In Johnson v. Omega Insurance Co., 200 So. 3d 1207 (Fla. 2016), the Florida Supreme Court held that an insured was entitled to an award of attorneys’ fees under section 627.428, Florida Statutes and the confession of judgment doctrine based on an insurer’s post-suit tender of policy benefits for a sinkhole claim after the insurer … Continue Reading
On February 16, 2017, the Florida Supreme Court declined to adopt the Daubert standard for the admissibility of expert evidence into the Florida Evidence Code to the extent it is procedural in nature. See In re Amends. to the Fla. Evid. Code, No. SC16-181, 2017 WL 633770 (Fla. Feb. 16, 2017). To read the full … Continue Reading
The Florida Supreme Court will review the First District’s decision in Green v. Cottrell, 172 So. 3d 1009 (Fla. 1st DCA 2015), which certified the following question of great public importance: Which statute of limitations, whether one- or four-year, should be applied to actions brought by a prisoner relating to the conditions of his confinement? … Continue Reading
The Florida Supreme Court will review the Fifth District’s decision in LeDoux-Nottingham v. Downs, 163 So. 3d 560 (Fla. 5th DCA 2015), which involves whether the Full Faith & Credit Clause trumps Florida’s overriding public policy of a guaranteed fundamental right of privacy in child-rearing autonomy. See SC15-1037. After the funeral of her ex-husband in … Continue Reading
On May 15, 2015, in Worley v. Central Florida Young Men’s Christian Ass’n, 163 So. 3d 1240 (Fla. 5th DCA 2015), Florida’s Fifth District Court of Appeal held that information regarding a law firm’s referral of its client to a physician was discoverable. Briefing of this case in the Florida Supreme Court was completed on … Continue Reading
This post updates the blog post dated May 13, 2015. On March 17, 2016, the Florida Supreme Court decided Santiago v. Mauna Loa Investments, LLC, No. SC13-2194 (review granted May 22, 2014), by quashing the Third District’s decision which improperly considered documents outside the complaint in determining the complaint’s sufficiency to state a cause of … Continue Reading
The Florida Supreme Court will review two district court cases that apply the relation-back doctrine (when an amended pleading relates back to an original pleading) and decide whether the doctrine applies to new causes of action. See Palm Bch. Cnty. Sch. Bd. v. Doe, No. SC13-1834; Kopel v. Kopel, SC13-992. The doctrine can be found … Continue Reading
The Florida Supreme Court will resolve a conflict between the Third and Fourth Districts regarding whether the litigation privilege can be used to bar a claim for malicious prosecution. See No. SC15-1477. In the case before the Court, the Fourth District held that “the litigation privilege cannot be applied to bar the filing of a … Continue Reading
The Florida Supreme Court has accepted review of Searcy Denney Scarola Barnhart & Shipley, P.A. v. State, No. 4D13-3497, 2015 WL 4269031 (Fla. 4th DCA July 15, 2015), which will require it to decide whether a claims bill* that awarded $15 million to a minor plaintiff, but limited attorneys’ fees to $100,000, when the law … Continue Reading
The Florida Supreme Court will review the First District’s decision in Borden Dairy Co. of Alabama, LLC v. Kuhajda, 171 So. 2d 242 (Fla. 1st DCA Aug. 14, 2015), which certified conflict with the Fourth District’s decision in Bennett v. American Learning Systems of Boca Delray, Inc., 857 So. 2d 986 (Fla. 4th DCA 2003). … Continue Reading
On December 2, 2015, the Second District Court of Appeal, in Panzera v. O’Neal (Case No. 2D14-4302), held that the plaintiffs did not present any admissible evidence to support their negligence claim against the defendant-truck driver and his employer or to refute the conclusion that the decedent-pedestrian caused the highway collision. Accordingly, the court affirmed … Continue Reading
On June 24, 2015, Florida’s Third District Court of Appeal reversed a decision by an Eleventh Judicial Circuit Court judge that the “exclusive remedy” provision contained in Florida’s Workers’ Compensation Act is unconstitutional because it does not provide a reasonable alternative remedy to the tort remedy it supplanted. In The State of Florida v. Florida … Continue Reading
The Florida Supreme Court has accepted review of a Fourth District Court of Appeal decision which certified the following question of great public importance: Where a prenuptial agreement provides that neither spouse will ever claim any interest in the other’s property, states that each spouse shall be the sole owner of property purchased or acquired … Continue Reading
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
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
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
(updates article posted on October 31, 2013) In Miles v. Weingrad, No. SC13-54, the Florida Supreme Court held that the medical malpractice cap on non-economic damages found in Chapter 766, Florida Statutes cannot be applied retroactively. To read the opinion, please click here. With respect to the underlying facts, Kimberly Ann Miles sought a second … Continue Reading
(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
(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
(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
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
On April 9, 2015, the Florida Supreme Court held oral argument on Santiago v. Mauna Loa Investments, LLC, No. SC13-2194 (review granted May 22, 2014), which will require the Court to clarify the scope of a trial court’s review of an allegedly deficient complaint when determining whether to set aside a default judgment. Anamaria Santiago … Continue Reading
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
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