COLONIAL PENN INSURANCE COMPANY, APPELLANT,

v.

MORRIS NATHAN AND HELEN NATHAN, APPELLEES

Citator

Cited By

• Eugene J. Strasser, M.D., P.A. v. Bose Yalamanchi, M.D., P.A., 783 So. 2d 1087 (Fla. 4th DCA 2001)
  …ce is collateral and therefore inadmissible when it neither (1) is relevant to prove an independent fact or issue nor (2) would discredit a witness by establishing bias, corruption, or lack of competency on the part of the witness. Correia v. State, 654 So. 2d 952, 954 (Fla. 4th DCA 1995). The proffered evidence in this case clearly addressed a collateral matter-specifieally, whether Parnell gave untruthful deposition testimony in another case. Nor did the evidence demonstrate bias, corruption, or lack of com…
• Alexander v. State, 103 So. 3d 953 (Fla. 4th DCA 2012)
  …a particular issue; and (2) facts which discredit a witness by pointing out the witness’ [sic] bias, corruption, or lack of competency.” Id. at 715 (citing Gelabert v. State, 407 So. 2d 1007, 1009-10 (Fla. 5th DCA 1981)); see also Correia v. State, 654 So. 2d 952, 954 (Fla. 4th DCA 1995). In the instant case, the defense sought to call Deal to the stand, and proffered the following testimony: [O]n the night of this incident, [the victims] went back to the house [with Deal and Deal’s mother], they ... didn’…
• Smith v. State, 98 So. 3d 632 (Fla. 4th DCA 2012)
  …Hair v. State, 428 So. 2d 760, 762 (Fla. 3d DCA 1983). Extrinsic evidence is admissible for collateral impeachment as “evidence which would discredit a witness by pointing out the witness’s bias, corruption or lack of competency.” Correia v. State, 654 So. 2d 952, 954 (Fla. 4th DCA 1995) (citing Dempsey v. Shell Oil Co., 589 So. 2d 373, 377 (Fla. 4th DCA 1991)). Here, the defense had the right to inquire and inform the jury of the entire situation in assessing D.S.’s credibility. Finally, the state suggeste…

Authorities Cited

• Mullis v. State Farm Mut. Auto. Ins. Co., 252 So. 2d 229 (Fla. 1971)
• Gov't Emps. Ins. Co. v. Douglas, 654 So. 2d 118 (Fla. 1995)