Florida/Georgia Personal Injury & Workers Compensation

...as assistant state attorney, had delivered document to prosecutor during previous trial and was supervisor of division that prosecuted defendant). [6] Photographic evidence consists of still photographs, X-ray films, videotapes, and motion pictures. § 90.951(2) Fla....

..."The rule governing admissibility into evidence of photographs applies with equal force to the admission of motion pictures and video tapes. Grant v. State, *536 171 So.2d 361 (Fla.1965)." Paramore v. State, 229 So.2d 855, 859 (Fla.1969), vacated as to sentence only, 408 U.S. 935, 92 S.Ct. 2857, 33 L.Ed.2d 751 (1972); see § 90.951(2), Fla....

...A duplicate is defined as: A counterpart produced by the same impression as the original, from the same matrix; by means of photography, including enlargements and miniatures; by mechanical or electronic rerecording; by chemical reproduction; or by equivalent technique that accurately reproduces the original.... § 90.951(4)(a), Fla....

...a genuine question is raised as to the authenticity of the original"), 1004 (carving out another exception to the general rule by deeming admissible "other evidence of the contents of a ... photograph" when the party against whom the photograph will be offered is under the control of the original); Fla. Stat. § 90.951-.954 (essentially the same as the above-recited federal rules)....

...[5] However, it is well settled that a trial judge can be right for the wrong reason. Applegate v. Barnett Bank, 377 So.2d 1150 (Fla. 1950). WAIVER OF DIPLOMATIC IMMUNITY A "FAX" and a photocopy are duplicates of the original "writings" and "recordings." § 90.951(4)(a), Fla....

...The Lopezes contend that the copy is not an accurate reproduction of the original because the signature of Elsa appears not as a copy, but as an original signature. Because the copy is not an accurate reproduction, they say, it is not a “duplicate” within the meaning of section 90.951(4)(a), and, therefore, cannot be admitted under section 90.953, which provides for the admission of duplicates....

...We disagree. Section 90.953 provides that duplicates are admissible “to the same extent as an original” unless a genuine question is raised about the authenticity of the original or it would be unfair under the circumstances to admit the duplicates. Section 90.951(4)(a) defines a duplicate as: “A counterpart produced by the same impression as the original, from the same matrix; by means of photography, including enlargements and miniatures ....” (emphasis added)....

...We disagree. Section 90.953 provides that duplicates are admissible "to the same extent as an original" unless a genuine question is raised about the authenticity of the original or it would be unfair under the circumstances to admit the duplicates. Section 90.951(4)(a) defines a duplicate as: "A counterpart produced by the same impression as the original, from the same matrix; by means of photography, including enlargements and miniatures...." (emphasis added)....

...The purpose of section 90.953 was not to restrict the rules of admissibility of duplicates, but to liberalize them. “The effect of this section, which is applicable only if the duplicate is produced by a method which insures accuracy and genuineness, see § 90.951(4), is to save time and expense previously wasted on producing the original when an equally reliable counterpart is at hand.” Law Revision Council Note, 6C....

not intended by the parties to be an original. § 90.951(4), Fla.Stat. (1981). In the case at bar, the

...Affirmed in part; reversed in part, and remanded for trial. 1 . Since the case is remanded for trial, we note for the future guidance of the trial court that Mrs. Bolling’s recently-fashioned typed likenesses of the $2,800 and $20,000 promissory notes are not duplicates as defined by Section 90.951(4), Florida Statutes (1981)....