Xolo v. State
In a criminal appeal, the Sixth DCA held that a party who obtains a definitive pretrial ruling admitting evidence nonetheless abandons the objection—and fails to preserve the issue—if counsel states "no objection" when the evidence is offered at trial, under Carr v. State, 156 So. 3d 1052 (Fla. 2015). The court affirmed but expressly flagged the tension between Carr and section 90.104(1), Florida Statutes, which says a party "need not renew an objection" after a definitive ruling, inviting Florida Supreme Court review.
Key facts
- Xolo appealed a criminal conviction where the trial court had made a definitive pretrial ruling admitting a recorded confession.
- At trial, when the confession was offered into evidence, Xolo's counsel stated 'no objection' despite having previously obtained a pretrial ruling on the admissibility issue.
- +2 more key facts with a free trial
Why it matters
Although arising in a criminal case, the preservation holding turns on section 90.104(1) of the Florida Evidence Code, which applies equally in civil litigation. Practitioners who win or lose a definitive pretrial… — full analysis with a trial
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