ELEANOR BREIER AND MARCUS BREIER, APPELLANTS,

v.

LENNAR HOMES, INC. AND DORAL PARK CORPORATION AS JOINT VENTURERS IN DORAL PARK JOINT VENTURE AND GEORGE TUBBS D/B/A TROPICAL PAINTING COMPANY, APPELLEES

Citator

Cited By

• Smith v. State, 941 So. 2d 479 (Fla. 3d DCA 2006)
  …In proving the amount of the loss, the State may not rely on hearsay testimony when the defense properly objects to its introduction. J.D. v. State, 693 So. 2d 146 (Fla. 3d DCA 1997); J.L. v. State, 684 So. 2d 883 (Fla. 3d DCA 1996); Louis v. State, 654 So. 2d 1290 (Fla. 3d DCA 1995); Delks v. State, 622 So. 2d 624 (Fla. 2d DCA 1993). ANALYSIS In this case, there is no question or dispute that actual costs were incurred— the victim’s body was returned to and funeral expenses were incurred in England. The Sta…
• J.D. v. State, 693 So. 2d 146 (Fla. 3d DCA 1997)
  …estimates relied upon to support the restitution amount were improperly based entirely on inadmissable hearsay evidence and the defendant properly objected to its admission. See J.L. v. State, 684 So. 2d 883, 884 (Fla. 3d DCA 1996); Louis v. State, 654 So. 2d 1290, 1290 (Fla. 3d DCA 1995); Branker v. State, 650 So. 2d 195, 196 (Fla. 4th DCA 1995); Boyle v. State, 589 So. 2d 1015, 1015 (Fla. 2d DCA 1991). Accordingly, we remand this cause for a new restitution hearing consistent with this opinion.…
• J.L. v. State, 684 So. 2d 883 (Fla. 3d DCA 1996)
  …te’s proper confession of error as to the amount attributable to the two rings and the VCR, we reverse, as their value was established only through hearsay testimony, and the defendant objected to the admission of that testimony. See Louis v. State, 654 So. 2d 1290 (Fla. 3d DCA 1995) (hearsay testimony of value of items stolen cannot by itself support restitution order). However, the value of the remainder of the items that were stolen, and the property damaged, was properly established by the victim’s testi…

Authorities Cited

• Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)