Saleeby v. Rocky Elson Construction, Inc.

I dissent from the majority’s decision to quash the Fourth District Court of Appeal’s decision. For the reasons explained below, I would hold that the evidence concerning A-l’s prior status as a party defendant was properly admitted by the trial court. I would also hold that although the trial court erred in admitting evidence concerning the settlement, this error was harmless.

Evidence of A-l’s prior status as a defendant was admissible to attack the credibility of John Herring by showing that he was biased. Section 90.608(2), Florida Statutes (2006), expressly authorizes the introduction of…