FUSSELL v. STATE (2020)

District Court of Appeal of Florida, Third District.

Gregory FUSSELL, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-643

Decided: October 14, 2020

Before EMAS, C.J., and LOGUE and HENDON, JJ.

Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Affirmed. See Fla. R. Civ. P. 1.330(d)(4) (“Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, or otherwise dealt with by the officer under rules 1.310 and 1.320 are waived unless a motion to suppress the deposition or some part of it is made with reasonable promptness after the defect is, or with due diligence might have been, discovered.”); Motel 6, Inc. v. Dowling, 595 So. 2d 260, 262 (Fla. 1st DCA 1992) (“The obvious purpose of the rule is to allow the court to conduct a hearing regarding any irregularities before trial so that they might be corrected or otherwise allayed.”) (emphasis in original).

PER CURIAM.

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