ABEL CURBELO HORTA
v.
CITIZENS PROPERTY INSURANCE CORPORATION
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Expert testimony must satisfy the Daubert test by being based on sufficient facts or data, employing reliable principles and methods, and applying those principles reliably to the case facts.
[1] Under Florida Evidence Code section 90.702, expert testimony is admissible only if it satisfies the Daubert test: (1) the testimony must be based on sufficient facts or d…
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Join FLexlaw to unlock all legal intelligence“The Daubert test as codified in section 90.702 requires (1) that the testimony be based on 'sufficient facts or data'; (2) that it be a 'product of reliable principles and methods'; and (3) that the expert 'applied the principles and methods reliable to the facts of the case.'”
Establishing the three-part test for expert testimony admissibility
Abel Curbelo Horta appealed a trial court decision in Miami-Dade County involving Citizens Property Insurance Corporation. The case involved the admis…
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Opinion filed January 22, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-0370 Lower Tribunal No. 22-1144
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Abel Curbelo Horta, et al.,
Appellants,
vs.
Citizens Property Insurance Corporation, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ariana Fajardo Orshan, Judge. MAC Legal, P.A., and Kristen D. Montgomery and Michael A. Citron (Hollywood), for appellants. Vernis & Bowling of Broward, P.A., and Evan A. Zuckerman (Hollywood), for appellee. Before LOGUE, C.J., and SCALES and LOBREE, JJ. PER CURIAM. Affirmed. See Booker v. Sumter Cnty. Sheriff’s Office/N. Am. Risk Servs., 166 So. 3d 189, 194 (Fla. 1st DCA 2015) (“The Daubert[1] test as codified in section 90.702 requires (1) that the testimony be based on ‘sufficient facts or data’; (2) that it be a ‘product of reliable principles and methods’; and (3) that the expert ‘applied the principles and methods reliable to the facts of the case.’”); Kemp v. State, 280 So. 3d 81, 89 (Fla. 4th DCA 2019) (“The Supreme Court in Daubert outlined a list of factors that bear on the reliability inquiry: (1) whether the theory can be or has been tested; (2) whether the theory or technique has been subjected to peer review and publication; (3) the known or potential rate of error of a particular scientific technique, as well as the existence of standards controlling the technique's operation; and (4) general acceptance in the scientific community.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Daubert et ux. v. Merrell Dow Pharms., Inc., 509 U.S. 579 (U.S. 1993)
- Booker v. Sumter Cnty. Sheriff's Office/North Am. Risk Servs., 166 So. 3d 189 (Fla. 1st DCA 2015)
- Jabari Kemp v. State, 280 So. 3d 81 (Fla. 4th DCA 2019)