all the terms and conditions and I'll do what they did over there." If, by this comment, the trial judge was attempting to take judicial notice of a finding of a valid reason for departure in the Polk County case, he failed to do so properly. See § 90.204, Fla....

...as sitting in the courtroom — insufficient information to ascertain whether the trial court had an indisputable source. Thus, judicial notice was not appropriate under section 90.202(12). Additionally, the court did not comply with the procedure in section 90.204 for a court to take judicial notice of a matter on its own initiative. Under section 90.204, the court must afford each party a "reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." The trial court did not offer the State an opportunity to present information relevant to the propriety of taking judicial notice....

...reated as a ruling on a question of law." Moreover, in reviewing, de novo, the trial court's determination, appellate courts are not limited to matters raised by the parties, but are encouraged to take an active role in ascertaining foreign law. See § 90.204(2), Fla....

...Stoll, 762 So.2d at 876; § 90.805 (2009); see also Charles W. Ehrhardt, Ehrhardt's Florida Evidence § 204.2, at 85 & n. 5 (2009). Under the Evidence Code, a request for judicial notice is also subject to analysis under section 90.403, Florida Statutes. See § 90.204, Fla....

...NOTES [1] It further stated that it would give the departure sentence for any one of them. [2] Further, such peculiar population characteristics claimed for Citrus County are not established in this record. They are not the kind of thing a judge can take judicial notice of without compliance with section 90.204 of the Florida Evidence Code.

...Employment market conditions are not noticeable as generally known facts nor does a Deputy Commissioner have any special expertise which would allow him to take such notice. E & A Concrete v. Perry, IRC Order 2-3421 (May 3, 1978). There is another reason why the taking of judicial notice was error. Section 90.204, Florida Statutes (1979), requires that the parties be given a reasonable opportunity to "present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." This requirement of the evidence code was not complied with here....

...First, they contend error in the trial court's reliance on maps which were not part of the record, and its failure to follow the correct procedure in taking judicial notice of these maps. We agree that the trial judge strayed from the statutory procedure in section 90.204, Florida Statutes (1985), when on his own initiative he sought out and relied on two maps which had not been made a part of the record. The court failed to give the parties notice of the intent to resort to these maps. The court did not afford the parties an opportunity to challenge them as permitted in section 90.204....

...Judicial notice of docu *517 ments not received in open court requires a court to “make the information and its source a part of the record in the action” and “afford each party reasonable opportunity to challenge such information, and to offer additional information, before judicial notice of the matter is taken.” § 90.204(B), Fla....

...formation contained therein, the magistrate erred in taking judicial notice of them. See Walentukonis v. State, 932 So.2d 1136, 1136 (Fla. 2d DCA 2006) (reversing the trial court’s restitution order for failure to follow the procedures required by section 90.204 when the court sua sponte took judicial notice of a used car guide to determine the amount of restitution)....

...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....

...er 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. Stat. (2006). Likewise, when the trial court takes judicial notice of a matter on its own initiative under section 90.204, it must afford the opposing party a "reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." § 90.204(1), Fla....

...Pursuant to section 90.202(12), Florida Statutes (2004), a trial court may take judicial notice of "[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." Section 90.204(1), Florida Statutes (2004), provides: "When a court determines upon its own motion that judicial notice of a matter should be taken ... 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." Section 90.204(3) also provides that if a court takes judicial notice by *1137 resort to a documentary source of information not received in open court, "the court shall make the information and its source a part of the record in the action and shall afford each party reasonable opportunity to challenge such information." Here, the court did not follow the procedure required by section 90.204....

...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....

...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." § 90.204, Fla....

...al notice of the surrounding employment conditions. First, employment market conditions are not noticeable as generally known would allow him to take such notice. United States Sugar Corporation v. Hayes, 407 So.2d 1079 (Fla. 1st DCA 1982). Further, Section 90.204, Florida Statutes (1979), requires that the parties be given a reasonable opportunity to "present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." Such was not done here....

...Before a court may take judicial notice, “a court must ‘afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.’” Rodriguez v. Philip, 413 So. 2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla....

