Alberto Pescatore and Deeper Blue Sea, LLC v. Jose Luis Fernandez
This order on post-disposition motions clarifies the Fourth District's earlier panel opinion, explaining that a general hearsay objection is sufficient to initially preserve the issue, but once an opposing party invokes a specific hearsay exception the objecting party must then identify the particular infirmity in the predicate for that exception and obtain a ruling to preserve the specific ground for appeal.
Key facts
- Appellants Alberto Pescatore (individually) and Deeper Blue Sea, LLC appealed from a judgment entered in the Circuit Court for the Seventeenth Judicial Circuit, Broward County (Judge Jack Tuter), case no. CACE19009643.
- At trial, appellants lodged a general 'hearsay' objection; appellee Jose Luis Fernandez responded by invoking the business records exception; appellants did not further specify the alleged predicate deficiency.
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Holdings
- Once an opponent invokes a specific hearsay exception after a general hearsay objection, the objecting party must specify the predicate deficiency and obtain a ruling on it to preserve the…
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