terry's takes
Filtered by category: corporate representativeMay 24, 2023
3rd dca, corporate representative, discoveryGonzalez v. State of Florida
this criminal case is likely to be of more interest to civil practitioners than it is to criminal lawyers. citing supreme court precedent that goes back to 19741, the third district has reaffirmed that the records custodian of a corporation cannot claim...
read moreMarch 15, 2023
3rd dca, 1983 excessive force, amendment of pleadings, business records, certificate of service, corporate representative, discovery sanctions violations, florida civil rights claim, hearsay, impact rule, medical malpractice presuit, negligence duty, personal jurisdiction, summary judgement standardWillis v. Accenture, Inc.
willis sued accenture under the florida civil rights act of 1992 (fcra) as codified in section 760.01, fla. stat. and for tortious interference with a business relationship.
read moreMarch 1, 2023
3rd dca, business records, corporate representative, hearsayMesa v. Citizens Property Insurance Corp.
In this property insurance case, Citizens Insurance’s corporate representative, Alicia Wright, testified about an adjuster’s findings that roof damage was due to non-covered wear and tear, not covered wind damage. The plaintiff objected, arguing Wright lacked personal knowledge of the inspection details, but the trial court allowed her testimony. Citizens won at trial, but on appeal, the District Court of Appeal (DCA) found Wright’s testimony was inadmissible hearsay because she had no firsthand knowledge and the adjuster’s report was not entered into evidence. The court held that this error likely impacted the verdict, reversed the decision, and ordered a new trial.
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