Gregory Fussell v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 14, 2020
Docket3D19-0643
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 14, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-643
Lower Tribunal Nos. 95-8258, 95-8259 & 15-1206
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Gregory Fussell,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Stacy D. Glick,
Judge.
Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant
Public Defender, for appellant.
Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney
General, for appellee.
Before EMAS, C.J., and LOGUE and HENDON, JJ.
PER CURIAM.
Affirmed. See Fla. R. Civ. P. 1.330(d)(4) (โErrors and irregularities in the
manner in which the testimony is transcribed or the deposition is prepared, signed,
certified, or otherwise dealt with by the officer under rules 1.310 and 1.320 are
waived unless a motion to suppress the deposition or some part of it is made with
reasonable promptness after the defect is, or with due diligence might have been,
discovered.โ); Motel 6, Inc. v. Dowling, 595 So. 2d 260, 262 (Fla. 1st DCA 1992)
(โThe obvious purpose of the rule is to allow the court to conduct a hearing regarding
any irregularities before trial so that they might be corrected or otherwise allayed.โ)
(emphasis in original).
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