Florida/Georgia Personal Injury & Workers Compensation

...He did not abuse his discretion in admitting these photographs into evidence. D. Best Evidence Rule In his fourth claim, England asserts that certain evidence presented through the testimony of two witnesses violated the best evidence rule. The best evidence rule, codified in section 90.952, Florida Statutes (2005), provides that "[e]xcept as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph." A trial judge's ruling on evidentiary issues will not be disturbed absent an abuse of discretion....

...DeLeon testified that he "threw it out" out of fear that someone would find the letter. As stated earlier, the best evidence rule provides that "[e]xcept as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph." § 90.952, Fla....

...is of the best evidence rule with regard to the admission of a photograph of a latent fingerprint on the lotion bottle that was found in the victim's apartment because such an objection would have been meritless. "The best evidence rule, codified in section 90.952, Florida Statutes (2005), provides that `[e]xcept as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.'" England v....

...Although we disagree with the court's holding that a party waives its right to have a tape recording authenticated when it objects to testimony on the ground of the best evidence rule, we find that the recording was properly admitted. The best evidence rule is codified as section 90.952, Florida Statutes (1981), which provides: *365 "Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph." By demanding t...

...R. Civ. P. 1.370(a). Secondly, the original document that is generally required to be filed with the court in a mortgage foreclosure proceeding is the promissory note, not the mortgage. The Evidence Code provides the rationale for this conclusion. Section 90.952, Florida Statutes (2002), indicates that original documents are required to prove the contents of a writing, unless otherwise provided by statute....

...First Nat'l Bank of Lake City, 81 So.2d 486 (Fla.1955); Thompson v. First Union Nat'l Bank, 643 So.2d 1179 (Fla. 5th DCA 1994); Figueredo v. Bank Espirito Santo, 537 So.2d 1113 (Fla. 3d DCA 1989). A mortgage, on the other hand, does not fit into the definition of the documents required by section 90.952 to be produced in their original form, and may thus be proved by using a properly authenticated duplicate....

...The clerk cannot return these instruments to the parties. In this case, the appellee has refiled the note and mortgage with the clerk. Therefore, these instruments have been properly surrendered. Appellants never raised any objection below based on section 90.952, Florida Statutes, generally referred to as the "best evidence rule," nor did appellants raise any authenticity objection....

...itself is undoubtedly the best evidence of its contents, and secondary evidence thereof cannot be admitted until the nonproduction of the original instrument has been satisfactorily accounted for." 23 Fla. Jur.2d Evidence & Witnesses § 199 (1980); § 90.952, Florida Statutes (Supp....

...an omission from the minutes of the meeting. The best evidence rule provides: Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording or photograph. § 90.952, Fla....

...eedings to prove that INAC mailed a notice of intent to Cooke does not serve as a basis for its exclusion. Such is a consideration that goes to the weight to be given the evidence, not to its admissibility. Likewise, the best evidence rule, sections 90.952, .953, .954, Florida Statutes (1991), does not require exclusion. The best evidence rule only governs the admissibility of the computer printout if offered to prove the contents of the notice. See § 90.952....

...se expert to evaluate the state's expert's testimony. Finally, defense counsel objected that the edited, fully enhanced excerpt was inadmissible under the decision in Wagner v. State, 707 So.2d 827 (Fla. 1st DCA 1998) and the best evidence rule. See § 90.952, Fla....

...nce is reviewed under an abuse of discretion standard. That discretion, however, is limited by the rules of evidence.” Ayalavillamizar v. State, 134 So. 3d 492, 496 (Fla. 4th DCA 2014) (citation omitted). The best evidence rule is codified in section 90.952, Florida Statutes (2016): “Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.” “This rule is predicated on t...

...Thus, there was apparently no basis for the trial court's conclusion that the agreement was violated or that the appellant "refused to do her part." Second, aside from making appellate review difficult, HRS's failure to introduce the agreement into evidence also constituted a violation of the best evidence rule. Section 90.952, Florida Statutes (1983)....

...He testified that the tape showed Russell putting a large amount of change on the counter. Defense counsel objected to the testimony, on the basis of the best evidence rule. The court overruled the objection and allowed the testimony to be admitted. The best evidence rule is set forth in section 90.952 of Florida Statutes (2000) as follows: 90.952 Requirement of originals.— Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph. § 90.952, Fla....

...He contends that admitting this testimony violated the best evidence rule. We agree. While the admission of evidence is within the trial court's discretion, that discretion is limited by the rules of evidence. Eliakim v. State, 884 So.2d 57 (Fla. 4th DCA 2004). The "best evidence rule," codified in section 90.952, Florida Statutes (2008), is titled, "Requirement of originals." It provides: Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording or photograph....

...Finding no reversible error, we affirm. Appellant maintains that while a written transcript of her tape-recorded confession would be admissible as secondary evidence under the Florida Evidence Code, section 90.954(1), Florida Statutes (1981), if the tape itself (as the best evidence, section 90.952, Florida Statutes (1981)) was lost or destroyed, the transcript in this case was not admissible because its authenticity was never established as required under the code, section 90.901....

...He denied stating that the person in the photograph had been the shooter. Appellant argues that the admission of the photograph in evidence violated the best evidence rule because the witness was unable to say whether the photograph was the original that he had seen or a copy. Appellant relies on section 90.952, Florida Statutes (1997), which provides: *767 Requirement of originals....

...However, for the reasons which we will discuss we conclude that the playing of the video tape during eye witness North's testimony and during the testimony of Shots and Reid did not constitute a violation of the best evidence rule, and did not amount to improper bolstering of these witnesses' testimony. Section 90.952, Florida Statutes (1997), provides that "[e]xcept as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph." In Gulf Life Insurance Co....

...ed. As noted by the trial court, this also made the time counter reflected on the left side of the frames *399 confusing. Under the circumstances, the videotape did not constitute "the best evidence." We therefore hold that there was no violation of section 90.952 in allowing North to testify with the assistance of portions of the videotape, or that in allowing him to explain to the jury what they were seeing constituted improper bolstering....

...The agreement was not listed on appellee's pretrial catalogue of exhibits nor did appellee make any demand upon appellant to produce the original of the agreement. Since appellee did not comply with either section 90.901, (requirement of authentication or identification) or section 90.952 (requirement of originals), Florida Statutes (1981), the agreement should not have been allowed into evidence....

...In finding appellant guilty, the trial judge commented that, taken alone, none of the identifications were enough to prove the case beyond a reasonable doubt. However, the court found that all of the identifications, when considered together, satisfied the State’s burden of proof. The Best Evidence Rule Applies Section 90.952, Florida Statutes (2012), commonly known as the “best evidence rule,” provides: Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph....

...State, 838 So.2d 1257, 1260 (Fla. 5th DCA 2003). In this case, the detective’s testimony was offered to prove “the contents” of the missing view on the surveillance video — that appellant was present at the scene of the burglary — making section 90.952 applicable....

...Thus, the Zabala deed did not conform to the statutory requirements for a valid deed. On this basis, there is insufficient evidence to support a finding that the Zabalas had a valid deed for Unit 106. The trial court also erred in finding that the Moraleses were valid deed holders of Unit 110. Section 90.952, Florida Statutes (1995), requires that the original writing be offered when proving the contents of the writing absent a sufficient explanation for its unavailability....

..." The trial judge explained to the jury that he could not answer why the videotape had not been introduced, but that the jury was permitted to consider the testimony of the investigator with regard to the tape. The best evidence rule is set forth in section 90.952, Florida Statutes (2002), as follows: Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph....

...The court overruled the objection. We agree that there was no violation of the best evidence rule. We review a trial court’s ruling on evidentiary issues for abuse of discretion. England v. State, 940 So.2d 389, 400 (Fla.2006). Florida’s best evidence rule is codified in section 90.952, Florida Statutes (2014)....

...He reviewed the X-rays, made notations, and drew conclusions upon which he based his decision to extract all of plaintiff's teeth. In preparation for the litigation defendant then gave the X-rays to his own expert for review. The record is silent as to the availability of defendant's expert witness. Section 90.952, Florida Statutes (1983) states the general rule that: Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph. Defendants have presented no Florida authority, nor a persuasive argument, that the X-rays are, or should be, excepted from the best evidence rule on the facts of this case. Both parties direct us to the sponsors' note to section 90.952: Although the admissibility of X-rays under the "best evidence" rule has apparently never been ruled on directly by Florida courts, the implication is that such materials would be admissible and an expert would be permitted to testify as to what they show, etc....

...In J.H., the court simply held the Health and Rehabilitative Services’ failure to introduce an agreement it entered into with a mother—the nonfulfillment of which was the basis for its dependency petitions—violated the best evidence rule. 480 So. 2d at 682 (citing § 90.952, Fla....

...der of the note, and the outstanding principal balance. The Bank sought to introduce into evidence a duplicate of the loan modification agreement executed by the parties. Garcia objected, asserting that, under the “Best Evidence Rule” (section 90.952, Florida Statutes (2016)), the original was required....

