Civil Procedure
Statute of Frauds – Arbitration. Question Certified: Does section 95.011, Florida Statutes apply to arbitration when the parties have not expressly included a provision in their arbitration agreement stating that it is applicable? Raymond James Fin. Servs., Inc. v. Phillips, No. SC11-2513 (review granted January 27, 2012). DCA decision: 2011 WL 5555691, 36 Fla. L. Weekly D2479a (Fla. 2d DCA Nov. 16, 2011). Status: briefing, Oral Argument to be set by separate order.
Negligence – Duty to Inspect --- New Trial. Did the trial court abuse its discretion in granting a new trial on the basis that the jury verdict in favor of defendant was contrary to the manifest weight of the evidence where review of the record reveals substantial conflicting evidence concerning reasonableness of the defendant’s inspection of a backhoe loader and its breaking system? Did trial court abuse its discretion in granting new trial based on defense counsel’s references to the exculpatory language in the consumer service agreement during closing arguments where plaintiff failed to object or move for a mistrial and where argument failed to rise to the level of fundamental error because the argument was not improper, harmful, incurable or damaging? Rosier v. Ring Power Corp., No. SC11-1641 (review granted March 23, 2012). DCA decision: 67 So. 3d 1115 (Fla. 1st DCA 2011). Status: briefing; Oral Argument to be set by separate order.
Medical Malpractice – Limitation of Actions. Is a complaint untimely filed when the plaintiff has purchased a 90-day extension of the statute of limitations pursuant to § 766.104(2), Fla. Stat., and when negotiations are cut off with less than 60 days remaining of the statute of limitations, but the complaint is not filed until 78 days later? Patrick v. Gatien, SC11-1466 (review granted Feb. 7, 2012). DCA decision: 65 So. 3d 42 (Fla. 1st DCA 2011). Status: briefing; Oral Argument to be set by separate order.
Discovery of Corporate Financial Documents: Whether a corporation seeking damages relating to the purchase of state-owned real estate and suing for negligent misrepresentation, fraud in the inducement, unjust enrichment and reformation of a purchase contract can be compelled to produce corporate financial records dating several years after the purchase date in question. Am. Educ. Enters., LLC v. Bd. of Trs. of the Int’l Improvement Trust Fund, No. SC10-2251 (review granted June 28, 2011). DCA decision: 45 So. 3d 941 (Fla. 3d DCA 2010). Status: decision pending; Oral Argument Video.