...the online Kelley Blue Book valuation, found on www.kbb.com, to prove the restitution amount for this vehicle. This court had previously reversed a trial court for taking judicial notice of such a valuation in a case where the procedure required by section 90.204, Florida Statutes (2004), had not been followed....

...that it would take judicial notice of the car’s online valuation as a fact “not subject to dispute because [it is] capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.” See § 90.202(12). Under section 90.204(1), the trial court is required to give the parties an opportunity “to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.” At a hearing to decide whether to take judicial notice, section 90.204(2) allows use of “any source of pertinent and reliable information” without requiring the information to be presented under the rules generally applicable to the introduction of evidence. See also Charles W. Ehrhardt, Florida Evidence § 204.2, at 95 (2014 ed.) (“Section 90.204(2) permits the court to use any source of pertinent and reliable information as long as it is relevant and not excluded by a valid claim of privilege.”)....

...We cannot determine from the face of the complaint that the issue is so clearly raised there as to support the dismissal of the complaint on the basis of res judicata. In addition, the record does not demonstrate that appellants properly requested that the trial court take judicial notice, pursuant to sections 90.201-90.204, Florida Statutes (1981), of the prior proceeding in the same court which allegedly supports the defense of res judicata....

...al notice of the prior appeal. Accordingly, following oral argument in this cause, we issued an order pursuant to section 90.202(6), Florida Statutes (1981), that we would take judicial notice of the records of the prior appeal, and that pursuant to section 90.204(1), the parties would be given ten days to respond to the propriety of taking judicial notice and to the nature of the matter noted....

...took judicial notice of both the final judgment amount and the appraised value of the property from the property appraiser's printout. In taking judicial notice of the property appraiser's printout, the court did not comply with the requirements of section 90.204, Florida Statutes (1993)....

...Carney Groves, Incorporated, 159 So.2d 489 (Fla.2d DCA 1964). If the court proposes to take judicial notice of documentary evidence, such as pleadings in another case, whether the same court or not, copies of said documents judicially noticed must be brought into the record of the case under consideration. § 90.204(3), Fla....

...The court had the ability to take judicial notice of the records and proceedings in the dissolution/custody proceeding. See § 90.202(6), Fla. Stat. (2008). To do so, however, in the absence of any special rules of procedures for this type of unified proceeding, the court was required to follow the procedures in section 90.204, which require a court to give the parties notice of his or her intent to rely upon these records and to make these records part of the record in the proceeding....

...harassment. The trial court's order on rule to show cause is restated verbatim: THIS CAUSE having come on to be heard March 9, 1992 pursuant to the Rule to Show Cause issued February 12, 1992 and upon Plaintiff's request for a hearing pursuant to F.S. 90.204 and the Court having taken testimony, reviewed the file and otherwise being fully advised in the premises, it is ORDERED AND ADJUDGED as follows: Mr....

...Stoll, 762 So.2d at 876 ; § 90.805 (2009); see also Charles W. Ehrhardt, Ehrhardt’s Florida Evidence § 204.2, at 85 & n. 5 (2009). Under the Evidence Code, a request for judicial notice is also subject to analysis under section 90.408, Florida Statutes. See § 90.204, Fla....

...platitudes or banalities." Maradie v. Maradie, 680 So. 2d 538, 541 (Fla. 1st DCA 1996) (quoting Hardy v. Johns-Manville Sales Corp., 681 F.2d 334, 347-48 (5th Cir. 1982)). Judicial notice may only be taken pursuant to the procedures set forth in section 90.204. Id. at 540 (reversing in part because the trial court failed to follow the statutory procedure required for judicial notice under section 90.204)....

...Although section 90.202(6), Florida Statutes (1981), provides that a court may take judicial notice of the records of any court of this state, [4] we agree with appellant's arguments that the use of the information from the court file constituted a discovery violation and was an inappropriate "surprise." Further, section 90.204, Florida Statutes (1981), [5] provides for each party to have a reasonable opportunity to be heard prior to the determination of the propriety of taking judicial notice of particular matters....

...dicial notice of the existence of facts asserted in every document of a court file, ... a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file... .'" (Emphasis in original.) [5] Section 90.204 states: (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....

