JERRIE KATE FLUELLEN, APPELLANT,

v.

LAW OFFICES OF FENSTERSHEIB & FOX, A PROFESSIONAL ASSOCIATION, AND ROBERT J. FENSTERSHEIB, APPELLEES

Citator

Cited By (20 total)

• Cannon v. State, 180 So. 3d 1023 (Fla. 2015)
  …sion to admit evidence is reviewed for an abuse of discretion. Johnston v. State, 863 So. 2d 271, 278 (Fla.2003). However, the question of whether a statement is hearsay is a matter of law and is subject to de novo review on appeal. Burkey v. State, 922 So. 2d 1033, 1035 (Fla. 4th DCA 2006). Hearsay, is ‘‘a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” § 90.801(l)(c), Fla. Stat. (2010). Rather than indic…
• Shands Teaching Hosp. & Clinics, Inc. v. Dunn, 977 So. 2d 594 (Fla. 1st DCA 2007)
  …on standard. However, the de novo standard applies if the issue presented on appeal is whether the trial court erred in applying a provision of the Florida Evidence Code. See McCray v. State, 919 So. 2d 647, 649 (Fla. 1st DCA 2006); Burkey v. State, 922 So. 2d 1033 (Fla. 4th DCA 2006). If the hospital’s policy of requiring two nurses qualifies as a routine practice of an organization as defined in the Florida Evidence Code, the hospital would be entitled to present evidence of the policy. There was no dispute…
• Powell v. State, 99 So. 3d 570 (Fla. 1st DCA 2012)
  …e victim and her sister should have been excluded as hearsay. Trial judges have discretion to rule on some kinds of evidence issues, but whether a statement falls within the statutory definition of hearsay is a question of law. See Burkey v. State, 922 So. 2d 1033 (Fla. 4th DCA 2006). Likewise, whether evidence is admissible in evidence under an exception to the hearsay rule is a question of law. See Chavez v. State, 25 So. 3d 49 (Fla. 1st DCA 2009). Thus, we review the issue presented here by the de novo sta…