ROBBY EUGENE HOGAN A/K/A NEVIA ABRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBBY EUGENE HOGAN A/K/A NEVIA ABRAHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
932 So. 2d 459
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
Affirmed. See State v. Dickey, 928 So. 2d 1193 (Fla.2006).
STEVENSON, C.J., GUNTHER and WARNER, JJ., concur.
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Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007)…t DCA 2004). Moreover, “ ‘no weight may be accorded an expert opinion which is totally conclusory in nature and is unsupported by any discernible, factually-based chain of underlying reasoning.’ ” M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki, P.A., 932 So. 2d 459, 464 (Fla. 4th DCA 2006) (quoting Div. of Admin, v. Samter, 393 So. 2d 1142, 1145 (Fla. 3rd DCA 1981)). Appellants’ objection to Dr. Fratrick’s opinion on loss of profits should have been sustained. Therefore, the trial court erred in permitting the…
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Doty v. State, 170 So. 3d 731 (Fla. 2015)…fic principles,” especially from an “expert” witness. Linic v. State, 80 So. 3d 382, 390 (Fla. 4th DCA 2012) (quoting Rider v. Sandoz Pharms. Corp., 295 F. 3d 1194, 1202 (11th Cir.2002)); see also M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki, P.A., 932 So. 2d 459, 464 (Fla. 4th DCA 2006) (“When the expert’s opinion is based on speculation and conjecture, not supported by the facts, or not arrived at by recognized methodology, the testimony will be stricken.”). Although the comment was clearly improper, beca…
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Fid. Warranty Servs., Inc. v. Firstate Ins. Holdings, Inc., 74 So. 3d 506 (Fla. 4th DCA 2011)…1, 244 (Fla. 4th DCA 1996).4 In this case, however, El-dridge’s testimony, even if it had been properly disclosed, should have been excluded because it was based on speculation and conjecture. See M.A. Hajianpour, M.D., P.A. v. Khosrow Maleki, P.A., 932 So. 2d 459, 464 (Fla. 4th DCA 2006) (“When the expert’s opinion is based on speculation and conjecture, not supported by the facts, or not arrived at by recognized methodology, the testimony will be stricken.”). At trial, Firstate claimed that its business wa…
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- State v. Dickey, 928 So. 2d 1193 (Fla. 2006)