Holt v. Grimes
| Decision Date | 25 April 1972 |
| Docket Number | No. 71--1210,71--1210 |
| Citation | 261 So.2d 528 |
| Parties | Henry HOLT et al., trading and doing business as Thomson & McKinnon, Appellants, v. Laurence H. GRIMES, Appellee. |
| Court | Florida District Court of Appeals |
Horton, Schwartz & Perse, Miami, for appellants.
A. M. Schwitalla, Miami, for appellee.
Before BARKDULL, C.J., PEARSON, J., and HARDING, MAJOR B., Associate Judge.
This is an appeal filed by plaintiff below seeking review of a directed verdict entered at the close of plaintiff's case. At trial the judge sustained objections to certain records which were offered into evidence, whereupon plaintiff rested as the records allegedly were necessary to the establishment of its case. The record on appeal reflects absolutely no testimony as to the mode of preparation of these records nor was the witness testifying in regard to the records in the relationship of 'custodian or other qualified witness' as required by F.S. § 92.36, F.S.A. See Mastan Co. v. American Custom Homes, Inc., Fla.App.1968, 214 So.2d 103. The trial court did not err in sustaining the objections and directing the verdict.
Affirmed.
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Nationstar Mortg., LLC v. Berdecia
...with the activity to give the testimony.” Alexander v. Allstate Ins. Co., 388 So.2d 592, 593 (Fla. 5th DCA 1980) (citing Holt v. Grimes, 261 So.2d 528 (Fla. 3d DCA 1972) ). In the mortgage foreclosure context, proper authentication by a witness for the purposes of the business records excep......
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Lifemark Hosp. of Florida v. Hurley, 91-1628
...3d DCA 1978) (medical record must have proper predicate laid to be admissible), cert. denied, 373 So.2d 462 (Fla.1979); Holt v. Grimes, 261 So.2d 528 (Fla. 3d DCA 1972) (where no testimony concerning mode of preparation of certain records presented, trial court did not err in sustaining obj......
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Capital Nat. Bank of Miami v. Chancellor Properties, Inc.
...of error on the part of the trial judge. Mastan Company, Inc. v. American Custom Homes, Inc., Fla.App.1968, 214 So.2d 103; Holt v. Grimes, Fla.App.1972, 261 So.2d 528; Fla.Stat. § 92.36(2), ...
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Alexander v. Allstate Ins. Co., 79-38
...the activity to give the testimony. Mastan Co., Inc. v. American Custom Homes, Inc., 214 So.2d 103 (Fla. 2d DCA 1968); Holt v. Grimes, 261 So.2d 528 (Fla. 3d DCA 1972). This adjuster was not shown to be so qualified. Additionally, proof of practice, habit, or custom alone does not constitut......