CopyCited 28 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 12752, 1991 WL 273700
...the verdict form. We can only assume some trial strategy motivated use of this highly unusual form. We are unwilling to find fundamental error. IV. EVIDENTIARY ISSUES Appellants also complain that the trial court, in violation of the requirements of section 90.956, Florida Statutes (1989), permitted appellees to introduce a written damage summary consisting of all sums spent by the Maniacis on the Casa Mia restaurant....
...t the underlying data from which the summary was compiled was made available to a complainant. See Tallahassee Housing Authority v. Florida Unemployment Appeals Comm'n,
483 So.2d 413 (Fla. 1986). The failure to comply with the notice requirements of section
90.956 has been found to be a "technical" violation of the statute only where: the record reflects that the written summary to which the witness referred and the data underlying the summary were in fact made available to the appellant suffici...
CopyCited 20 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 27
...es upon which the referee relied in denying Barron's unemployment compensation benefits was erroneously admitted into evidence. Consequently, no substantial competent evidence supports a finding of misconduct under section
443.036(24). Although *415 section
90.956, Florida Statutes (1983), permits the introduction of a summary into evidence when it is impractical to examine the records upon which it is based, that section provides that [t]he party intending to use such a summary must give timely...
...t a reasonable time and place. These prerequisites to admission were not met in this case. The Housing Authority contends that Barron "arguably had actual notice of the summary." Such "arguable" notice does not comport with the strict requirement of section 90.956 that timely written notice be given; further, this record contains no evidence that the underlying data from which the summary was compiled was made available to Barron....
CopyCited 17 times | Published | Florida 3rd District Court of Appeal | 1999 WL 452159
...Angrand,
710 So.2d 166, 168 (Fla. 3d DCA 1998): Where attorneys have not kept contemporaneous time records, it is permissible for a reconstruction of time to be prepared. See City of Miami v. Harris,
490 So.2d 69, 73 (Fla. 3d DCA 1985). See generally §
90.956, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2014 WL 2197616, 2014 Fla. App. LEXIS 8093
...nducted for profit. §
90.803(6)(a), Fla. Stat. “Summaries” of such business records may be admitted so long as the summary is authenticated by the party who prepared it and the presenting party complies with the notice requirements set forth in section
90.956. McKown v. State,
46 So.3d 174, 175 (Fla. 4th DCA 2010). See §
90.956, Fla....
...(2012) (“When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness”). Although the Cayeas claim that the printout was a “summary” within the meaning of section 90.956, we disagree....
...s record in foreclosure cases. See, e.g., WAMCO XXVIII, Ltd. v. Integrated Elec. Env’ts., Inc.,
903 So.2d 230, 233 (Fla. 2d DCA 2005) (affirming the admission of loan payment history as a business record). The printout was not admitted pursuant to section
90.956 and, therefore, the notice provisions of that section do not apply....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 5506, 2008 WL 1733673
...y and the documents used to produce it. Specifically, HOI contends that PPS did not provide "timely written notice" of an intention to use the revised summary, and that PPS did not make the revised summary available at a "reasonable time and place." § 90.956, Fla....
...ot directly bill the members for the medical services. [10] See Bowmar Instrument Corp. v. Fid. Elecs., Ltd., Inc.,
466 So.2d 344, 345 (Fla. 3d DCA 1985) (finding that while failing to give written notice of a summary may be a technical violation of section
90.956, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 WL 662749
...Appellants moved to recuse the judge and for rehearing on December 22, 2000. The court denied both motions. On February 23, 2001, the court awarded Malt costs and attorney's fees of $18,049.13. We find that the trial court properly admitted exhibit 23 under section 90.956, Florida Statutes (2000), as a summary of the invoices prepared by appellants and furnished to Malt....
...Exhibit 23 was a *513 compilation of appellants' own invoices. Under the facts of this case, three and one half weeks was sufficient time to investigate and analyze the records to determine if the summary was accurate. Mr. Malt was a "qualified witness" within the meaning of section 90.956 to present the summary at the hearing....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 16292, 2010 WL 4226262
...cated bank records, to prove the amount of restitution. McKown objected to the admission of the summary into evidence, arguing that no predicate was laid for its admission and it was hearsay. The state argued that it had given notice to McKown under section 90.956, Florida *175 Statutes (2009), that it would be using charge summaries or calculations....
