CALVIN BERNARD JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2000-07-12
No. 1D99-3972
BARFIELD, C.J., KAHN and DAVIS, JJ., CONCUR.
764 So. 2d 770 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Cf. Henry v. State, 765 So. 2d 736 (Fla. 1st DCA 2000).

BARFIELD, C.J., KAHN and DAVIS, JJ., CONCUR.


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  • Sihle Ins. Grp., Inc. v. Right WAY Hauling, Inc., 845 So. 2d 998 (Fla. 5th DCA 2003)
    …motion for directed verdict because Right Way’s expert was not qualified to testify about lost profits. A trial court has broad discretion in determining the subject upon which an expert may testify in a particular trial. County of Volusia v. Kemp, 764 So. 2d 770 (Fla. 5th DCA 2000) (citing Angrand v. Key, 657 So. 2d 1146 (Fla.1995)). Florida Rule of Civil Procedure 1.390 defines an “expert witness” as: [A] person duly and regularly engaged in the practice of a profession who holds a professional degree fro…
  • Collins v. Collins, 873 So. 2d 1261 (Fla. 1st DCA 2004)
    …sue of custody. An abuse of discretion standard applies to a trial court’s decision concerning the qualifications of expert witnesses and the scope of their testimony. See Ramirez v. State, 542 So. 2d 352, 355 (Fla.1989); County of Volusia v. Kemp, 764 So. 2d 770, 773 (Fla. 5th DCA 2000). We are of the firm opinion that the court abused its discretion in permitting Ms. Strayer, who had neither evaluated nor treated the child, to present testimony outside of her review of the appointed expert’s file. The Comm…
  • …may render an opinion regarding an ultimate issue in a case, but he or she is not permitted to render an opinion that applies a legal standard to a set of facts. See id.; Ruth v. State, 610 So. 2d 9, 11 (Fla. 2d DCA 1992); County of Volusia v. Kemp, 764 So. 2d 770, 773 (Fla. 5th DCA 2000) (“If expert testimony ... tells the jury how to decide the case, it should not be admitted.”). An expert should not be permitted to testify regarding a legal conclusion that the jury should be free to reach independently fro…

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