Provence v. Gillikin

District Court of Appeal of Florida

Provence v. Gillikin

711 So. 2d 627, 1998 Fla. App. LEXIS 5945, 1998 WL 264520

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1998

DocketNo. 97-0775

StatusPublished

This text of 711 So. 2d 627 (Provence v. Gillikin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Provence v. Gillikin, 711 So. 2d 627, 1998 Fla. App. LEXIS 5945, 1998 WL 264520 (Fla. Ct. App. 1998).

Pincite

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We deny Appellant’s motion for rehearing but withdraw our opinion of March 18, 1998, and substitute the following opinion:

Affirmed. The trial court’s decision not to take judicial notice of the evidence in question was not an abuse of discretion. Although sections 90.203 and 90.202(5), Florida Statutes, govern taking judicial notice of an official action of an executive department upon request of a party, the document here is not an official action of the agency, but, as recognized by the trial court, is a charging [628]*628document serving to initiate further proceedings.

STONE, C.J., and GUNTHER and POLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ON MOTION FOR REHEARING

PER CURIAM.

We deny Appellant’s motion for rehearing but withdraw our opinion of March 18, 1998, and substitute the following opinion:

Affirmed. The trial court’s decision not to take judicial notice of the evidence in question was not an abuse of discretion. Although sections 90.203 and 90.202(5), Florida Statutes, govern taking judicial notice of an official action of an executive department upon request of a party, the document here is not an official action of the agency, but, as recognized by the trial court, is a charging [628]*628document serving to initiate further proceedings.

STONE, C.J., and GUNTHER and POLEN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

711 So. 2d 627, 1998 Fla. App. LEXIS 5945, 1998 WL 264520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/provence-v-gillikin-fladistctapp-1998.