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The Appellate Strategist

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Category Archives: Florida

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Florida Supreme Court to Determine Whether Property Owners Can Sue for Damages Under Florida’s Harris Act When No Law Has Been Enacted That Applies Directly to the Owners’ Property

Posted in Florida
On May 22, 2015, the Florida Supreme Court accepted review of a First District en banc decision that certified that following as a question of great public importance: May a property owner maintain an action pursuant to the [Bert J. Harris, Jr., Private Property Rights Protection Act] if that owner has not had a law,… Continue Reading

Florida High Court to Decide Two Cases Involving Arbitration Agreements

Posted in Florida
Two cases are currently pending in the Florida Supreme Court regarding whether the arbitration agreements at issue in the cases are enforceable. Hernandez v. Crespo (No. SC15-67) In this case, the Court must decide whether an arbitration agreement violates the public policy pronounced by the Florida Legislature in the Medical Malpractice Act, chapter 766, Florida… Continue Reading

Florida Supreme Court Considers Agency Review Requirements for Involuntary Admission of Developmentally Disabled Individuals to Residential Services

Posted in Florida
On May 14, 2015, the Florida Supreme Court answered the following two questions in the negative, which were certified to it by the Eleventh Circuit Court of Appeals: Does “support plan” review under Fla. Stat. § 393.0651 require the Agency for Persons with Disabilities to consider the propriety of a continued involuntary admission to residential… Continue Reading

Florida High Court Holds That Oral Agreement to Split Lottery Winnings Falls Outside Statute of Frauds

Posted in Florida
(updates article posted on August 4, 2014) On May 28, 2015, the Florida Supreme Court answered the following rephrased certified question in the negative: Is a terminable-at-will agreement to pool lottery winnings unenforceable in the absence of an express agreement to continue the agreement for a period of time exceeding one year, when full performance… Continue Reading

Florida Supreme Court Reaffirms Need to Object to Inconsistent Verdict Before Jury Is Discharged

Posted in Florida
(updates article posted on Aug. 19, 2014) On May 14, 2015 the Supreme Court of Florida rejected the “fundamental nature” exception with regard to objecting to an inconsistent verdict in products liability cases and announced that “a timely objection is required to an inconsistent verdict in all civil cases.”  See Coba v. Tricam Indus., Inc.,… Continue Reading

Florida High Court Finds State Insurer Immune From Statutory Bad Faith Claims

Posted in Florida
(updates article posted on Oct. 31, 2014) After its property was damaged by a hurricane, Perdido Sun Condominium Association filed an insurance claim with Citizens Property Insurance Corp., a state-created entity that provides property insurance.  Perdido Sun was not satisfied with the amount of Citizens’ eventual payment on the claim and sued for breach of… Continue Reading

Florida High Court to Examine the Scope of a Psychotherapist’s Legal Duty to Prevent an Outpatient’s Suicide

Posted in Florida
The Florida Supreme Court has accepted review of Granicz v. Chirillo, 147 So. 3d 544 (Fla. 2d DCA 2014), where the Second District reversed a summary judgment in favor of a psychotherapist, finding that plaintiff’s expert testimony established that the psychotherapist owed a legal duty to prevent his outpatient’s suicide.  See Chirillo v. Granicz, No.… Continue Reading

Florida High Court Set to Clarify When an Insured Is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole Claim

Posted in Florida
On April 15, 2015, the Florida Supreme Court accepted review of Omega Insurance Co. v. Johnson, No. 5D13-1701, 2014 WL 4375189 (Fla. 5th DCA Sept. 5, 2014), which found that an insured was not entitled to an award of attorneys’ fees under section 627.428, Florida Statutes and the confession of judgment doctrine based on an… Continue Reading

Florida High Court Overturns Summary Judgment for Defendant School Board, Deciding it Owed Common Law Duty to Student Athlete

Posted in Florida
On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. 3d 901 (Fla. 2d DCA 2013), and held that the school district owed a common law duty to supervise a student athlete who collapsed during a high school soccer… Continue Reading

Florida High Court Rules that Exculpatory Clauses Need Not Reference Negligence to Bar Negligence Claims

Posted in Florida
On February 12, 2015, the Florida Supreme Court affirmed the Fifth District Court of Appeal’s decision in Sanislo v. Give Kids the World, Inc., 98 So. 3d 759 (Fla. 5th DCA 2012) and held that an exculpatory clause was effective to bar a negligence action, despite the absence of express language in the clause releasing… Continue Reading

Florida Appellate Court Blocks Discovery of Communications Between Insured and Insurer-Retained Defense Counsel in Third-Party Bad Faith Action

Posted in Florida
On September 5, 2014, the Fifth District Court of Appeal issued its en banc decision in Boozer v. Stalley, 146 So. 3d 139 (Fla. 5th DCA 2014), holding that in a third-party bad faith action, the attorney-client privilege precludes discovery of confidential communications between the insured and counsel retained by the insurer to represent the… Continue Reading

Florida High Court Declares That Contract Legality Is Not Reviewable On A Motion to Vacate An Arbitral Award

Posted in Florida
  On November 6, 2014, the Florida Supreme Court resolved a conflict among the Fourth and Fifth District Courts of Appeal by holding that a court is not required to determine whether a contract is legal before enforcing an arbitral award based on the contract.  See Visiting Nurse Ass’n of Fla., Inc. v. Jupiter Med.… Continue Reading

Florida High Court to Decide Duties Owed by Public School Regarding Automated External Defibrillator

Posted in Florida
On October 6, 2014, the Florida Supreme Court heard oral argument in a case involving whether a public school owes a duty to maintain, make available, and use an automated external defibrillator (AED) on a student athlete who collapses during a school-sanctioned athletic competition.  See Limones v. School Board of Lee County, No. SC13-932.  The… Continue Reading

Florida High Court To Decide Whether State Insurer Is Immune From Statutory Bad Faith Claims

Posted in Florida
The Florida Supreme Court has accepted for review a First District decision holding that Florida’s state insurer of last resort, Citizens Property Insurance Corporation, is not immune from a statutory bad faith failure to settle claim.  See Citizens Prop. Ins. Corp. v. Perdido Sun Condo. Ass’n, No. SC14-185.  To view the First District’s opinion, click… Continue Reading

Florida High Court to Decide If Party Must Object to a Fundamentally Inconsistent Verdict to Preserve Issue

Posted in Florida
VERDICT FORM We, the jury, return the following verdict: 1. Did Defendants place the product      on the market with a design defect,     which was a legal cause of the     decedent’s death?     YES _______ NO X 2.  Was there negligence on the part of      Defendants which was a legal cause of      decedent’s… Continue Reading

Florida High Court to Decide Whether Statute of Frauds Applies to Oral Agreement to Split Lottery Winnings

Posted in Florida
          On June 20, 2014, the Florida Supreme Court accepted review of a Fifth District decision that certified the following question of great public importance: Is an oral agreement to play the lottery and split the proceeds in the event a winning ticket is purchased unenforceable under the statute of frauds when: there is… Continue Reading

Florida Supreme Court Strikes Down Red Light Ordinances as Preempted by State Law

Posted in Florida
On June 12, 2014, the Florida Supreme Court decided two cases that involved whether municipal ordinances imposing penalties for red light violations detected by devices using cameras were invalid because they were preempted by state law. See Mason v. City of Aventura, No. SC12-644; City of Orlando v. Udowychenko, No. SC12-1471. At issue in the cases was… Continue Reading