MARCIAL RODRIGUES, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Special v. Ivo Baux, M.D., 79 So. 3d 755 (Fla. 4th DCA 2011)
  …tantial right of a party,” its admission cannot be a "miscarriage of justice” under section 59.041 Nonetheless, some cases involving evidentiary errors apply a harmless error test based on "injury to substantial rights.” See, e.g., Tormey v. Trout, 748 So. 2d 303 (Fla. 4th DCA 1999); Wall v. Alvarez, 742 So. 2d 440 (Fla. 4th DCA 1999); Centex-Rooney Constr. Co. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997). See also Prince v. Aucilla River Naval Stores Co., 103 Fla. 605, 137 So. 886, 887 (1931) ("A judg…
• Manhardt v. Shameem Tamton, M.D., Susan W. Short Pediatrics, P.A., 832 So. 2d 129 (Fla. 2d DCA 2002)
  …el for both parties to refrain from. asking any party or expert about prior lawsuits. The questions propounded to Dr. Noel were irrelevant to Dr. Noel’s expertise and otherwise constituted an improper attack on his credibility. See Tormey v. Trout, 748 So. 2d 303, 306 (Fla. 4th DCA 1999) (citing Farinas v. State, 569 So. 2d 425, 429 (Fla.1990), and holding that, in a personal injury case, cross-examination of medical expert about prior administrative discipline was improper credibility attack); see also Libe…
• Jacquelyn N. Young v. Becker & Poliakoff, P.A., 88 So. 3d 1002 (Fla. 4th DCA 2012)
  …redibility was “squarely at issue.” Therefore, he should be allowed to impeach Romeo’s credibility with evidence of his disbarment. In ruling that evidence of Romeo’s disbarment was not admissible, the trial court [*1013] relied on Tormey v. Trout, 748 So. 2d 303, 306 (Fla. 4th DCA 1999). Tormey is precisely on point. There, we held that cross-examination of the defendant’s medical expert regarding administrative discipline was an improper attack on his credibility. Although we found the error harmless in To…