1/5 "There was not competent, substantial evidence legally sufficient to support the RPO. Hearsay is not competent evidence. Klemple v. Gagliano, 197 So. 3d 1283, 1286 (Fla. 4th DCA 2016) Unsworn factual allegations, such as Det. Silberberg’s “affidavit” containing only (cont)
2/5 Third-party allegations, are not competent evidence. See, e.g., Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423
So. 2d 1015, 1016-7 (Fla. 4th DCA 1982) non-record evidence is not competent, substantial evidence. See Coe, 39 So. 3d at 545-6. #hearsay
So. 2d 1015, 1016-7 (Fla. 4th DCA 1982) non-record evidence is not competent, substantial evidence. See Coe, 39 So. 3d at 545-6. #hearsay
3/5The trial court’s findings also cited the affidavit of Deputy Silberberg, which the trial court erroneously admitted into evidence on the basis of § 790.401(3)(d), Fla. Stat. Appellant objected (R. 316.):
4/5
Court: Any objection?
OEK: What’s the sworn statement?
LATTA It’s part of your petition. It’s the affidavit.
COURT: It’s Detective Silverberg’s [sic] statement that he made originally in October.
OEK: Yeah. It’s grossly inaccurate but you can – I mean –
Court: Any objection?
OEK: What’s the sworn statement?
LATTA It’s part of your petition. It’s the affidavit.
COURT: It’s Detective Silverberg’s [sic] statement that he made originally in October.
OEK: Yeah. It’s grossly inaccurate but you can – I mean –
The court never addresses Appellant’s objection. (R. 316.) The affidavit was entered into evidence nonetheless. (R. 72-77, 316.)
The allegations were a joke- they had 40 SWAT team members jump me taking out the trash - admitted to weeks of surveillance. This was to shut me up.
The allegations were a joke- they had 40 SWAT team members jump me taking out the trash - admitted to weeks of surveillance. This was to shut me up.
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