Admissions By A Party Opponent

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

• First Nat'l Bank & Tr. Co. v. A.L. Hollingsworth, Jr.
  931 F.2d 1295· 8th Cir.· 1991-05-01 ·cited 4×
  The court held that the district court abused its discretion in barring a defendant from testifying, requiring a new trial on the RICO claim against him. It also affirmed the dismissal of the wrongful attachment counterclaim due to speculative damages.
• Lal R. Bhaya v. Westinghouse Elec. Corp.
  922 F.2d 184· 3d Cir.· 1990-12-28 ·cited 4×
  The dissenting judge would reinstate the first jury's liability verdict for the plaintiffs and remand for a new trial on damages, arguing the district court erred in granting a new trial and in its jury instructions.
• United States v. Felton
  908 F.2d 186· 7th Cir.· 1990-07-23 ·cited 4×
  The court held that the admission of hearsay testimony, even if erroneous, did not constitute plain error because it did not likely change the outcome of the trial.
• Vance J. Skillsky v. Lucky Stores, Inc.
  893 F.2d 1088· 9th Cir.· 1990-01-11 ·cited 4×
  The court held that hearsay evidence not objected to at summary judgment is admissible against the non-objecting party, and that California law would likely extend the tort of retaliatory discharge to subsequent employers.
• Huber v. United States
  838 F.2d 398· 9th Cir.· 1988-02-05 ·cited 4×
  The court held that Coast Guard investigative reports' conclusions and recommendations are inadmissible in civil litigation under 46 C.F.R. § 4.07-l(b), and that the discretionary function exception does not shield the government from liability for negligent execution of a rescue
• YEE v. Dep't OF Env't Servs.
  826 F.2d 877· 9th Cir.· 1987-09-01 ·cited 4×
  The court held that the district court's finding of no discriminatory intent was clearly erroneous because the evidence indisputably showed preferential treatment and a tainted promotion examination, making the selection the product of discrimination.
• Saucier v. State
  491 So. 2d 1282· Fla. 1st DCA· 1986-07-31 ·cited 4×
  The court held that admitting rebuttal testimony without a proper predicate and without instructing the jury on its impeachment purpose was error, but this error was harmless.
• United States v. Thuna
  786 F.2d 437· 1st Cir.· 1986-03-18 ·cited 4×
  The court held that the district court did not err in redacting a statement, admitting rebuttal evidence, or giving jury instructions that allowed permissive inferences regarding the defendant's knowledge of stolen goods.
• Nat'l Labor Relations Bd. v. Sherwood Trucking Co.
  775 F.2d 744· 6th Cir.· 1985-10-28 ·cited 4×
  The court denied enforcement of the NLRB's order because there was not substantial evidence to support the finding that Phillips was a supervisor at the critical times, rendering statements about union affiliation inadmissible hearsay and failing to establish unlawful discriminat
• Astra Pharm. Prods., Inc. v. Occupational Safety & Health Review Comm'n & Sec'y of Labor
  681 F.2d 69· 1st Cir.· 1982-06-22 ·cited 4×
  The court held that the Commission's finding of a violation was supported by substantial evidence, even if the evidence was thin, due to the employer's failure to present rebutting evidence.
• United States v. Adcock
  651 F.2d 338· 5th Cir.· 1981-07-20 ·cited 4×
  The court held that the admission of the defendant's statements, made during trial and to a Secret Service agent, was proper as they were relevant to proving intent for obstruction charges and did not violate hearsay rules or Rule 403.
• United States v. Dorsett
  544 F.2d 687· 4th Cir.· 1976-06-18 ·cited 4×
  The court held that the district court did not err in denying severance, admitting confessions, admitting a conversation, or in its jurisdiction, and that the evidence was sufficient to support the verdict.
• Miller v. Cardwell
  448 F.2d 186· 6th Cir.· 1971-09-10 ·cited 4×
  The court held that the admission of a co-defendant's recorded statement, which the defendant orally ratified, was permissible as evidence against the defendant, especially given the jury instructions.
• Sears v. Wedgeworth
  252 F.2d 759· 5th Cir.· 1958-03-05 ·cited 4×
  The court held that there was insufficient evidence of negligence for the 1955 injury, but sufficient evidence for the jury to consider the 1953 injury claim. A new trial is required for the 1953 injury.
• Manly v. State
  640 So. 2d 142· Fla. 4th DCA· 1994-07-27 ·cited 3×
  Patti Manly appealed her conviction for resisting arrest with violence and battery on a law enforcement officer. The court reversed because the trial court improperly admitted testimony about a threat Manly made to a witness, which violated the Williams rule prohibiting collatera
• H. Sand & Co., Inc. v. Airtemp Corp.
  934 F.2d 450· 2d Cir.· 1991-06-03 ·cited 3×
  The court held that a genuine issue of material fact exists regarding the date of tender of delivery for a chiller, precluding summary judgment based on the statute of limitations.
