ALAN R. SOVEN, APPELLANT,

v.

SUN BANK OF MIAMI, APPELLEE

Citator

Cited By (23 total)

• Carratelli v. State, 832 So. 2d 850 (Fla. 4th DCA 2002)
  …4 “does not ‘typically permit an expert to render an opinion exclusively upon inadmissible facts or data.’ ” Maklakiewicz v. Berton, 652 So. 2d 1208, 1209 (Fla. 3d DCA 1995) (emphasis added) (quoting Riggins, 545 So. 2d at 432); see Bender v. State, 472 So. 2d 1370, 1371 (Fla. 3d DCA 1985) (observing [*862] that “the hearsay rule poses no obstacle to expert testimony premised, in part ... upon tests, records, data, or opinions of another, where such information is of a type reasonably relied upon by experts in…
• Linn v. Basil D. Fossum, M.D., 946 So. 2d 1032 (Fla. 2006)
  …e receipts, the photographs of the body, and all other paperwork filed in the case. See id. at 1013. The autopsy report, toxicology report, and photographs are clearly “facts or data” reasonably relied on by experts in the field. In Bender v. State, 472 So. 2d 1370, 1371 (Fla. 3d DCA 1985), the expert psychiatrist relied on a CAT scan report that contained the opinion of the radiologist who read the test. Unquestionably, CAT scan reports are the type of “facts or data” reasonably relied on by doctors.4 Howeve…

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• LEE v. State, 854 So. 2d 709 (Fla. 2d DCA 2003)
  …vidence, if the facts or data are of a type reasonably relied upon by experts in the subject to support their opinions. See § 90.704, Fla. Stat. (1999); Riggins v. Mariner Boat Works, Inc., 545 So. 2d 430, 431-32 (Fla. 2d DCA 1989); Bender v. State, 472 So. 2d 1370, 1371 (Fla. 3d DCA 1985). The record reflects that the trial court carefully analyzed the hearsay evidence that the State offered pursuant to section 394.9155(5). The court considered Lee’s objections and challenges, and it excluded unreliable hear…

Authorities Cited

• Irv Schwartz v. Disneyland Vista Records, 383 So. 2d 1117 (Fla. 4th DCA 1980)
• NEW York Fin., Inc. v. J & W Holding Co., Inc., 396 So. 2d 802 (Fla. 3d DCA 1981)