ALLSTATE INSURANCE COMPANY AND KENNETH VASSAR, APPELLANTS,
v.
GREYHOUND RENT-A-CAR, INC., CANAL INDEMNITY COMPANY, EMPLOYER'S NATIONAL INSURANCE COMPANY, INC., AND ILLINOIS UNION INSURANCE COMPANY, INC., APPELLEES
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PER CURIAM.
We grant rehearing in part to correct a factual error and substitute the following opinion in place of our original opinion.
AFFIRMED. The trial court has wide discretion in non-jury matters to grant rehearing and in its discretion, consider new evidence. Crum v. State, 507 So. 2d 759 (Fla. 1st DCA 1987). The trial court in the instant case had denied admission at trial of a deposition taken in another case in Broward County solely on the ground that appellant convinced him that he could not take judicial notice of it. Judicial notice may be taken of all judicial records. § 90.202(6), Fla.Stat. However, the fact that the deposition may be judicially noticed does not render all that is in it admissible. See Milton v. State, 429 So. 2d 804, n. 4 (Fla. 4th DCA 1983). In this case, while not referring to section 90.804(2)(a), Florida Statutes, appellee’s counsel tried to point out that the deposition was of a material witness in the instant case deposed in another similar case involving the same facts where the opposing party (appellant) was also present in an adverse position and had the opportunity to cross-examine the witness. In his motion for rehearing the trial court acknowledged that the deposition was admissible under section 90.804 and thus granted the rehearing. We do not find that he abused his discretion.
ANSTEAD and WARNER, JJ., and STEVENSON, W. MATTHEW, Associate Judge, concur.
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Stoll v. State, 762 So. 2d 870 (Fla. 2000)…ments contained within those court records. We have never held that such otherwise inadmissible documents are automatically admissible just because they were included in a judicially noticed court file. Cf. Allstate Ins. Co. v. Greyhound Rent-A-Car, 586 So. 2d 482, 483 (Fla. 4th DCA 1991) (“[T]he fact that the deposition may be judicially noticed does not render all that is in it admissible.”); Milton v. State, 429 So. 2d 804, 805 (Fla. 4th DCA 1983) (although the court file was judicially noticed, the trial…
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Dufour v. State, 69 So. 3d 235 (Fla. 2011)…e, territory, or jurisdiction of the United States!” § 90.202(6), Fla. Stat. (2007). However, the fact that a record may be judicially noticed does not render all that is in the record admissible. See Allstate Ins. Co. v. Greyhound Rent-A-Car, Inc., 586 So. 2d 482, 483 (Fla. 4th DCA 1991). For instance, the court’s authority to take judicial notice of records cannot be used to justify the wholesale admission of hearsay statements within those court files, such as through police reports or letters. See Stoll v…
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Nat'l Enters., Inc. v. Martin, 679 So. 2d 331 (Fla. 4th DCA 1996)…motion of a party or on its own initiative, grant rehearing and, in its discretion, consider additional evidence.” Crum v. State, 507 So. 2d 759, 760 (Fla. 1st DCA 1987) (citations omitted). See also Allstate Ins. Co. v. Greyhound Rent-A-Car, Inc., 586 So. 2d 482 (Fla. 4th DCA 1991), rev. denied, 598 So. 2d 75 (Fla.1992). The written assignment attached to appellant’s motion for rehearing unequivocally established its ownership by assignment of the final summary judgment of foreclosure. Accordingly, we reve…
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- Nash Pontiac-Cadillac & Lynn Underwriting Co. v. Lamb, 507 So. 2d 759 (Fla. 1st DCA 1987)
- Milton v. State, 429 So. 2d 804 (Fla. 4th DCA 1983)