• Gentry v. State
  300 So. 3d 233· Fla. 4th DCA· 2020-07-22 ·cited 2×
  James Gentry appeals his life sentence for first-degree murder, challenging the trial court's exclusion of his brother's hearsay confession that he, not Gentry, was responsible for the victim's death. The court affirmed, holding that no fundamental error occurred when the trial c
• Woolman v. State
  292 So. 3d 530· Fla. 2d DCA· 2020-03-18 ·cited 2×
  Chase Woolman appeals his convictions for sexual battery and lewd/lascivious molestation. The appellate court reverses and remands for a new trial based on two fundamental errors: (1) the trial court's admission of a controlled phone call containing evidence of uncharged collater
• ST. James v. State
  88 So. 3d 999· Fla. 4th DCA· 2012-05-23 ·cited 2×
  The court held that claims of ineffective assistance of counsel and sentencing challenges were without merit, and the appellant was not entitled to further amend his postconviction motion.
• Padron Warehouse v. Realty Assocs. Fund III
  377 F. Supp. 2d 1259· S.D. Fla.· 2005-07-14 ·cited 2×
  The court granted summary judgment for Realty on PWC's claims, finding no genuine issue of material fact regarding the shareholders' agreement and applying the statute of limitations.
• Alarcon v. State
  814 So. 2d 1180· Fla. 4th DCA· 2002-04-17 ·cited 2×
  The Fourth District Court of Appeal reversed a probation revocation based solely on hearsay testimony of statements allegedly made by the defendant through an interpreter to his community control officer. The court held that while hearsay can be admissible in probation revocation
• State v. Dreggors
  813 So. 2d 170· Fla. 5th DCA· 2002-03-15 ·cited 2×
  The trial court erred by entering an overbroad order excluding all prior testimony from the State's case-in-chief in a criminal prosecution.
• United States Ex Rel. Mueller v. Eckerd Corp.
  35 F. Supp. 2d 896· M.D. Fla.· 1999-02-01 ·cited 2×
  The court affirmed the magistrate judge's order denying the government's request for ex parte interviews of pharmacy technicians and clerks.
• Dollar v. State
  685 So. 2d 901· Fla. 5th DCA· 1996-12-06 ·cited 2×
  A newspaper article containing out-of-court statements by a defendant is inadmissible hearsay even though newspapers are self-authenticating documents, because authentication concerns only the document's genuineness, not its compliance with hearsay rules, and out-of-court stateme
• Washington v. Vogel
  880 F. Supp. 1534· M.D. Fla.· 1995-01-05 ·cited 2×
  The court ruled on several motions in limine, granting some in part and denying others, to determine the admissibility of various pieces of evidence at trial.
• Stephone Johnson v. State
  625 So. 2d 1297· Fla. 1st DCA· 1993-11-01 ·cited 2×
  The court held that an offer to pay a victim's medical expenses is admissible in a criminal case as an admission, and is not barred by the statute governing inadmissibility of offers to pay medical expenses, which applies only to civil cases. The court also held that an argument
• Consol. Grain & Barge Co. v. Huffman Towing Co.
  801 F.2d 1072· 8th Cir.· 1986-09-26 ·cited 2×
  The district court erred in failing to apply the doctrine of res ipsa loquitur to infer negligence.
• Chao v. State
  453 So. 2d 878· Fla. 3d DCA· 1984-08-07 ·cited 2×
  A defendant has standing to challenge a search if the prosecution relies on possession of the evidence, even if they don't own the premises, and hearsay can support a warrant if sufficiently corroborated.
• Summerall v. State
  171 So. 3d 150· Fla. 1st DCA· 2015-07-14 ·cited 1×
  The trial court erred by admitting testimony regarding out-of-court statements made by appellant's mother to the victim warning that appellant threatened to shoot her, as such testimony constituted hearsay offered for the truth of the matter asserted, and the error was not harmle
• Gusmao v. State
  48 So. 3d 93· Fla. 5th DCA· 2010-10-29 ·cited 1×
  Fernando Gusmao appeals his conviction for grand theft of over $100,000. The Fifth District Court of Appeal affirmed the conviction, finding no error in the admission of hearsay evidence, the characterization of checks as worthless, or the sufficiency of evidence regarding crimin
• Larez v. City OF LOS Angeles
  946 F.2d 630· 9th Cir.· 1991-09-27 ·cited 1×
  The court affirmed the denial of a new trial for the six officers but reversed and remanded for a new trial against Chief Gates and the City due to the erroneous admission of hearsay evidence.
• Annis v. First Union Nat'l Bank OF Fla.
