DANIEL M. EDELMAN, APPELLANT,

v.

ESTATE OF ALLEN KENT BREED, APPELLEE

Citator

Cited By

• Holt v. Calchas, LLC, 155 So. 3d 499 (Fla. 4th DCA 2015)
  …e to legal consequences. Verbal acts, also known as statements of legal consequence, are not hearsay, because the statement is admitted merely to show that it was actually made, not to prove the truth of what was asserted in it. Arguelles v. State, 842 So. 2d 939, 943 (Fla. 4th DCA 2003) (quoting Banks v. State, 790 So. 2d 1094, 1097-98 (Fla.2001)). Since the copy of the notice contained in the court file was not offered to show that the declarations made in the notice were true, but instead, the contents of…
• Leigh v. State, 967 So. 2d 1102 (Fla. 4th DCA 2007)
  …aragraph. This exception to the hearsay rule “‘requires (1) that these statements be made during and in furtherance of a conspiracy, and (2) that independent evidence establish the conspiracy before the statements are allowed.’” Arguelles v. State, 842 So. 2d 939, 943 (Fla. 4th DCA 2003) (quoting Brooks v. State, 787 So. 2d 765, 773 (Fla.2001)). As such, the question that must be addressed is “whether there was competent, independent evidence, without consideration of any hearsay statements of co-conspirator…
• Dieujuste v. State, 86 So. 3d 1209 (Fla. 4th DCA 2012)
  …must prove ‘an express or implied agreement or understanding between two or more persons to commit a criminal offense,’ and an intention to commit that offense.” Leigh v. State, 967 So. 2d 1102, 1104 (Fla. 4th DCA 2007) (quoting Arguelles v. State, 842 So. 2d 939, 944 (Fla. 4th DCA 2003)). “The agreement may be inferred from the circumstances; direct proof is not necessary.” Schlicher v. State, 13 So. 3d 515, 517 (Fla. 4th DCA 2009). “Florida courts have generally affirmed convictions for conspiracies to buy…

Authorities Cited

• Trotter v. Van Pelt, 144 Fla. 517 (Fla. 1940)