The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.38

92.38 Comparison of disputed writings.—Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by the witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the jury, or to the court in case of a trial by the court, as evidence of the genuineness, or otherwise, of the writing in dispute.

History.—s. 55, ch. 1096, 1861; RS 1121; GS 1539; RGS 2739; CGL 4411.

Note.—Former s. 90.20.

F.S. 92.38 on Google Scholar

F.S. 92.38 on Casetext

Amendments to 92.38

Arrestable Offenses / Crimes under Fla. Stat. 92.38

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.38.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WELLS FARGO BANK, N. A. v. M. RUTLEDGE s, 148 So. 3d 533 (Fla. Dist. Ct. App. 2014)

. . . See § 92.38, Fla. . . .

PROCTOR, v. STATE, 97 So. 3d 313 (Fla. Dist. Ct. App. 2012)

. . . (explaining that section 92.38, Florida Statutes, which allows jury comparison of disputed writing with . . .

SANCHEZ, v. MONDY, 936 So. 2d 35 (Fla. Dist. Ct. App. 2006)

. . . writings were properly made, the harsh rule of the common law was abolished by what is now section 92.38 . . . Section 92.38 provides: Comparison of a disputed writing with any writing proved to the satisfaction . . .

UNITED STATES v. F. ABBOUD, 438 F.3d 554 (6th Cir. 2006)

. . . The fact that the banks allowed one day of float on the accounts does not change the fact that 92.38% . . .

L. v., 100 T.C. 457 (T.C. 1993)

. . . increases since 1986 Hourly rate January 1991 22.8 $92.11 February 1991 23.0 92.24 March 1991 23.2 92.38 . . .

GRAHAM, v. STATE, 505 So. 2d 1102 (Fla. Dist. Ct. App. 1987)

. . . See section 92.38, Florida Statutes (1985). ANSTEAD, LETTS and GLICKSTEIN, JJ., concur. . . .

FLORIDA KEYS BOYS CLUB, INC. v. C. PELEKIS, 327 So. 2d 804 (Fla. Dist. Ct. App. 1976)

. . . . § 92.38. . . .

PATE, v. F. MELLEN,, 275 So. 2d 562 (Fla. Dist. Ct. App. 1972)

. . . . § 92.38, F. . . .

J. SIMMONS, v. STATE, 248 So. 2d 229 (Fla. Dist. Ct. App. 1971)

. . . The basis for our conclusion begins with Section 92.38, Florida Statutes, F.S.A., which has been restricted . . . by case law in its application and provides: 92.38 Comparison of Disputed Writings. — Comparison of . . . Frankel, Fla.App.1959, 111 So.2d 99, 72 A.L.R.2d 1270, one facet of the construction of Section 92.38 . . .

O. WINDLE, P. P. v. SEBOLD, 241 So. 2d 165 (Fla. Dist. Ct. App. 1970)

. . . On the basis of these proven standards and pursuant to Section 92.38, F.S.1967, F.S.A., a Mr. . . . Other aspects of the common law principle have been abrogated by statute (now Section 92.38, F.S.1969 . . .

PATE, v. F. MELLEN,, 237 So. 2d 266 (Fla. Dist. Ct. App. 1970)

. . . . § 92.38, F.S.A. . . .

ALDRIDGE, v. STATE, 220 So. 2d 431 (Fla. Dist. Ct. App. 1969)

. . . record reveals that the comparison testimony was received in compliance with the requirements of § 92.38 . . .

BARBON, v. STATE, 207 So. 2d 696 (Fla. Dist. Ct. App. 1968)

. . . an enabling statute (Laws of Florida 1861, Ch. 1096, § 55, which as carried forward now appears as § 92.38 . . .