Florida Statute 92.38 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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92.38 Comparison of disputed writings.—Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by the witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the jury, or to the court in case of a trial by the court, as evidence of the genuineness, or otherwise, of the writing in dispute.

History.—s. 55, ch. 1096, 1861; RS 1121; GS 1539; RGS 2739; CGL 4411.

Note.—Former s. 90.20.

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Amendments to 92.38

Annotations, Discussions, Cases:

Cases Citing Statute 92.38

Total Results: 11 | Sort by: Relevance | Newest First

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Pate v. Mellen, 275 So. 2d 562 (Fla. 1st DCA 1973).

Cited 6 times | Published | Florida 1st District Court of Appeal

...In fact, plaintiff's counsel did not even cross-examine the defendant on this testimony. Counsel for defendant then offered to introduce these checks as samples of Mrs. Farnham's signature, which was denied by the trial court. We agree with the statement of the trial court that under F.S. § 92.38, F.S.A., "it is the province and responsibility of the court to determine the genuineness of the standard offer and the court must be satisfied that it is genuine before admitting it to be used as a standard." While we hold that it is a corr...

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Proctor v. State, 97 So. 3d 313 (Fla. 5th DCA 2012).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2012 WL 4033528, 2012 Fla. App. LEXIS 15445

901.4, at 1057 (2011 ed.) (explaining that section 92.38, Florida Statutes, which allows jury comparison

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Windle v. Sebold, 241 So. 2d 165 (Fla. 4th DCA 1970).

Cited 5 times | Published | Florida 4th District Court of Appeal

...ed the signatures as genuine. The defendant then placed in evidence some forty exhibits of the plaintiffs' signatures on other documents the genuineness of which were admitted by the plaintiffs. On the basis of these proven standards and pursuant to Section 92.38, F.S....

...1 of that year. Although subsequent revisions of the rules did not incorporate a similar provision, we do not consider such omission as reviving the common law principle. Other aspects of the common law principle have been abrogated by statute (now Section 92.38, F.S....

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Wells Fargo Bank, N.A. v. Rutledge, 148 So. 3d 533 (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 15862, 2014 WL 5072721

...in support. Rutledge did not file any affidavits or other evidence establishing that Mary Dias's signatures on the unrelated mortgage or on her answer to Wells Fargo's complaint were genuine, nor did he request a stipulation from Wells Fargo. See § 92.38, Fla....

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Simmons v. State, 248 So. 2d 229 (Fla. 4th DCA 1971).

Published | Florida 4th District Court of Appeal | 1971 Fla. App. LEXIS 6502

*230The basis for our conclusion begins with Section 92.38, Florida Statutes, F.S.A., which has been restricted

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Barbon v. State, 207 So. 2d 696 (Fla. 4th DCA 1968).

Published | Florida 4th District Court of Appeal

§ 55, which as carried forward now appears as § 92.38 Fla.Stat, F.S.A.), reading as follows: “Comparison

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Graham v. State, 505 So. 2d 1102 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 7256

PER CURIAM. AFFIRMED. See section 92.38, Florida Statutes (1985). ANSTEAD, LETTS and GLICKSTEIN, JJ

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Aldridge v. State, 220 So. 2d 431 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6056

received in compliance with the requirements of § 92.38 Fla.Stat., F.S.A. See Barron v. State, Fla.App

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Sanchez v. Mondy, 936 So. 2d 35 (Fla. 3d DCA 2006).

Published | Florida 3rd District Court of Appeal | 2006 WL 1999373

...by comparing it with any other signature or writing; however in the interest of promoting the administration of justice in cases where comparisons of disputed writings were properly made, the harsh rule of the common law was abolished by what is now section 92.38 of the Florida Statutes. [3] Chem. Corn Exch. Bank & Trust Co. v. Frankel, 111 So.2d 99, 100-01 (Fla. 3d DCA 1959); see Thompson v. Freeman, 111 Fla. 433, 149 So. 740, 743 (1933). Section 92.38 provides: Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by the witnesses; and such writings, and the evidence of witnesses respecting the same, may...

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Pate v. Mellen, 237 So. 2d 266 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6146

Bell (Ark.1969) 447 S.W.2d 338, 340. . F.S. § 92.38, F.S.A.

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Florida Keys Boys Club, Inc. v. Pelekis, 327 So. 2d 804 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14707

Am.Jur.2d Evidence § 810 (1967), and Fla.Stat. § 92.-38. Appellants, on the other hand, urge that a party

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