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Tower Hill Preferred Ins. Co. v. Cabrera

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
May 24, 2017
219 So. 3d 862 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D16–220

05-24-2017

TOWER HILL PREFERRED INSURANCE COMPANY, Appellant, v. Jesus CABRERA, Appellee.

Scot E. Samis and Ashley R. Kellgren of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for appellant. Paul B. Feltman of Alvarez, Carbonell, Feltman & DaSilva, PL, Coral Gables, for appellee.


Scot E. Samis and Ashley R. Kellgren of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for appellant.

Paul B. Feltman of Alvarez, Carbonell, Feltman & DaSilva, PL, Coral Gables, for appellee.

Per Curiam.

The appellant challenges a final judgment, contending that the court erred in admitting store receipts and photocopies of checks into evidence. We affirm, applying the tipsy coachman doctrine. Where store receipts have distinctive logos and are identified by the purchaser as the receipts of the actual items purchased at the store by the purchaser, they are sufficiently authenticated and admissible to corroborate the testimony of the purchaser regarding the purchase. See Gosciminski v. State, 132 So.3d 678, 700 (Fla. 2013). Photocopies of cancelled checks are admissible as a duplicate of the original. See § 90.953, Fla. Stat. (2015) ; Pa. Blue Shield v. Wolfe, 575 So.2d 1361, 1363 (Fla. 3d DCA 1991). The trial court did not err in admitting the evidence. Moreover, as the documentary evidence was cumulative to the precise facts of the purchases to which the appellee and his wife, the purchasers, testified, any error in the admission of the evidence was harmless. Special v. W. Boca Med. Ctr., 160 So.3d 1251, 1256 (Fla. 2014).

Affirmed.

Warner, Levine and Forst, JJ., concur.

Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 644–45 (Fla. 1999) (holding that even though a trial court's ruling is based on improper reasoning, the ruling will be upheld if there is any theory or principle of law in the record which would support the ruling).


Summaries of

Tower Hill Preferred Ins. Co. v. Cabrera

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
May 24, 2017
219 So. 3d 862 (Fla. Dist. Ct. App. 2017)
Case details for

Tower Hill Preferred Ins. Co. v. Cabrera

Case Details

Full title:TOWER HILL PREFERRED INSURANCE COMPANY, Appellant, v. JESUS CABRERA…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: May 24, 2017

Citations

219 So. 3d 862 (Fla. Dist. Ct. App. 2017)