Gulf Life Ins. Co. v. Stossel
| Decision Date | 04 February 1938 |
| Citation | 131 Fla. 127,179 So. 163 |
| Parties | GULF LIFE INS. CO. v. STOSSEL. |
| Court | Florida Supreme Court |
On petition for rehearing.
Former opinion modified and reaffirmed.
For former opinion, see 175 So. 804. Appeal from Circuit Court, Palm Beach County; C. E. Chillingworth, judge.
Loftin Stokes & Calkins, of Miami, and Robert H. Anderson and Harold B. Wahl, both of Jacksonville, for appellant.
W. H Mizell, of West Palm Beach, for appellee.
The petition for rehearing is directed to that part of the court's opinion reading as follows:
This procedure for admitting moving picture films in evidence grew out of charges and counter charges of bad faith on the part of counsel with reference to the verity of the evidence or films in question. On further consideration, we are convinced that the procedure so prescribed should not be required in all cases.
We do not renounce the requirement as to notice and the production of such evidence under the direction of a commissioner. We think it the proper procedure in many cases, but if in the judgment of either litigant the notice and appointment of a commissioner should not be availed of, the litigant may proceed in the manner deemed by him advisable, but to be competent evidence, the films must be properly authenicated and shown to be a faithful representation of the subject, sound, movement, or other tangible or intangible thing which they purport to reproduce. When such a showing is made to the trial court, moving picture films should be admitted under the same rules as photographs.
In other respects, the opinion is reaffirmed.
It is so ordered.
Upon further consideration of this matter, I...
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