WILLIAM A. SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wyman Lawrence v. PEP Boys-Manny MOE & Jack, Inc., 842 So. 2d 303 (Fla. 5th DCA 2003)
  …t sworn affidavit testimony, solely to avoid summary judgment. See Ellison v. Anderson, 74 So. 2d 680 (Fla.1954); Ondo v. F. Gary Gieseke, P.A., 697 So. 2d 921 (Fla. 4th DCA 1997), rev. denied, 707 So. 2d 1126 (1998); Arnold v. Dollar General Corp., 632 So. 2d 1144 (Fla. 5th DCA 1994). More specifically, the supreme court held in Ellison that: [W]hen met by a Motion for Summary Judgment [a litigant] should not be permitted by his own affidavit, or by that of another, to baldly repudiate his previous depositio…
• Soler v. Secondary Holdings, Inc., 771 So. 2d 62 (Fla. 3d DCA 2000)
  …redible explanation for discrepancies between earlier unequivocal testimony and later inconsistent testimony, that the later testimony will be stricken. See Elison v. Goodman, 395 So. 2d 1201 (Fla. 3d DCA 1981). See also Arnold v. Dollar Gen. Corp., 632 So. 2d 1144 (Fla. 5th DCA 1994)(party to lawsuit will not be allowed to repudiate his or her prior deposition testimony by affidavit executed by that party or by another person, without a credible explanation given in the affidavit or in record itself); Cary v.…
• Lesnik v. Duval Ford, LLC, 185 So. 3d 577 (Fla. 1st DCA 2016)
  …; Lawrence v. Pep Boys Manny Moe & Jack, Inc., 842 So. 2d 303, 305 (Fla. 5th DCA 2003) (error to faji to consider plaintiffs affidavit explaining, why he fell despite not providing, this explanation in prior deposition); Arnold v. Dollar Gen. Corp., 632 So. 2d. 1144, 1145 (Fla. 5th DCA 1994) (plaintiffs deposition “is not as clear [*584] and emphatic as her later-filed affidavit, but we cannot say it is ‘blatantly' or ‘baldly’ contradictory, either.”); Streeter v. Bondurant, 563 So. 2d 729, 733 (Fla. 1st DCA 19…

Authorities Cited

• Quarry Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993)