...5th DCA 2003), the admission into evidence of a compilation of checks written on a victim's bank account was reversed because "[n]o evidence was adduced identifying who had made the compilation, nor was any further predicate shown that would render it admissible as a summary pursuant to section 90.956, Florida Statutes (2001)." Id....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21708
...Appellants received a copy of the disputed summary several weeks before the trial on damages; twelve days before trial they took a thirteen-hour deposition of the employee who had prepared the summary. On these facts we cannot agree that the technical violation of §
90.956, [1] Florida Statutes (1977) was harmful. Bernstein v. Common Markets, Inc.,
183 So.2d 290 (Fla. 3d DCA 1966); Victor Hotel Owners, Inc. v. Sperling,
104 So.2d 120 (Fla. 3d DCA 1958). Affirmed. NOTES [1] §
90.956, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1991 WL 35290
...ject to support the opinion expressed, the facts or data need not be admissible in evidence. See also Sponsor's Note to §
90.704, West's Fla. Stat.Annot. at 216-17; C. Ehrhardt, Florida Evidence § 704.1. Equally misplaced is the wife's reliance on section
90.956, Florida Statutes (1989). The requirements pertaining to expert testimony are those found in sections
90.702-.705, Florida Statutes. The proponent of expert testimony is not obliged to comply with section
90.956 when presenting the data relied on by the expert, although in some cases the proponent of the expert testimony may find it convenient to use that procedure. The fact that the husband did not offer a summary pursuant to section
90.956 was not a basis for excluding the expert testimony....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 11662, 2012 WL 2913937
...This summary was sixteen pages long and contained eighty-three separate entries. Many of the entries included multiple billings. The medical billings included on the summary totaled $1,002,190.81. Plaintiffs’ counsel proposed to use the summary at trial in accordance with section 90.956, Florida Statutes (2010)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1988 WL 81832
..., is not supported by clear and convincing evidence; (2) the denial of the appellant's request to testify by deposition was an abuse of discretion; (3) the use of a Human Leucocyte Antigen (HLA) test summary to support the paternity finding violated section 90.956, Florida Statutes (1987); (4) the award of temporary child support is not *349 provided for by the paternity statutes; and (5) a criminal contempt adjudication against the mother for disobeying a gag order violated due process requirements for adequate notice and a fair opportunity to be heard....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 2191, 1989 Fla. App. LEXIS 5128, 1989 WL 106775
...Antun's counsel requested the court to "keep us on standby ... with a day's notice." [5] Antun also argues that the reports were not based on facts supported by the record, contained hearsay, and constituted summaries that Ergas did not disclose as required by § 90.956, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Kohn, Philadelphia, Pa., for appellant/cross-appellee. *345 Sparber, Shevin, Shapo & Heilbronner and Jeffrey M. Weissman, Miami, for appellees/cross-appellants. Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ. PER CURIAM. Contrary to the ruling of the trial court, we are of the view that Section 90.956, Florida Statutes (1983), [1] applies not only to a written summary which a party intends to offer in evidence, but also to a summary which, as in the present case, is offered through the testimony of a witness....
...y were in fact made available to the appellant sufficiently in advance of the presentation of this testimony so as to enable the appellant to adequately prepare to voir dire and cross-examine the witness. Therefore, although a technical violation of Section 90.956 occurred when the appellees failed to give written notice of their intention to use the summary, that violation caused no substantial harm to the appellant....
...Kornreich & Sons, Inc. v. Titan Agencies, Inc.,
423 So.2d 940 (Fla. 3d DCA 1982). We have considered the remaining points on appeal and the point on appellees' cross-appeal and have concluded that no error has been demonstrated. Affirmed. NOTES [1] Section
90.956, Florida Statutes (1983), provides: "When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1995 WL 96813
...In spite of his seeming indifference toward the availability of the supporting documents, when the fee hearing resumed he renewed his objection to the use of billing statements as evidence of a reasonable fee. He urged the notion that those statements were, in effect, "summaries" of evidence, reliance upon which offended section 90.956, Florida Statutes (1991)....
