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HALL v. UNITED INS. CO. OF AMERICA

No. 03-14527.

367 F.3d 1255 (2004)

Odessa Dee HALL, as personal representative of the estate of Agnes Patterson, Plaintiff-Appellant, v. UNITED INSURANCE COMPANY OF AMERICA, United Insurance Company of America, Employee Benefit or Welfare Plan on behalf of Teledyne Brown Employees, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 30, 2004.

Attorney(s) appearing for the Case

S. Mitchell Howie, Samuel T. Russell, Sirote & Permutt, P.C., Huntsville, AL, for Plaintiff-Appellant.

Kevin E. Clark, William H. Brooks, Lightfoot, Franklin & White, LLC, Birmingham, AL, for Defendants-Appellees.

Before BIRCH, MARCUS and BRUNETTI, Circuit Judges.

BIRCH, Circuit Judge:

The novel issue presented in this appeal involves the interplay between two Federal Rules of Evidence: 901(b)(2), which allows non-expert opinion testimony about the genuineness of handwriting evidence based on sufficient familiarity, and 701, which allows lay opinion testimony that is rationally based on personal perceptions. Plaintiff-appellant, Odessa Dee Hall ("Hall"), filed an affidavit stating that a signature on a document purporting to...

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