MARTIN CARABELLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1999-02-03
No. 98-0427
DELL, KLEIN and GROSS, JJ., concur.
727 So. 2d 270 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant argues that the trial court erroneously excluded certain testimony upon the state’s hearsay objection. By not raising in the trial court those arguments for admissibility now raised on appeal, appellant failed to preserve his contention that the excluded statements were non-hearsay or that they fell within some exception to the hearsay rule. See Tillman v. State, 471 So. 2d 32, 35 (Fla.1985); Guittierez v. State, 704 So. 2d 161 (Fla. 4th DCA 1997) (Gross, J., concurring).

DELL, KLEIN and GROSS, JJ., concur.


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  • HAY v. HAY, 944 So. 2d 1043 (Fla. 4th DCA 2006)
    …of donative intent are admissible as hearsay exceptions under section 90.803(3)(a), Florida Statutes. We find that this issue was not properly preserved, as the husband did not raise this precise argument for admissibility below. Carabella v. State, 727 So. 2d 270, 271 (Fla. 4th DCA 1999) ("Appellant argues that the trial court erroneously excluded certain testimony upon the state’s hearsay objection. By not raising in the trial court those arguments for admissibility now raised on appeal, appellant failed to…
  • Medina v. State, 260 So. 3d 419 (Fla. 3d DCA 2018)
  • HAY v. HAY, 934 So. 2d 21 (Fla. 4th DCA 2006)
    …of donative intent are admissible as hearsay exceptions under section 90.803(3)(a), Florida Statutes. We find that this issue was not properly preserved, as the husband did not raise this precise argument for admissibility below. Carabella v. State, 727 So. 2d 270, 271 (Fla. 4th DCA 1999) ("Appellant argues that the trial court erroneously excluded certain testimony upon the state's hearsay objection. By not raising in the trial court those arguments for admissibility now raised on appeal, appellant failed to…

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