UNITED AUTOMOBILE INSURANCE COMPANY, ETC.
v.
AFFILIATED HEALTHCARE CENTERS, INC., A/A/O WILSON BAQUERO

Fla. 3d DCA | 2021-08-04
No. 21-0093
Trammell
Florida District Court of Appeal, Third District (2021)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A proponent of business records under Florida Statute § 90.803(6) need only lay foundation using the language of the statute or a close approximation thereof, without requiring the testifying witness to detail the basis for familiarity with business practices.


Headnotes

[1] Under Florida Statute § 90.803(6), a proponent of a business record lays sufficient foundation by using the statutory language or a close approximation thereof, and the t…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“the proponent of a business record need only lay foundation 'using the language of the statute or a close approximation of it,' and that the testifying witness is not required 'detail the basis for his or her familiarity with the relevant business practices of the company or give additional details about those practices as part of the initial foundation because this would be inconsistent with the plain language of the statute'”

Court's holding on the proper foundation requirements for business records under Florida Statute § 90.803(6)

Facts & Procedural History

United Automobile Insurance Company appealed a trial court's evidentiary ruling regarding the admissibility of business records in a case involving Af…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

PER CURIAM.

Affirmed. Irving v. State, 627 So. 2d 92, 94 (Fla. 3d DCA 1993) (“A trial court has wide discretion concerning the admissibility of evidence, and a ruling on admissibility will not be disturbed unless there has been an abuse of discretion.” (citing Jent v. State, 408 So. 2d 1024, 1029 (Fla. 1981))); Jackson v. Household Fin. Corp. III, 298 So. 3d 531, 536–37 (Fla. 2020) (holding that under section 90.803(6), Florida Statutes, the proponent of a business record need only lay foundation “using the language of the statute or a close approximation of it,” and that the testifying witness is not required “detail the basis for his or her familiarity with the relevant business practices of the company or give additional details about those practices as part of the initial foundation because this would be inconsistent with the plain language of the statute” (citations omitted)).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw