DANIEL LOPEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
  …an take the stand and testify under oath to the predicate requirements. See § 90.803(6)(a), Fla. Stat. (2004). Second, the parties may stipulate to the admissibility of a document as a business record. See, e.g., Kelly v. State Farm Mut. Auto. Ins., 720 So. 2d 1145, 1146 (Fla. 5th DCA 1998) (holding that the parties stipulated to the admissibility of [*957] medical records under the business-records exception); but see Gordon v. State, 787 So. 2d 892, 894 (Fla. 4th DCA 2001) (holding that the State and defense…
• Shaunda Hayes v. Wal-Mart Stores, Inc, 933 So. 2d 124 (Fla. 4th DCA 2006)
  …ty, Inc., 536 So. 2d 260 (Fla. 3d DCA 1988); 3-M Corp. McGhan Med. Reports Div. v. Brown, 475 So. 2d 994 (Fla. 1st DCA 1985). Such prohibition does not apply when the expert is subjected to cross-examination. See Kelly v. State Farm Mut. Auto. Ins., 720 So. 2d 1145 (Fla. 5th DCA 1998). [*128] In Kelly, the court agreed with Williams and held that “[n]ormally an expert witness may not be used as a conduit to place otherwise inadmissable [sic] evidence before a jury.” Kelly, 720 So. 2d at 1146. However, State Fa…
• Flores v. Miami-Dade Cnty., 787 So. 2d 955 (Fla. 3d DCA 2001)
  …’ records are not the kind of record that an expert in this field would rely on in the formation of an opinion on this subject. The cases relied on by the plaintiff are not to the contrary. The question in Kelly v. State Farm Mutual Auto. Ins. Co., 720 So. 2d 1145 (Fla. 5th DCA 1998), was whether the expert witness could lay the foundation to introduce the medical records of other physicians into evidence, simply because the expert witness had used the underlying medical records as the basis for the expert op…

Authorities Cited

• Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995)