MICHAEL LEAHY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Jaylene, Inc. v. Moots, 995 So. 2d 566 (Fla. 2d DCA 2008)
  …ompel a different result here. The McKibbin case is controlling only to the extent that it is possible to determine from the court’s opinion that the power of attorney at issue in that case was similar to the POA held by Ms. Moots. See Shaw v. Jain, 914 So. 2d 458, 461 (Fla. 1st DCA 2005). But the opinion in McKibbin does not set forth the language of the power of attorney under review in that case. Id. Thus McKib-bin is not controlling here where the POA unambiguously makes a broad, general grant of authorit…
• Swanson v. Robles, 128 So. 3d 915 (Fla. 2d DCA 2013)
  …ges portion of the trial and that a new trial is necessary. The admissibility of evidence is within the trial court’s discretion, but the rules of evidence limit that discretion. Michael v. State, 884 So. 2d 83, 84 (Fla. 2d DCA 2004); Shaw v. Jain, 914 So. 2d 458, 460 (Fla. 1st DCA 2005). The rules of evidence provide for the admission of relevant evidence and define relevant evidence as “evidence tending to prove or disprove a material fact.” §§ 90.401, .402, Fla. Stat. (2011). And, even if relevant, eviden…
• Probkevitz v. Velda Farms, LLC, 22 So. 3d 609 (Fla. 3d DCA 2009)
  …y results in jury confusion as to the issues and evidence considered. See Goldman v. Bernstein, 906 So. 2d 1240, 1241 (Fla. 4th DCA 2005). A new trial is warranted whenever irrelevant, prejudicial evidence is improperly introduced. See Shaw v. Jain, 914 So. 2d 458, 460-61 (Fla. 1st DCA 2005). The evidence of Probkev-itz’s negligence, as well as a question of her negligence on the verdict form, allowed the jury to base their determination of Dixon’s negligence on facts and circumstances irrelevant to his fault…

Authorities Cited

• Edwards v. State, 830 So. 2d 141 (Fla. 5th DCA 2002)