Florida/Georgia Personal Injury & Workers Compensation

...es that even without "another," the statement was improperly admitted because it was hearsay and because there was no predicate laid to demonstrate that Beaudoin had personal knowledge that her brother had killed the baby. We need go no further than section 90.604, Florida Statutes (1981): 90.604 Lack of personal knowledge....

...Therefore, we find no error in the trial court sustaining an objection to the witness's answer. While the fact that the witness knew that other boys stopped seeing Donovan appears appropriate testimony, as it reflects his personal knowledge of the matter under section 90.604, Florida Statutes (2001), his continued statement on "what they had said" was simply nonresponsive to defense counsel's question....

...bjection based either on speculation or on relevance. Either way, it appears the trial court correctly sustained the objection. First, Miriam's testimony about what Rivera was experiencing would not have been based on her own personal knowledge. See § 90.604, Fla....

...er helpful to the defense. We find the trial court did not abuse its discretion in sustaining the objection because trial counsel could not have had personal knowledge of what other evidence would have made a difference to the jury in this case. See § 90.604, Fla....

...ment with respect to Count I of the complaint. Since the affidavit was based on information and belief rather than personal knowledge, it was not admissible into evidence and should not have been considered by the trial court. Fla.R.Civ.P. 1.510(e); § 90.604, Fla.Stats....

...2d 637, 646 (Fla. 2000). Section 90.603, Florida Statutes (2007), provides that a person is disqualified as a witness if the person is incapable of expressing himself or herself concerning the matter or is incapable of understanding the duty to tell the truth. Section 90.604, Florida Statutes (2007), provides that a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter....

...Stat. (2007). Section 90.603, Florida Statutes (2007), provides that a person is disqualified as a witness if the person is incapable of expressing himself or herself concerning the matter or is incapable of understanding the duty to tell the truth. Section 90.604, Florida Statutes (2007), provides that a witness may not testify to a matter unless sufficient evidence, which can include the witness’s own testimony, is introduced to support a finding that the witness has personal knowledge of the matter....

...Cannon’s testimony merely “lent further support to ... fact[s] already known to the jury” and judge. Cherry v. State, 781 So.2d 1040, 1051 (Fla.2000). Accordingly, Victorino was not prejudiced by trial counsel’s error. C. Speculative Lay Opinion Evidence Relying on section 90.604, Florida Statutes (2006), which provides that a “witness may not testify to a matter unless ......

...In addition to the fact that the probation officer's testimony that he checked appellant's room was based on the out-of-court statement of Buck, there was no evidence that the probation officer had any independent personal knowledge of which room belonged to appellant. See § 90.604, Fla....

...Preimesberger's testimony as a fact witness due to the fact that he was not employed by Appellant until 2004, after the three-year transitional period referred to in the Agreement. As such, he lacked personal knowledge of many of the matters relevant and material to the issues to be decided by the jury. See § 90.604, Fla....

..."Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience." Floyd v. State, 569 So.2d 1225, 1232 (Fla.1990). Any witness, however, may testify as to matters within the witness's personal knowledge, including personal observations. See § 90.604, Fla....

...t all relevant evidence is admissible unless otherwise excluded. See Martinez, 125 So.3d at 989 (citing section 90.401, Florida Statutes, when describing the merits of the relevance objection). On the other hand, a speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness to have personal knowledge of any matter testified to. See Victorino v. State, 127 So.3d 478, 490 (Fla. 2013) (examining possible ineffective assistance of counsel for failure to object to speculation and relying on section 90.604, Florida Statutes, for the basis of that objection)....

...The second district held that admission of the officer's hearsay testimony constituted reversible error, explaining its conclusion as follows: The rules of evidence would not have allowed Detective Beining to testify about the content of the statements each witness gave him describing the perpetrator. See § 90.604, .801(1)(c), .802, Fla....

...ctive Frank because he is a State actor, upon review of the record, his testimony also appears to be problematic because he lacks the requisite personal knowledge to testify regarding Horwitz’s silence in the presence of some of the witnesses. See § 90.604, Fla....

...d.” Fed.R.Evid. 701 advisory committee’s note to 2000 amendment. This is because “[s]uch testimony is not based on specialized knowledge within the scope of Rule 702, but rather is based upon a layperson’s personal knowledge.” Id.; see also§ 90.604, Fla....

...Finally, we hasten to add that although the more demanding Daubert admissibility standard does pot apply to lay opinion testimony, there is .nevertheless, a reliability inquiry. Not; only ..must lay opinion testimony be based on the .witness’s personal knowledge,-section 90.604, Florida Statutes, and perceptions, section 90.701, Florida Statutes, but the witness must have sufficient personal knowledge to support the opinion....

