Did the Florida Supreme Court Overrule Ehrhardt’s “Florida Evidence”?
Many Florida lawyers, particularly those with Florida school law degrees, clutch to their Ehrhardt “Florida Evidence” text. And with good reason. However that grasp should be loosened just enough to take a red pen to section 408.1 of the book. You may also want to mark up your Florida Statutes 768.041(3) (release or covenant not to sue) and section 90.408 (compromise and offers to compromise). Because the Florida Supremes ruled that evidence of settlement or dismissal of a former defendant is never admissible, even to challenge bias or credibility. In Albert Saleeby v. Rocky Elson Construction, the Court tangled with a direct and express conflict between the Third and Fourth DCA on the issue of admissibility of a prior defendants settlement under these two statutes (Fourth District had permitted while the Third had not). In the Saleeby facts, a defendant had been released from the case and later appeared in trial as an expert, opining a co-defendant had violated building codes. The Hig
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