Admissibility Of Duplicates

18 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Amendments to the Florida Evidence Code
  782 So. 2d 339· Fla.· 2000-10-26 ·cited 37×
  The Florida Supreme Court declined to adopt Chapter 98-2, Section 1, Laws of Florida, which would have significantly broadened the hearsay exception for former testimony by removing the requirement that a declarant be unavailable. The Court rejected the amendment based on constit
• Arman Saporito v. Madras
  576 So. 2d 1342· Fla. 5th DCA· 1991-03-28 ·cited 25×
  Saporito appeals an involuntary dismissal of his claim for damages resulting from a lis pendens filed against his motel property. The court reverses, holding that Saporito established a prima facie case of damages and that attorney's fees incurred in removing a lis pendens are re
• United States v. Stockton
  968 F.2d 715· 8th Cir.· 1992-07-06 ·cited 16×
  The court affirmed the sentences imposed on the defendants.
• Citigroup Mortg. Loan Tr. v. Scialabba
  238 So. 3d 317· Fla. 4th DCA· 2018-03-07 ·cited 12×
  Citigroup Mortgage Loan Trust appealed the grant of an involuntary dismissal in a foreclosure action where the trial court found the bank failed to provide proper notice as a condition precedent to foreclosure. The appellate court reversed, finding the bank presented prima facie
• DOW Corning Corp. v. Allibert Garner
  452 So. 2d 1· Fla. 4th DCA· 1984-01-11 ·cited 9×
  Dow Corning petitioned to enforce a prior appellate mandate requiring the trial court to reinstate specific discovery protections. The trial court failed to comply, instead substituting alternative safeguards and requiring production of original documents containing privileged in
• Liukkonen v. Bayview Loan Servicing LLC
  243 So. 3d 981· Fla. 4th DCA· 2018-03-28 ·cited 8×
  Appellant Joanne Liukkonen appealed a foreclosure judgment, arguing that appellee Bayview Loan Servicing violated the best evidence rule by introducing only copies of loan modifications without explanation. The Fourth District Court of Appeal affirmed the judgment, holding that l
• Bank of N.Y. Mellon v. Garcia
  254 So. 3d 565· Fla. 3d DCA· 2018-07-05 ·cited 5×
  A loan modification agreement is not a negotiable instrument, so a duplicate copy may be admitted without explanation for the original's unavailability. Additionally, an allegation of continuing default (failure to pay the initial default date and all subsequent payments) is suff
• Pennsylvania Blue Shield v. Wolfe
  575 So. 2d 1361· Fla. 3d DCA· 1991-03-12 ·cited 5×
  Pennsylvania Blue Shield appeals a bench trial judgment in favor of physician Dr. Wolfe seeking payment for medical services. The court affirmed, holding that the trial court properly denied the insurer's motion to dismiss for failure to prosecute and that sufficient evidence sup
• Booker T. Perry and Betty J. Perry v. Fairbanks Cap. Corp.
  888 So. 2d 725· Fla. 5th DCA· 2004-12-10 ·cited 4×
  Homeowners appealed a foreclosure judgment, arguing the mortgagee failed to establish the promissory note was lost and should have produced the original mortgage. The Fifth District Court of Appeal affirmed the foreclosure, holding that while a promissory note (a negotiable instr
• VAN DEN Borre v. State
  596 So. 2d 687· Fla. 4th DCA· 1992-01-29 ·cited 4×
  Van Den Borre, a Belgian diplomat, was convicted of two murders and challenged his convictions on grounds of diplomatic immunity and involuntary confession. The court affirmed his convictions, holding that the Belgian Government validly waived his diplomatic immunity through dipl
• Tillman v. Smith
  472 So. 2d 1353· Fla. 5th DCA· 1985-07-25 ·cited 4×
  Lorraine Tillman, as personal representative of Elmer Smith's estate, appeals the trial court's exclusion of a duplicate antenuptial agreement in a proceeding to determine whether the decedent's widow, Virginia Smith, is entitled to an elective share. The court reversed, holding
• United States v. Gipson
  609 F.2d 893· 8th Cir.· 1979-11-20 ·cited 2×
  The court held that the trial court did not err in admitting the defendant's confession or copies of documents showing government receipt of stolen property.
• Sanger v. Asher
  Fla. 5th DCA· 2024-03-22
  A duplicate security agreement evidencing a debt is admissible under Florida Statute § 90.953 without requiring an original, but original promissory notes are required as negotiable instruments. The trial court abused its discretion in reopening evidence over three months after t
• Sanger v. Asher
  Fla. 5th DCA· 2024-03-22
  Lindsay Sanger appeals a judgment for $338,000 based on a security agreement and four promissory notes. The Fifth District Court of Appeal affirmed liability on the security agreement but reversed and remanded the promissory notes claims, holding that the trial court abused its d
• H.A. v. State
  24 So. 3d 752· Fla. 3d DCA· 2009-12-30
  A juvenile appealed a petit theft conviction, challenging the admission of still photographs downloaded from a surveillance video. The Florida Third District Court of Appeal affirmed, holding that the photographs qualified as statutory duplicates under Florida law and were proper
• Polanco v. State
  710 So. 2d 63· Fla. 3d DCA· 1998-04-01
  Jose Manuel Polanco appeals his manslaughter conviction and sentence. The court affirms the conviction but vacates the sentence and remands for resentencing because the state failed to present competent evidence of outstanding warrants used to enhance the sentencing score.
• State v. Edgecomb
  573 So. 2d 1073· Fla. 4th DCA· 1991-02-13
  The State appealed a trial court's suppression order denying evidence obtained via search warrant because the originals could not be produced at the suppression hearing. The appellate court reversed, holding that certified copies of the warrant and probable cause affidavit were a
• United States v. Patten
  826 F.2d 198· 2d Cir.· 1987-08-17
  The court held that the defendant waived his right to challenge the dismissal of the original indictment and the admission of duplicate evidence was proper.