...[2] Florida Statute Section
733.609 is the surcharge provision of the Florida Probate Code, according to which the trial court, "[i]n all actions challenging the proper exercise of a personal representative's powers," is required to award taxable costs, "including attorney's fees." [3] Section
90.956, Florida Statutes (1993), provides: When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 68769
...Neither employee was called to testify at the restitution hearing. Although the trial court directed that the subordinates testify, nothing in the record shows that either witness appeared. Furthermore, the record contains no indication that the State sought to introduce the information as a summary under section 90.956, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 4334, 1998 WL 187444
...ally worked on the case. [2] We disagree. *168 Where attorneys have not kept contemporaneous time records, it is permissible for a reconstruction of time to be prepared. See City of Miami v. Harris,
490 So.2d 69, 73 (Fla. 3d DCA 1985). See generally §
90.956, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...rguments. Julia,
146 So. 3d at 520.
As for the mother’s other arguments on appeal, we note that, on
remand, the mother may renew her attempt to use charts and summaries
to establish the father’s income, provided that the mother complies with
section
90.956, Florida Statutes (2017), and provided that the summaries
are not otherwise objectionable....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 15641, 2003 WL 22358162
...The victim’s daughter also presented a compilation listing checks purportedly written on the victim’s accounts and payable to Appellant. No evidence was adduced identifying who had *1087 made the compilation, nor was any further predicate shown that would render it admissible as a summary pursuant to section 90.956, Florida Statutes (2001)....
CopyPublished | Florida 3rd District Court of Appeal
...2d 554, 555 (Fla. 1st DCA 2006)
(“If, as in this case, the issue is primarily one of the weight or credibility of
the witnesses, it does not matter that there might be competent substantial
evidence to support a contrary view of the evidence.”); § 90.956, Fla....
...and place,’ there is no specific requirement to deliver such material, without
request, to the other parties so long as the Notice of Intent is properly given
so that the opposing party knows that such documents can be examined
and/or copied upon request.”) (quoting § 90.956, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1203, 1989 Fla. App. LEXIS 2673, 1989 WL 49920
...fficient to prove plaintiffs damages. We conclude that the trial court properly admitted the summaries in compliance with Sandegren v. State ex rel. Sarasota County Public Hospital Board,
397 So.2d 657, 661 (Fla.1981), and the Florida Evidence Code, §
90.956, Florida Statutes (1987)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 949832, 2013 Fla. App. LEXIS 3970
...exhibit. The MSC consisted of a combination of personal injury protection files generated by Petitioners, and medical and billing charts generated by Respondents. Over Respondents’ objection, MSC was introduced into evidence as a summary based on section 90.956, Florida Statutes (2004)....
CopyPublished | Florida 5th District Court of Appeal
...203.47 to cure the aforementioned default in the note and mortgage, Simms objected to their admissibility as being "irrelevant." She also objected that the collection notes should not be admitted because they were a summary of records prepared under section 90.956, Florida Statutes, without Green Tree having provided her with the statutorily-required notice of its intent to use summaries....
...payment but, rather, appropriately paid this money to Simms and her contractor to repair the water damage to Simms's home, as it was required to do under paragraph 5 of the mortgage. 3 Second, these collection notes were not summaries prepared under section 90.956, Florida Statutes, but were the actual real-time entries....
...s to make such a memorandum, report, etc., notwithstanding the availability of the declarant as a witness. Nationstar Mortg., LLC v. Berdecia ,
169 So.3d 209 , 212-13 (Fla. 5th DCA 2015) (quoting Yisrael v. State ,
993 So.2d 952 , 956 (Fla. 2008) ). Section
90.956, Florida Statutes (2015), provides, in pertinent part, that: When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness....
CopyPublished | Florida 5th District Court of Appeal
...203.47 to cure the aforementioned default in the note and mortgage, Simms objected to their admissibility as being "irrelevant." She also objected that the collection notes should not be admitted because they were a summary of records prepared under section 90.956, Florida Statutes, without Green Tree having provided her with the statutorily-required notice of its intent to use summaries....
...payment but, rather, appropriately paid this money to Simms and her contractor to repair the water damage to Simms's home, as it was required to do under paragraph 5 of the mortgage. 3 Second, these collection notes were not summaries prepared under section 90.956, Florida Statutes, but were the actual real-time entries....
...s to make such a memorandum, report, etc., notwithstanding the availability of the declarant as a witness. Nationstar Mortg., LLC v. Berdecia ,
169 So.3d 209 , 212-13 (Fla. 5th DCA 2015) (quoting Yisrael v. State ,
993 So.2d 952 , 956 (Fla. 2008) ). Section
90.956, Florida Statutes (2015), provides, in pertinent part, that: When it is not convenient to examine in court the contents of voluminous writings, recordings, or photographs, a party may present them in the form of a chart, summary, or calculation by calling a qualified witness....
