THE AETNA CASUALTY AND SURETY COMPANY, APPELLANT,

v.

CHARLIE'S AUTO PARTS AND SERVICE COMPANY, INC., APPELLEE

Citator

Cited By

• Pope v. State, 441 So. 2d 1073 (Fla. 1983)
  …fferent answers depending on the circumstances of each case, the party offering the deposition must show it Has exercised due diligence in its search. See, e.g., Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980); Palmieri v. State, 411 So. 2d 985 (Fla. 3d DCA 1982); Layton v. State, 348 So. 2d 1242 (Fla. 1st DCA 1977); Outlaw v. State, 269 So. 2d 403 (Fla. 4th DCA 1972), cert. denied, 273 So. 2d 80 (Fla.1973). However, defense counsel’s statement that he had no reason to doubt Lagle’s unavai…
• Lawrence v. State, 691 So. 2d 1068 (Fla. 1997)
  …at they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.” Barber v. Page, 390 U.S. 719, 721, 88 S.Ct. 1318, 1320, 20 L.Ed.2d 255, 258 (1968). Palmieri v. State, 411 So. 2d 985, 986 (Fla. 3d DCA 1982) (alteration in original). While the rules of evidence are relaxed somewhat, we have held that the rule requiring a party to demonstrate a witness’s unavailability before introducing her prior testimony is applicable to penal…
• McMILLON v. State, 552 So. 2d 1183 (Fla. 4th DCA 1989)
  …quent trial or hearing unless waived by the opposing party. It can only be used by agreement of the parties or when it becomes necessary due to the incapacity or inability of the witness to attend and testify. As the court said in Palmieri v. State, 411 So. 2d 985, 986 (Fla. 3d DCA 1982), “[tjhere is a clear constitutional preference for in-court confrontation of witnesses.” Palmieri is an example of an appropriate case for using such a depo [*1185] sition due to the incapacity of a witness. The suggestion th…

Authorities Cited

• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)