  566 So. 2d 273· Fla. 1st DCA· 1990-07-06 ·cited 1×
  Prior inconsistent statements of a party-opponent are admissible for impeachment during rebuttal without requiring the predicate foundation ordinarily mandated by Florida Statutes § 90.614(2), which expressly exempts admissions of party-opponents from its requirements. The trial
• Williams v. State
  278 So. 2d 643· Fla. 4th DCA· 1973-06-06 ·cited 1×
• Marckenley Gustave v. State of Del.
  Del.· 2025-07-29
  The appellate court affirmed the trial court's denial of the defendant's motions for a mistrial and a new trial. The court found that the trial court applied the correct legal standards and that the defendant failed to demonstrate the required prejudice. The accidental inclusion
• Oglesby v. United State of Am.
  M.D. Fla.· 2025-07-14
  The court held that the petitioner failed to establish ineffective assistance of counsel on any of his claims, and therefore, his motion to vacate, set aside, or correct his sentence must be denied.
• Hill v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2025-05-27
  Charles Lee Hill challenged his convictions for first-degree murder, armed kidnapping, and robbery in this federal habeas corpus case, arguing ineffective assistance of counsel and improper identification procedures. The court denied all grounds for relief, finding that the ident
• Bull
  Del. Super. Ct.· 2024-06-24
  The Unemployment Insurance Appeal Board's decision finding just cause for termination and denying unemployment benefits is affirmed. The court found that substantial evidence supported the Board's findings, and no legal error was committed. The employee's arguments regarding hear
• v. Dashan Freeman
  Del. Super. Ct.· 2023-04-09
  The court granted the defendant's motion to suppress evidence from his cell phone, finding the search warrant lacked probable cause and was overbroad. The court denied the motion to suppress Department of Correction communications, finding the subpoenas were reasonable. The court
• Arch Specialty Ins. Co. v. BP Inv. P'rs, LLC
  M.D. Fla.· 2021-11-05
  The court held that the defendant's motions for mistrial, sanctions, new trial, and judgment as a matter of law were denied because the jury verdict was supported by sufficient evidence and any alleged errors did not cause substantial prejudice.
• Sears v. Rivero
  M.D. Fla.· 2019-09-23
  The court held that a new trial was not warranted because the jury's verdict was not against the great weight of the evidence and any alleged errors did not render the trial fundamentally unfair or affect the plaintiff's substantial rights.
• Alvarez v. State
  15th Cir. Ct. App. Div.· 2018-04-23
  Felix Luis Alvarez appeals his convictions for unlawful sexual activities with animals and animal cruelty, claiming the trial court reversibly erred by admitting testimony recounting an English translation of statements Alvarez made in Spanish to a non-testifying police officer-i
• In & for Sussex Cnty.
  Del. Super. Ct.· 2014-03-31
  The Superior Court denied the defendant's application to transfer her case from adult criminal court to Family Court. The court found that the State had established a prima facie case for Kidnapping in the First Degree, a charge over which the Superior Court maintains original ju
• Gabe Enrique Rhenals v. State
  9th Cir. Ct. App. Div.· 2009-10-07
  Gabe Enrique Rhenals appeals his conviction for stalking, challenging the trial court's denial of his motion in limine to exclude the word 'stalking,' the admission of Facebook and email evidence, and the admissibility of those documents as hearsay. The appellate court affirmed t
• Nat'l Ass'n for the Advancement of Colored People v. Florida
  2000 U.S. Dist. LEXIS 20087· M.D. Fla.· 2000-09-21
  The court held that plaintiffs' counsel may conduct ex parte interviews with current and former employees of the Department of Corrections, subject to specific guidelines and protective measures.
• Warner v. Reiss
  623 So. 2d 777· Fla. 1st DCA· 1993-08-18
  Warner appeals an unemployment compensation decision denying benefits denial based on employee misconduct. The court reverses, holding that deposition testimony admissible as an admission under Florida's hearsay rules can support a misconduct finding and remands for reconsiderati
• United States v. McINTYRE
  997 F.2d 687· 10th Cir.· 1993-06-07
  The court affirmed the defendant's conviction, holding that the district court did not abuse its discretion in its evidentiary rulings or its decision regarding juror qualification, and that the admission of certain documents, while potentially erroneous, did not constitute plain
• United States v. Dempsey Buford Merida
  985 F.2d 198· 5th Cir.· 1993-03-05
  The court affirmed the denial of the defendant's motion to vacate convictions, finding that the admission of challenged exhibits did not constitute plain error and that appellate counsel's failure to raise the issue did not render assistance constitutionally inadequate.
• Schultz v. Mister Donut OF Am.
  564 So. 2d 236· Fla. 1st DCA· 1990-07-16
  The court held that the Judge of Compensation Claims (JCC) may have erred in rejecting testimony that qualified as an admission by a party-opponent, requiring further findings.
• State v. Crews
  15 Fla. Supp. 179· Duval Cty. Cir. Ct.· 1959-12-31
  The court held that the search of the abandoned vehicle was reasonable and justified, and that the trial court properly handled potentially prejudicial statements and hearsay evidence.