...2d DCA 2004) (concluding that evidence was insufficient to support contempt conviction when State's sole witness testified to certain facts he gleaned by putting "two and two together"; even though witness did not repeat inadmissible hearsay, his testimony was not based on facts within his independent knowledge); see also § 90.604, Fla....

...officer testify, and the arresting officer did state that he observed the tag and it was expired. The trial court erred in not considering this testimony. The arresting officer should have been able to testify about what he personally observed. See § 90.604, Fla....

...Gibson told him about the alleged confession of Mr. Szuba when he investigated the incident two weeks after the crime occurred. *553 The rules of evidence would not have allowed Detective Beining to testify about the content of the statements each witness gave him describing the perpetrator. See § 90.604, .801(1)(c), .802, Fla....

...In the case of an ordinary agreement negotiated directly by the parties themselves but later drafted by their lawyers, the principals are the real persons having personal knowledge — and thus capable of testifying — as to the intention of the parties in contracting. See § 90.604, Fla....

...Stat. § 11.062(2)(a); § 11.066(4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.04(7)(a); § 20.19(6)(f); § 20.23(2)(a)3; § 27.34(2); § 27.711(3); § 28.241(3),(4); § 29.004(10)(d); § 39.012; § 39.013(2); § 44.06(2); § 63.0423(5) and (6); § 90.604....

...im. *223 The identification of the victim in this case was based on inadmissible hearsay. First, the State did not show that the officer had “personal knowledge” of the victim’s identity apart from her display of a “Florida ID” to him. See § 90.604, Fla....

...ify. § 90.601, Fla.Stat. A person may be disqualified to testify if the court determines that the person is incapable of expressing himself or herself so as to be understood, or is incapable of understanding the duty of a witness to tell the truth. § 90.604, Fla.Stat....

...scene of the shooting does not contradict his acknowledgment during the phone call that the daughter identified him at the scene. Reinstrom did not have personal knowledge of the substance of the statement. See Roman v. State, 475 So. 2d 1228, 1233 (Fla. 1985); § 90.604, Fla....

...This procedure was not unduly suggestive. As to the State showing a photograph to a witness before the witness’s in-court identification, “a witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter.” § 90.604, Fla....

..., limited by the rules of evidence.”) (citation and quotations omitted). We conclude that the trial court erred in overruling the defendant’s foundation and hearsay objections to the detective’s testimony identifying the phone call’s origin. Section 90.604, Florida Statutes (2009), in pertinent part, states: “[A] witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter.” § 90.604, Fla....

...An expert witness is used “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.” See § 90.702, Fla. Stat. (2015). However, a fact witness is used if that witness has personal knowledge of the facts of a case. See § 90.604, Fla....

...2d 1056, 1065 (Fla. 2008). Blake also does not explain why Demetrius’ speculation about why Green wanted Blake to leave town would be admissible. Demetrius would either be repeating Green’s out-of-court statements or offering an inadmissible lay opinion about the purpose of Green’s actions. See § 90.604, Fla....

...ant who "need not have personal knowledge of the facts"); see also Campbell v. Salman, 384 So.2d 1331, 1333 (Fla. 3d DCA 1980) ("affidavit ... based on information and belief rather than personal knowledge... was not admissible into evidence... ."); § 90.604, Fla....

...nion testimony regarding a subject on which Vitale was not competent to testify. This argument is without merit because Vitale was simply testifying about his observations and interpretation of Johnson’s nonverbal actions, which was proper. See § 90.604, Fla....

...In general, a witness is limited to testifying to facts that are .within the witness’s knowledge rather- than the witness’s speculation and conjecture. See, e.g., Kennard v. State, 42 Fla. 581 , 28 So. 858 , 859 (1900); Roseman v. Town Square Ass’n, 810 So.2d 516, 521 (Fla. 4th DCA 2001); see also § 90.604, Fla....

...Because no other 17 evidence established the inside temperature that day, no factual foundation supported the conclusion that it was 70 degrees inside the house when law enforcement arrived. See Williams v. State, 257 So. 3d 1192, 1196 (Fla. 1st DCA 2018) (quoting section 90.604, Florida Statutes, for the proposition that “a witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter”). Without compet...

...2d 1056, 1065 (Fla. 2008). Blake also does not explain why Demetrius’ speculation about why Green wanted Blake to leave town would be admissible. Demetrius would either be repeating Green’s out-of-court statements or offering an inadmissible lay opinion about the purpose of Green’s actions. See § 90.604, Fla....

...3d at 1192. Here, the Ostranders' affidavits aver only that they never received the paragraph 22 notice, but they do not address whether JPMorgan mailed the notice. And of course, the Ostranders could not possibly make such an allegation as they lack personal knowledge of JPMorgan's actions. See § 90.604, Fla....

