STATE OF FLORIDA DEPARTMENT OF ELDER AFFAIRS DEPARTMENT OF ELDER AFFAIRS, DOAH Case No.: 18-081 1 OFFICE OF PUBLIC AND PROFESSIONAL GUARDIANS VS. Petitioner, ELIZABETH SELDEN SAVITT Respondent. MOTION IN LIMINE Comes now the Respondent, Elizabeth S. Savitt, by and through her undersigned counsel, and ?les this Motion In Limine, requesting that this Honorable Court, rule in advance of the ?nal hearing to exclude and not allow the admission into evidence of the followings documents listed on Petitioner's exhibit list: 1. Investigation Report from the Clerk of Palm Beach County, Division of Inspector General, authored by Anthony Palmieri, Deputy Inspector General and Investigator(hereinafter referred to as the Report. Certain documents which identi?ed the Report referred to above as 1. Argument The above Report was prepared by an investigator of the Clerk's of?ce; namely, Anthony Palmieri, who is listed on Petitioner's witness list as a lay or fact witness and not an expert witness. The Report is subject to a Con?dentiality Order of this Court but has been displayed to Respondent and her counsel in order to conduct discovery. The Report is inadmissible under Florida's Evidence Code, Chapter 90. The Report contains hearsay, inadmissible opinions of the author and others who are not witnesses, and statements and conclusions that are highly objectionable throughout. The Report is not a business record or a public record as an exception to hearsay. Filed August 31, 2018 8:00 AM Division of Administrative Hearings 7. It is prejudicial to admit a Report, the contents of which would not be admissible upon live testimony of the declarant. 8. According to Petitioner, the investigator/author of the Report will be testifying at the ?nal hearing and it would be improper allow his Report in evidence when its contents would not be admissible as statements or opinions from the witness stand. 9. Investigation reports are generally inadmissible. Carter State 951 So. 2d 939 (4DCA 2007) 10. It also would not qualify as an exception to hearsay as a business or public record which, to be admissible as an exception to hearsay, must be limited to a description of the activities of the agency or public of?ce. Philip Morris USA Pillari 228 So. 3d 115 (4DCA 2017). As a result of the foregoing, it would be highly improper to admit the Report and any documents identi?ed therein that lack a proper basis for admission into evidence. Accordingly, the Respondent respectfully requests that this Honorable Court grant this Motion and the relief requested herein. Respectfully Submitted, By: ELDER LAW ASSOCIATES PA Counsel for the Respondent 7284 W. Palmetto Park Road, Suite 101 Boca Raton, FL 33433 Telephone: (561) 750-3850 Fax: (561) 750-4069 E-Mail: emonis@elderlawassociates.com Secondary E-Mail: dsans@elderlawassociates.com ail: 1rubin@elderlawassociates.com ELLEN s. WRRIS, ESQ. Florida Bar No. 850306 1 2H 8' CERTIFICATE OF SERVICE I hereby certify that the foregoing was served on this a day of ?7.22? {jjr?l?l/ 20l8 t0 the Department of Elder Affairs, Of?ce of Public and Professional Guardians via email to Carol A. Berkowitz and Michael MeKeon at mekeomn?belderaffairs.org. ESQ- Florida Ba No. 850306 533/