...Fla.R.Jud.Admin. 2.060(g). This was not done here. Of course, the trial court could have taken judicial notice of Nicaraguan law pursuant to Section 90.202(4), Florida Statutes (1981), but only by following the procedure set out in either Section 90.203 or Section 90.204, Florida Statutes (1981)....

...hysicians Desk Reference book that the substance required a prescription, took judicial notice that it was a prescription drug for purposes of the trial. At the outset we note that the court did not scrupulously follow the procedural requirements of section 90.204, Florida Statutes (1981), for taking judicial notice....

...he Family Law Rules Committee, the Steering Committee on Children and Families in the Court, and the Juvenile Court Rules Committee for further joint consideration. New rule 12.4501 (Judicial Notice) is adopted to reflect the provisions of section 90.204(4), Florida Statutes (2016), pertaining to the taking of judicial notice in family cases. Section 90.204(4) provides that in family cases judges may take judicial notice of certain court records without prior notice to the parties when imminent danger to persons or property has been alleged and it is impractical to give prior notice....

...The statute also requires that after a court takes judicial notice in this manner, it must give notice and provide the parties with an “opportunity to present information relevant to the propriety of taking judicial notice and to the -4- nature of the matter noticed.” § 90.204(1), Fla....

...section 90.202(6), Florida Statutes, when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice. Opportunity to present evidence relevant to the propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until after judicial action has been taken....

..., when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice. Opportunity to present evidence relevant to the propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until after judicial action has been taken. If judicial notice is taken under this rule, the court must, within 2 business days, file a notice in the pending case of the matters judicially noticed....

..., when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice. Opportunity to present evidence relevant to the propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until after judicial action has been taken. If judicial notice is taken under this rule, the court must, within 2 business days, file a notice in the pending case of the matters judicially noticed....

...“each exact amount,” and we have explained why Mercury’s reliance on an overly broad statutory “purpose” is without merit, CMS 1500 (a version of which appears in our record) and its instructions (which do not appear in our record) pursuant to section 90.204, Florida Statutes (2023)....

...The problem here, however, is that before this evidence (in the form of a judicially noticed fact) is admissible, a court must “afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.” 2 § 90.204, Fla.Stat....

...as newspaper reports or police statistics, which the court was required to make part of the record and give “each party reasonable opportunity to challenge such information, and to offer additional information” before taking judicial notice. See § 90.204(3), Fla.Stat....

...Legislature prior to the Court having last considered regular-cycle amendments to the Evidence Code. See In re Amends. to the Fla. Evidence Code, 210 So. 3d 1231 (Fla. 2017). The Committee recommends that the Court adopt chapter 2014-35, section 2, Laws of Florida, which amended section 90.204, Florida Statutes, a 1....

...2.140(b). provision of the Evidence Code. The Board of Governors of The Florida Bar unanimously approved the Committee’s recommendations. The proposed amendments were published for comment in The Florida Bar News; none were received. The Legislature amended section 90.204(4) in chapter 2014-35, section 2, Laws of Florida....

...If judicial notice is taken under this subsection, the court shall, within 2 business days, file a notice in the pending case of the matters judicially noticed. For purposes of this subsection, the term “family cases” has the same meaning as provided in the Rules of Judicial Administration. § 90.204(4)....

...2 Thus, in family cases, 3 the court may take judicial notice of any record of any court of this State or of any court of record of the United States or 2. We note that Florida Family Law Rule of Procedure 12.4501 (Judicial Notice) was adopted previously in response to section 90.204(4), and is identical in content to the statutory provision....

...Doyle, Executive Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner 4. See ch. 2014-35, § 7, Laws of Fla. -3-  APPENDIX Chapter 2014-35, section 2: 90.204....

...No records or sources were before the trial court to establish that all 12-gauge shotguns cause visible lumps in all mattresses and the lump-causing properties of 12-gauge shotguns are not generally known facts. At the very least, the State should have been given notice and opportunity to dispute. § 90.204, Fla....

...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....

...The affidavits in the court file were the type of matter that may be judi-dally noticed. See § 90.202(6), Fla. Stat. (2006). The court gave Jeff an opportunity to present information as to the propriety of taking judicial notice and to the nature of the matter to be noticed. See § 90.204(1), Fla....

