BOWMAR INSTR. CORP. v. FIDELITY ELEC.

Nos. 83-2752, 84-311 and 84-2819.

466 So.2d 344 (1985)

BOWMAR INSTRUMENT CORPORATION, Appellant/Cross-Appellee, v. FIDELITY ELECTRONICS, LTD., INC. and Fidelity Electronics International Sales Company, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 15, 1985.


Attorney(s) appearing for the Case

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, Douglas J. Chumbley, Miami, Kohn, Savett, Marion & Graf and Harold E. Kohn, Philadelphia, Pa., for appellant/cross-appellee.

Sparber, Shevin, Shapo & Heilbronner and Jeffrey M. Weissman, Miami, for appellees/cross-appellants.

Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.


PER CURIAM.

Contrary to the ruling of the trial court, we are of the view that Section 90.956, Florida Statutes (1983),1 applies not only to a written summary which a party intends to offer in evidence, but also to a summary which, as in the present case, is offered through the testimony of a witness. We nonetheless affirm the trial court's decision to admit the summary testimony because the record reflects that the written summary to...

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