...He never represented that he had been employed by any previous servi-cer of the mortgage, that he had any personal knowledge of any other company’s business practices or that he had any personal knowledge of events taking, place on or before July 16, 2008. See § 90.604, Fla....

...as not one related to the sufficiency of the evidence. Instead, Nationstar maintained that the issue was an evidentiary issue related to routine business practices under section 90.406, Florida Statutes (2016), or lack of personal knowledge under section 90.604....

v. United States, 641 F.2d 253 (5th Cir.1981); § 90.604, Fla.Stat. (1981) (lack of personal knowledge)

...stify as a witness if he or she lacks the capacity (i) to communicate in such a manner as to be understood, (ii) to understand the duty of a witness to tell the truth, or (iii) to perceive and recollect the facts when testifying. See §§ 90.603 and 90.604, Fla....

...Ehrhardt, Florida Evidence, (1999), § 603.1' at 391 (“Section 90.603 requires that a witness have the capacity to communicate and to understand the duty to tell the truth. The other generally required qualifications of a witness, e.g., the capacity to perceive and recollect, are included within the provisions of section 90.604....

...no foundation for lay testimony, and as a result, the objection did not preserve the issue raised on appeal. Further, the detective was not speculating because the detective who testified actually observed the crime scene. “[A] speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness to have personal knowledge of any matter testified to.” Orton v....

...Certainly Bol, in his general managerial position was qualified to provide that testimony, if, as the trial court properly noted, it was based upon personal knowledge. On the other hand, if Bol’s understanding of the transaction appeared inaccurate or inadequate following cross examination, a challenge grounded upon section 90.604, Florida Statutes (1985), would have been appropriate but not a hearsay objection....

...his job duties with the insurer and his review of the underwriting file in this case. “[A] witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter.” § 90.604, Fla....

...uling. Evidentiary Issues With respect to the exclusion of Tuttle's proffered testimony that he suspected residents were adjusting the door themselves, the trial court excluded the evidence because Tuttle did not actually see anyone adjust the door. Section 90.604, Florida Statutes (1999), prohibits testimony by a witness who does not have personal knowledge of a matter....

...(2009) (" 'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."). Furthermore, the detective's testimony on this point was inadmissible because it was not based on personal knowledge. See § 90.604 ("[A] witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter."); see also Bryant v....

...positions was not established. We reject this argument because the evidence of Veasey's position in the department, together with the evidence of his experience and other credentials, was an adequate foundation for the testimony that followed. See, Section 90.604, Florida Statutes (1983)....

...Duncombe’s murder. See Bryant v. State, 124 So. 3d 1012, 1015 (Fla. 4th DCA 2013) (“[A] witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter. § 90.604, Fla....

...is derived entirely from information given by another, the witness's testimony is incompetent and inadmissible as hearsay.”) (quotation omitted); Bryant v. State, 386 So. 3d 567, 572 (Fla. 4th DCA 2024) (“A speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness to have personal knowledge of the matter testified to.”) (quotation omitted); Campbell v....

...knowledge of Matthews’ involvement (or non-involvement) in Duncombe’s 17 murder, thus rendering his testimony speculative. See Moore-Bryant v. State, 386 So. 3d 567, 572 (Fla. 4th DCA 2024) (“[A] speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness to have personal knowledge of any matter testified to.”) (quoting Orton v. State, 212 So. 3d 377, 379 (Fla. 4th DCA 2017); § 90.604, Fla....

...nion testimony regarding a subject on which Vitale was not competent to testify. This argument is without merit because Vitale was simply testifying about his observations and interpretation of Johnson’s nonverbal actions, which was proper. See § 90.604, Fla....

Browning’s personal knowledge of the matter. See § 90.-604, Fla.Stat. (1991). Nor could the ledger be considered

...In general, a witness is limited to testifying to facts that are within the witness's knowledge rather than the witness's speculation and conjecture. See, e.g., Kennard v. State, 28 So. 858, 859 (Fla. 1900); Roseman v. Town Square Ass'n, 810 So. 2d 516, 521 (Fla. 4th DCA 2001); see also § 90.604, Fla. Stat....

...R. Evid. 701 advisory committee’s note to 2000 amendment. This is because “[s]uch testimony is not based on specialized knowledge within the scope of Rule 702, but rather is based upon a layperson’s personal knowledge.” Id.; see also § 90.604, Fla....

...Finally, we hasten to add that although the more demanding Daubert admissibility standard does not apply to lay opinion testimony, there is nevertheless a reliability inquiry. Not only must lay opinion testimony be based on the witness’s personal knowledge, section 90.604, Florida Statutes, and through a process of everyday reasoning. 6 Professor Imwinkelried suggests everyday reasoning is “a comparative judgment, employing a generalization to evaluate a case-specific fact or facts” where the gen...