Security National Insurance Company v. Ascendant Commercial Insurance, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledOctober 8, 2026
Docket3D2024-1831
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 8, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1831
Lower Tribunal No. 18-32767-CA-01
________________
Security National Insurance Company,
Appellant,
vs.
Ascendant Commercial Insurance, Inc.,
Appellee.
An Appeal from the Circuit Court of Miami-Dade County, Antonio
Arzola, Judge.
Kaplan Zeena LLP, and James M. Kaplan, and Daniel M. Hirschman,
for appellant.
Freeman Mathis & Gary, LLP, and Robert M. Klein, and Christopher J.
Fraga, for appellees.
Before FERNANDEZ, MILLER, and LOBREE, JJ.
PER CURIAM.
Affirmed. See Levin v. Ethan Allen, Inc., 823 So. 2d 132, 135 n.1 (Fla.
4th DCA 2002) (finding that the court erred in excluding evidence of
settlement offers on the ground they are admissible under section 90.408:
“Although settlement offers are generally not admissible as evidence in the
lawsuit in which the offers are made, an offer of settlement in one case can
be relevant in another case.” (citing Ritter v. Ritter, 690 So. 2d 1372, 1376
(Fla. 2d DCA 1997) (finding that evidence of an offer in a pending personal
injury case was admissible in a dissolution of marriage case for the purpose
of establishing the value of a potential marital asset))); see also Fla. R. Civ.
P. 1.330(a)(3)(F) (providing that a deposition may be used for “any purpose
if the court finds . . . the witness is an expert or skilled witness.”); Seaboard
Air Line R. Co. v. Lake Region Packing Ass’n, 211 So. 2d 25, 30 (Fla. 4th
DCA 1968) (noting a skilled witness has “such skill, knowledge or experience
with respect to the subject matter about which he is called to testify that it
appears to the trial court that his opinion will probably aid the jury in the
resolution of an ultimate issue of fact”); Fred Howland, Inc. v. Morris, 196 So.
472, 475 (Fla. 1940) (“It is within the province of the trial court to determine
whether or not a witness offered as a skilled witness has such qualifications
and is possessed of sufficient knowledge through experience and
observation to warrant his testifying as a skilled witness, and the decision of
2
the trial court is conclusive upon the parties until it appears from the transcript
to have been erroneous or to have been founded upon error in law.”); see,
e.g., id. (finding that a construction professional with 22 years of active
experience who was familiar with the specific type of construction and
materials involved in an accident qualified as a skilled witness); Drs. Co. v.
Plummer, 210 So. 3d 711, 719 (Fla. 5th DCA 2017) (concluding that a
licensed emergency room physician who was board certified in emergency
medicine and had experience treating patients qualified as a skilled witness
in a medical malpractice case); see also Young v. State, 645 So. 2d 965,
966–67 (Fla. 1994) (“The policy underlying the exclusion of depositions from
the jury room is to prevent the jury from placing undue emphasis on the
deposition over the oral testimony presented at trial.”); Gills v. Angelis, 312
So. 2d 536, 537 (Fla. 2d DCA 1975) (“A jury should not be permitted to take
depositions into the jury room because this has the effect of giving superiority
to depositions over oral proof.” (citing Schoeppl v. Okolowitz, 133 So. 2d 124
(Fla. 3d DCA 1961))); Presley v. State, 839 So. 2d 813, 814 (Fla. 4th DCA
2003) (“Although the admission of Mrs. Nelson's out-of-court description
improperly corroborated her in-court testimony, we find its admission was
harmless where the defense was allowed to cross-examine her on this
subject, thereby mitigating the prejudice.”).
3