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6th DCAJuly 26, 2024Affirmed⭐ Notable

Xolo v. State

Case No. 6D2023-0846

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.

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