...ex parte, it must appear to the court that an imminent danger of becoming the victim of domestic or dating violence exists.” The Committee further proposes amending the second sentence to add the language “and any other matters as provided by section 90.204(4), Florida Statutes,” to bring to light 2014 statutory amendments to section 90.204, Florida Statutes. The Committee also proposes amending subdivision (c)(1)(A)(ii), creating new language specifically addressing the statutory standards for a temporary injunction for repeat or sexual violence to be issued ex parte. According to the Committee, the language of this subdivision closely mirrors the language of subdivision (c)(1)(A)(i), including containing a reference to section 90.204(4), - 12 - Florida Statutes. Newly numbered subdivision (c)(1)(A)(iii) would then incorporate the language of existing subdivision (c)(1)(A)(ii), regarding stalking, with the addition of language to reference section 90.204(4), Florida Statutes, to bring to light the 2014 statutory amendments to that section. One of the comments pertaining to this proposal contends that it is in conflict with section 784.046, Florida Statutes (2016)....

notice is taken the procedures set forth under section 90.204, Florida Statutes, must be followed. See Maradie

did not comply with the notice provisions of section 90.204(1), Florida Statutes (1991), even if those

enable it to take judicial notice of the matter.” § 90.204, Fla.Stat. (1979), provides: “Determination of

...custody is with their mother, Janet Powell. Edward argues that the trial court’s use of a document entitled, “Proposal of Guidelines for Awarding Child Support” (Guidelines) without giving him an opportunity to review or challenge it, violates Section 90.204(3), Florida Statutes (1981) and Section 61.13(1), Florida Statutes (1981)....

...idelines. While the use of a uniform scale or formula may very well be a very fair and reasonable way to determine child support, we can find no support currently under Florida law for use of the Guidelines in the manner utilized by the trial court. Section 90.204(3), Florida Statutes (1981) requires that “[i]f a court resorts to any documentary source of information not received in open court, the court shall make the information and its source a part of the record in the action and shall aff...

...enge such information, and to offer additional information, before judicial notice of the matter is taken.” Resort to the Guidelines without making them part of the record or allowing Edward an opportunity to challenge them is clearly violative of Section 90.204(3)....

...“such [child] support as from the circumstances of the parties and the nature of the case is equitable.” There is no provision that a trial court may apply guidelines to determine the amount of child support other than in the manner provided by Section 90.204(3)....

...to the extent the trial court intended to base its finding of unavailability on judicial notice, the appellant "[a]t the very least ... should have been given notice and an opportunity to dispute the matters which the trial court judicially noticed. § 90.204(1), Fla. Stat.” Maradie, 680 So.2d at 542 . See also § 90.204(1), Fla....

...ying 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.”). The court did not comply with the procedure in section 90.204 for taking judicial notice of,a matter on its own initiative.

court’s taking judicial notice of the matter. See § 90.204, Fla. Stat. (1997); *1071see also Mininni v. Gillum

...judgment of injunction. We do not suggest that a trial court cannot rely on records from other cases involving the same parties to a subsequent injunction proceeding, but it must follow the procedure for taking judicial notice of those records outlined in section 90.204(1), Florida Statutes (2016)....

...Additionally, the court may take judicial notice of a matter on its own motion or may excuse the failure of a party requesting judicial notice to comply with the written notice provisions of section 90.203(1). Nonetheless, notice and a reasonable opportunity to be heard are still required. See § 90.204(1), Fla....

...TSRI Florida was given neither fair warning that the trial court intended to take judicial notice on its own motion nor a reasonable opportunity to present information relevant to the propriety of taking judicial notice of the matters concerned. See § 90.204(1), Fla....

...id the trial court “afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.” Rodriguez v. Philip, 413 So.2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla....

...This matter questions the validity of proceedings and the penalties recommended by a hearing officer in a disciplinary proceeding brought against a medical doctor. Evidence of a criminal matter in another jurisdiction was erroneously admitted into evidence. First, it was not validly noticed pursuant to § 90.204, Fla.Stat....

other information was in contravention of section 90.-204(3), Florida Statutes (1989). That section requires