...4th DCA 2015). However, to the extent that such ruling is based upon construction of a statute or rule, our standard of review is de novo. Griffin v. State, 980 So. 2d 1035 (Fla. 2008); Wheaton v. Wheaton, 217 So. 3d 125 (Fla. 3d DCA 2017). Section 90.952 provides: Requirement of originals. Except as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph....

...e original and without need for an explanation as to why the original was unavailable. The trial court thus erred in determining that the loan modification agreement was a negotiable instrument and that a duplicate was inadmissible under sections 90.952 and 90.953. Dismissal of the Action Based Upon the Statute of Limitations We further hold that the trial court erred in concluding that the action was barred by the statute of limitations....

...The JCC did not reject Claimant’s testimony as untruthful, but invoked the best evidence rule to conclude that Claimant’s testimony was not competent substantial evidence that Claimant reported his wages. This was erroneous because the best evidence rule addresses the admissibility of evidence, not its weight. See § 90.952- 954, Fla....

required to prove the contents of a writing, § 90.-952, Fla.Stat. (1983); however, a duplicate is admissible

...ystem as secondary evidence in determining the contents of Machida's IRA Simplifier. Since the contents of the IRA Simplifier gave rise to legal rights, the process of proving them is governed by the best evidence rule, which is codified in sections 90.952-.954, Florida Statutes (2009). See Griem v. Zabala, 744 So.2d 1139, 1140 (Fla. 3d DCA 1999). Section 90.952 provides that "[e]xcept as otherwise provided by statute, an original writing ......

...2023). Beginning with the guilt phase, Boatman’s meritless claims include alleged violations of the best evidence rule. That rule requires the “original writing, recording, or photograph” to be introduced into evidence “to prove [its] contents.” § 90.952, Fla. Stat. (2019); Darling v. State, 966 So. 2d 366, 383 (Fla. 2007) (recognizing section 90.952 as codification of the rule)....

...In any event, the testimony was admissible under section 90.954(1), Florida Statutes (2012). The best evidence rule states “[ejxcept as otherwise provided by statute, an original writing, recording, or photograph is *1185 required in order to prove the contents of the writing, recording, or photograph.” § 90.952, Fla....

...In such instance, given the murkiness of the area under discussion, 5 a hearsay objection is unavailing. See Pauline v. Lee, 147 So.2d 359 (Fla. 2d DCA 1962); C.W. Ehrhardt, Florida Evidence, § 801.5 (1977). We also fail to see the applicability of the best evidence rule — as codified in Section 90.952, Florida Statutes (1981) — to such pronouncements....

...1 Rulings on motions for involuntary dismissal are reviewed de novo. Deutsche Bank Nat’l Tr. Co. v. Huber, 137 So. 3d 562, 563 (Fla. 4th DCA 2014). This Court must view the evidence in the light most favorable to the nonmoving party. Id. The best evidence rule, codified at section 90.952, Florida Statutes (2015), says that “[e]xcept as otherwise provided by statute, an original writing, recording, or photograph is required in order to prove the contents of the writing, recording, or photograph.” Id....

...We agree that there was no violation of the best evidence rule. 2  We review a trial court’s ruling on evidentiary issues for abuse of discretion. England v. State, 940 So. 2d 389, 400 (Fla. 2006). Florida’s best evidence rule is codified in section 90.952, Florida Statutes (2014)....

...by the rules of evidence.” Stewart v. Draleaus, 226 So. 3d 990, 996 (Fla. 4th DCA 2017). The Florida Evidence Code requires the production of an original of a writing to prove the contents of the writing, unless otherwise provided by statute. § 90.952, Fla....

...n interpretation of the evidence code and case law construing the code. See id. The Florida Evidence Code provides that an original of a writing is required to prove the contents of the writing, unless otherwise provided by statute. § 90.952....

there was no violation of the best evidence rule, § 90.952, Fla.Stat. (1991); (b) that there was no abuse

...its absence. Rather, Fannie Mae sought the admission of a copy of the agreement. Over objection, the trial court admitted the copy. We hold that the trial court erred in admitting a copy of the document and remand for a new trial. Section 90.952, Florida Statutes (2012), provides as follows: "Except as otherwise provided by statute, an original writing ....

...Thus, there was apparently no basis for the trial court’s conclusion that the agreement was violated or that the appellant “refused to do her part.” Second, aside from making appellate review difficult, HRS’s failure to introduce the agreement into evidence also constituted a violation of the best evidence rule. Section 90.952, Florida Statutes (1983)....

...The court cited 3 W. Blackstone, Commentaries *368, noting that although in Florida the best evidence rule applies only to writings, recordings, and photographs, the "spirit" of the rule renders it equally applicable to other physical evidence. 417 So.2d at 977 ; see § 90.952, Fla.Stat....