CopyCited 63 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 495
...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....
CopyCited 28 times | Published | Supreme Court of Florida
...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....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...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....
CopyCited 11 times | Published | Supreme Court of Florida
...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....
CopyCited 8 times | Published | Supreme Court of Florida | 2013 WL 5567079
Speculative Lay Opinion Evidence Relying on section
90.604, Florida Statutes (2006), which provides that
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1997 WL 148672
...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....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 31 Fla. L. Weekly Fed. D 2341
...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....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 7694, 2009 WL 1677545
..."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....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 WL 3478353
...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....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4180266
...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....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1992 WL 341950
...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....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 24888
...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....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 382560
...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....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 678686
...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....
CopyCited 3 times | Published | District Court of Appeal of Florida
CopyCited 2 times | Published | District Court of Appeal of Florida
witness has personal knowledge of the matter.” §
90.604, Fla. Stat. Here, in identifying the shoes worn
CopyCited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550
...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....
CopyCited 2 times | Published | Supreme Court of Florida
...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....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 2867, 1990 WL 49827
...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....
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 68134
...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....
CopyPublished | District Court of Appeal of Florida
3d 1192, 1196 (Fla. 1st DCA 2018) (quoting section
90.604, Florida Statutes, for the proposition that
CopyPublished | Supreme Court of Florida
...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....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 15547
taking, place on or before July 16, 2008. See §
90.604, Fla. Stat. (witness may not testify to a matter
CopyPublished | District Court of Appeal of Florida
(2016), or lack of personal knowledge under section
90.604. Nationstar distinguished Spencer by arguing
CopyPublished | District Court of Appeal of Florida
scene. “[A] speculation objection is rooted in section
90.604, Florida Statutes, which requires a witness
CopyPublished | Florida 4th District Court of Appeal
witness has personal knowledge of the matter.” §
90.604, Fla. Stat. (2023). “An affiant’s personal knowledge
CopyPublished | Florida 4th District Court of Appeal | 2001 WL 1540505
...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....
CopyPublished | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1642
...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)....
CopyPublished | Florida 3rd District Court of Appeal
witness has personal knowledge of the matter. §
90.604, Fla. Stat. (2009). Where a witness has no personal
CopyPublished | Supreme Court of Florida
...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....
CopyPublished | Florida 2nd District Court of Appeal
...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....
CopyL.L. v. State (Fla. Dist. Ct. App. 2016).
Published | District Court of Appeal of Florida
layperson’s personal knowledge.” Id.; see also §
90.604, Fla. Stat. (“Except as
