CALVIN BERNARD JACKSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• The Florida Bar v. Schwartz, 284 So. 3d 393 (Fla. 2019)
  …er five and the signatures in concluding that Schwartz complied with McWilliams. Moreover, the referee’s reliance upon Schwartz’s expert for the legal conclusion that Schwartz acted properly under the case is misplaced. See Cty. of Volusia v. Kemp, 764 So. 2d 770, 773 (Fla. 5th DCA 2000) (“[A]n expert should not be allowed to render an opinion which applies a legal standard to a set of facts.”). Accordingly, notwithstanding the referee’s credibility findings and her finding that Schwartz’s subjective intent…
• Sihle Ins. Grp., Inc. v. Right WAY Hauling, Inc., 845 So. 2d 998 (Fla. 5th DCA 2003)
  …motion for directed verdict because Right Way’s expert was not qualified to testify about lost profits. A trial court has broad discretion in determining the subject upon which an expert may testify in a particular trial. County of Volusia v. Kemp, 764 So. 2d 770 (Fla. 5th DCA 2000) (citing Angrand v. Key, 657 So. 2d 1146 (Fla.1995)). Florida Rule of Civil Procedure 1.390 defines an “expert witness” as: [A] person duly and regularly engaged in the practice of a profession who holds a professional degree fro…
• Collins v. Collins, 873 So. 2d 1261 (Fla. 1st DCA 2004)
  …sue of custody. An abuse of discretion standard applies to a trial court’s decision concerning the qualifications of expert witnesses and the scope of their testimony. See Ramirez v. State, 542 So. 2d 352, 355 (Fla.1989); County of Volusia v. Kemp, 764 So. 2d 770, 773 (Fla. 5th DCA 2000). We are of the firm opinion that the court abused its discretion in permitting Ms. Strayer, who had neither evaluated nor treated the child, to present testimony outside of her review of the appointed expert’s file. The Comm…

Authorities Cited

• Henry v. State, 765 So. 2d 736 (Fla. 1st DCA 2000)