David Sasser v. Joleen Sasser
The Sixth District reversed an award of prejudgment interest, holding that a witness with no independent recollection cannot have her recollection 'refreshed' and may not testify from a third party's documents that were excluded as hearsay. Because the movant's testimony was not based on personal knowledge and the underlying documents were inadmissible, there was no competent substantial evidence supporting the amounts, and the court reversed without remand for additional evidence, directing entry of judgment removing the interest award.
Key facts
- A 2004 dissolution judgment required David Sasser to make annual payments in lieu of permanent periodic alimony; he defaulted and a 2014 enforcement order awarded prejudgment interest but never specified the amount of each annual payment or calculated the interest.
- In 2024, on a renewed motion, an evidentiary hearing was held to calculate prejudgment interest; the only evidence of the annual payment amounts was Joleen Sasser's testimony.
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Holdings
- A writing may be used to refresh present recollection, but where a witness has no independent recollection at all, there is nothing to refresh; testimony derived solely from another's…
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Why it matters
Although arising in a marital arrearage context, the holdings are squarely useful evidence and civil-litigation points: counsel cannot launder inadmissible hearsay documents through a witness who lacks any independent… — full analysis with a trial
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