CRIMINAL LAW: EVIDENCE: COURT REFUSES TO DECIDE WHETHER FLA. R. EVID. 90.608 SUPERSEDES FLA. R. EVID. 90.615(1), WHICH AUTHORIZES THE TRIAL COURT TO CALL COURT WITNESSES; APPEALS: PRESERVATION: DEFENDANT WAIVED POINT ON APPEAL BY OBJECTING ON DIFFERENT GROUND IN TRIAL COURT

Phelps v. State, ___ So. 3d ___, 40 Fla. L. Weekly D282 (Fla. 1st DCA January 27, 2015)

On appeal, the defendant argued that “the 1990 amendment to section 90.608, Florida Statutes, which [permits] any party, including the party calling a witness, to attack the witness’s credibility,” makes obsolete section 90.615(1), Florida Statutes, which permits the trial court to call … Click To Read Full Case Law Review...

EVIDENCE: CIVIL PROCEDURE: DISCOVERY: DEPOSITION OF COUNSEL WHO CREATED DATA SUMMARY FOR ADMISSION IN EVIDENCE BASED ON FLA. R. EVID. 90.956; APPEALS: CERTIORARI: DEPARTURE FROM ESSENTIAL REQUIREMENTS OF LAW

Allstate Insurance Company v. Total Rehab and Medical Centers, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D619 (Fla. 4th DCA March 13, 2013)

The trial court ruled that the defendants could depose those of the plaintiffs’ lawyers who prepared a data summary for admission in evidence under Fla. R. Civ. P. 90.956, and the appellate court denied … Click To Read Full Case Law Review...