Annis v. First Union National Bank of Florida

ON MOTION FOR REHEARING

In their motion for rehearing, appellees argue that although the proffered deposition testimony of Porter would have been admissible during the appellants’ case-in-chief, it was not admissible for purposes of impeachment during rebuttal, absent the foundation required by Section 90.614(2), Florida Statutes, which provides:(2) Extrinsic evidence of a prior inconsistent statement by a witness is inadmissible unless the witness is first afforded an opportunity to explain or deny the prior statement and the opposing party is afforded an opportunity to interrogate him on it,…