MINDY R. KEESAL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROSALYN R. BARSKY, ON BEHALF OF THE ESTATE AND MINDY R. KEESAL, PETITIONER,
v.
FIRST HEALTHCARE CORPORATION, D/B/A EAST MANOR MEDICAL CARE CENTER, RESPONDENT
PER CURIAM.
This court has before it a petition for writ of certiorari which seeks review of a trial court order prohibiting counsel from engaging in ex parte contact with former employees of First Healthcare Corporation, d/b/a East Manor Medical Care Center, who eared for and treated the decedent whose estate is a party to this case. Pursuant to this court’s holding in Barfuss v. Diversicare Corp. of America, 656 So. 2d 486 (Fla. 2d DCA 1995), the petition is denied. We certify direct conflict with the holdings of Reynoso v. Greynolds Park Manor, Inc., 659 So. 2d 1156 (Fla. 3d DCA 1995), and Estate of Schwartz v. H.B.A Management, Inc., 673 So. 2d 116 (Fla. 4th DCA 1996).
Petition denied; direct conflict certified.
PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
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Floyd v. State, 850 So. 2d 383 (Fla. 2003)…ms in the interval between Leary’s delivery of them to the evidence technician and his testimony at trial does not by itself indicate a probability of tampering, which is what Floyd was required to demonstrate in this situation. See State v. Taplis, 684 So. 2d 214, 215 (Fla. 5th DCA 1996) (party attempting to exclude relevant physical evidence based on gap in chain of custody must show probability of tampering); see also Jordan v. State, 707 So. 2d 816, 818 (Fla. 5th DCA 1998) (when gap in chain of custody is…
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Barnes v. State, 743 So. 2d 1105 (Fla. 4th DCA 1999)…Donaldson, 579 So. 2d 728 (Fla.1991); State v. Crenshaw, 548 So. 2d 223 (Fla.1989); and Craft v. State, 517 So. 2d 691 (Fla.1988). Ashley involved an ongoing prosecution. See also Allen v. State, 703 So. 2d 1162 (Fla. 2d DCA 1997); State v. Taplis, 684 So. 2d 214 (Fla. 5th DCA 1996); State v. Ashley, 670 So. 2d 1087 (Fla. 2d DCA 1996); State v. Guthrie, 666 So. 2d 562 (Fla. 2d DCA 1995); State v. Poole, 665 So. 2d 1065 (Fla. 5th DCA 1995); State v. Campbell, 664 So. 2d 1085 (Fla. 5th DCA 1995); State v. Ingl…
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Murray v. State, 838 So. 2d 1073 (Fla. 2002)…ou. Would you admit that the paperwork and the documentation that came out of Micro Diagnostics at that time was below what would be normally accepted? A: It was, to be blunt, sloppy. Q: Thank you, sir. A: And below standards. . State v. Taplis, 684 So. 2d 214, 215 (Fla. 5th DCA 1996) ("[T]he burden of one attempting to bar otherwise relevant evidence is to show a likelihood of tampering (probability)...."). . Taplis v. State, 703 So. 2d 453, 454 (Fla.1997) ("[0]nce evidence of tampering is produced, the…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Glenice Barfuss v. Diversicare Corp. OF Am., 656 So. 2d 486 (Fla. 2d DCA 1995)
- Reynoso v. Greynolds Park Manor, Inc., 659 So. 2d 1156 (Fla. 3d DCA 1995)
- The Est. OF May Schwartz v. H.B.A. Mgmt., Inc., 673 So. 2d 116 (Fla. 4th DCA 1996)