Petition to determine homestead. Trial court erred in by allowing telephonic testimony from foreign country without notary to administer oath and one party objected. ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
Golden & Cowan v. Estate of Kosofsky, 45 So. 3d 986 (Fla. 3d DCA 2010)
Under Florida Rule of Judicial Administration 2.530(d)(1), a judge may, if all parties consent, allow the use of telephonic testimony. Although the court considered the inconvenience of making Philip Gilbert travel from Israel to testify over a single asset, the trial court’s introduction of the telephonic testimony was improper in light of the objection Golden & Cowan raised. However, the improper introduction of the telephonic testimony constituted harmless error due to the existence of other independent evidence which would have led the trial court to reach the same conclusion.
Case Impression: No phone harm, no foul.
