ERVIN BAKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (18 total)

• Ward v. State, 519 So. 2d 1082 (Fla. 1st DCA 1988)
  …of that rule in this case or whether the rule survives the enactment of the Florida evidence code. See, e.g., Morella v. Brown, 425 So. 2d at 124 n. 2; Bartholf v. Westside Automotive, Inc., 410 So. 2d 956 (Fla. 1st DCA 1982); Marshall v. Papineau, 132 So. 2d 786 (Fla. 1st DCA 1961).…
• Bertone v. State, 224 So. 2d 400 (Fla. 3d DCA 1969)
  …nt now contends that the witness was improperly allowed to testify, in his capacity as medical examiner, in regard to the relationship between his findings on examination and the history as given by the patient. Marshall v. Papineau, Fla.App., 1961, 132 So. 2d 786. See also Troj v. Smith, Fla.App., 1967, 199 So. 2d 285. The objection to such testimony is that it is essentially hearsay, being based upon information as related by the patient to the medical examiner. However, the general rule is that the grounds…
• Tampa Transit Lines, Inc. v. Smith, 155 So. 2d 557 (Fla. 2d DCA 1963)
  …ndition was admissible insofar as it related to pain, even though it was based largely on subjective symptoms attested by the plaintiff as of the time of trial. Dr. Miller was technically a treating physician. See Marshall v. Papineau, Fla.App.1961, 132 So. 2d 786. Obviously the doctor’s opinion was qualified by [*559] the hypothetical factor, by the interval between his examination and the date of trial and by the fact that it differed from his first impression; but these qualifications pertained to the weig…

Authorities Cited

• Tipton v. State, 97 So. 2d 277 (Fla. 1957)