Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is hearsay in a Florida family law case? Hearsay is defined by law as an out-of-court statement offered to prove the truth of the matter asserted. Unless an exception applies as defined by statute, hearsay is generally inadmissible in court. This was an issue in the case Rolle v. Joseph, 3D24-2173 (Fla. 3d DCA March 18, 2026).
A stalking injunction was entered, and the accused stalker appealed. He argued on appeal that the entry of the order was based on inadmissible hearsay, specifically with regard to text messages that were entered into evidence that he argued where not properly authenticated.
The appellate court held “As a threshold matter, many of the objections [the accused] raises in his appeal were not preserved by contemporaneous objection. Overton v. State, 976 So. 2d 536, 547 (Fla. 2007) (‘To preserve error for appellate review, the general rule requires that a contemporaneous, specific objection occur at the time of the alleged error.’). In examining the main, preserved objection to the introduction of text messages, the trial court correctly overruled [the accused’s] objection to the authenticity of the messages. ‘Circumstances recognized as sufficient to meet the test of authenticity include when a letter is written disclosing information which is likely known only to the purported author.’ State v. Love, 691 So. 2d 620, 621 (Fla. 5th DCA 1997).”
The court concluded “Here, the trial court did not abuse its discretion in admitting the text messages because the information contained therein was known only to [the accused]. To the extent [the accused] challenges that he sent the messages, the trial court correctly stated on the record that such matters are better addressed by cross examination (or the presentation of contradictory testimony).”
This article is not legal advice. Schedule your meeting with a Miami family law attorney for specific advice about your case.