Andreu v. Citicorp Savings of Florida

I respectfully dissent.

In my view, Mr. Flatow’s bare allegations of a loss of cash from his safe deposit box and his speculations as to how that loss occurred are not relevant to the Andreus’ claim that items disappeared from their safe deposit box. The proffered evidence does not tend to “prove or disprove a material fact.” Section 90.401, Fla.Stat. (1989). Although the court characterizes the proffered evidence as “evidence of a similar theft,” the record reveals that the Andreus sought to admit mere opinion, speculation, and unproven allegations. The proffered evidence consists of a…