ELEAZAR HERNANDEZ-PEREZ
v.
STATE OF FLORIDA
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A trial court has discretion in answering jury questions and may answer directly or refer jurors to standard instructions; a Daubert objection to expert witness qualification is not preserved for appeal when no contemporaneous objection was made at trial.
[1] A trial court has discretion in answering jury questions during deliberations and may respond directly or refer jurors to standard jury instructions.
[2] A Daubert objection regarding the qualification of an expert witness is not preserved for appellate review unless the objection is made contemporaneously at trial with su…
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Join FLexlaw to unlock all legal intelligenceEleazar Hernandez-Perez was convicted in Palm Beach County circuit court. On appeal, he challenged the trial court's answer to a jury question and cla…
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PER CURIAM. We affirm appellant’s convictions. As to appellant’s first issue regarding the answer given to a jury question, the trial court has discretion in answering a jury question, and it may answer a question directly or refer jurors to standard instructions. See Perriman v. State, 731 So. 2d 1243, 1246–47 (Fla. 1999). The second issue, alleging a failure to conduct a Daubert1 inquiry of an expert witness, was not preserved. See State v. Ivey, 285 So. 3d 281, 286 (Fla. 2019) (stating that to be preserved for appeal, an objection must be “sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefor” (quoting § 924.051(1)(b), Fla. Stat. (2015))); see also Philip Morris USA Inc. v. Gore, 238 So. 3d 828, 830 (Fla. 4th DCA 2018) (finding Daubert issue not preserved where appellant failed to make a contemporaneous objection and there were no references to Daubert or section 90.702, Florida Statutes, at trial).
Affirmed. WARNER, DAMOORGIAN and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Eleazar Hernandez-Perez v. State, 285 So. 3d 281 (Fla. 4th DCA 2021)…ion directly or refer jurors to standard instructions. See Perriman v. State, 731 So. 2d 1243, 1246–47 (Fla. 1999). The second issue, alleging a failure to conduct a Daubert1 inquiry of an expert witness, was not preserved. See State v. Ivey, 285 So. 3d 281, 286 (Fla. 2019) (stating that to be preserved for appeal, an objection must be “sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefor” (quoting § 924.051(1)(b), Fla. Stat. (2015))); see also P…1 / 2
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Correll v. Johnson v. State of Fla. (Fla. 1st DCA 2021)…cated, this was not the rationale offered by the State. Instead, the State accepts that defense counsel’s initial comment was an objection, however, it argues that the objection was “abandoned” “because it was not renewed” pursuant to State v. Ivey, 285 So. 3d 281, 286 (Fla. 2019). Because we disagree that any objection was ever logged at all, it is not necessary to determine whether the objection could be or was abandoned. Because we determine that this issue was not preserved below, the trial court’s judgme…
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Oquendo v. State, 357 So. 3d 214 (Fla. 2025)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daubert et ux. v. Merrell Dow Pharms., Inc., 509 U.S. 579 (U.S. 1993)
- Perriman v. State, 731 So. 2d 1243 (Fla. 1999)
- Philip Morris USA Inc. v. Gore, 238 So. 3d 828 (Fla. 4th DCA 2018)
- Eleazar Hernandez-Perez v. State, 285 So. 3d 281 (Fla. 4th DCA 2021)