217 So. 3d 1048
Fla. Dist. Ct. App.2017Background
- On Dec. 15, 2014, Home Depot asset-protection observed Coates place items in her purse and attempted to leave without paying; she was apprehended.
- The observing employee entered SKU, price, and quantity into Home Depot’s case-management system the day of the incident per SOP.
- Before trial, the asset-protection manager compiled a list of stolen items from the case-management system at the prosecutor’s request; the list was dated Sept. 25, 2015 (four days before trial).
- At trial the State offered that list with a notarized business-records certification; the manager testified the underlying data were created on the incident date and kept in the ordinary course of business.
- On voir dire the manager admitted the specific list exhibit was prepared several days before trial solely for prosecution use.
- The trial court admitted the list under Florida’s business-records exception; the Fourth DCA reversed, holding the exhibit lacked the required indicia of reliability because it was created for the prosecution rather than contemporaneously as part of regular business practice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the list was admissible under Fla. R. Evid. 90.803(6) (business records) | The list reflects records kept in ordinary course; underlying entries were made at the time of the incident, and manager can authenticate | The list was created several days before trial at prosecutor’s request and thus was made for litigation, lacking business-record reliability | Reversed: list inadmissible as business record because it was compiled for prosecution, not made at/near the event as part of regular business practice |
Key Cases Cited
- Yisrael v. State, 993 So.2d 952 (Fla. 2008) (elements for business-records exception and strict compliance required)
- Jackson v. State, 877 So.2d 816 (Fla. 4th DCA 2004) (computer printouts admissible with proper custodian testimony)
- United States v. Fujii, 301 F.3d 535 (7th Cir. 2002) (printouts requested by a party can retain business-record character in some circumstances)
- Cayea v. CitiMortgage, Inc., 138 So.3d 1214 (Fla. 4th DCA 2014) (loan payment history printouts routinely admitted as business records)
- Lassonde v. State, 112 So.3d 660 (Fla. 4th DCA 2013) (reversal/remand where exhibit was prepared for prosecution)
- Johnson v. Dep’t of Health & Rehab. Servs., 546 So.2d 741 (Fla. 1st DCA 1989) (hearsay exceptions must be strictly followed)