Resolving an express conflict between the District Courts of Appeal, the Florida Supreme Court held that when a party objects to instances of attorney misconduct during trial, and the objection is sustained, the party must also timely move for a mistrial in order to preserve the issue for a trial court’s review of a motion … Continue Reading
Conditional settlement agreements between a plaintiff and a codefendant are nothing new. But when such an agreement is premised on the notion that the “settling” codefendant will continue to defend itself at trial, diminishing its own liability proportionately by increasing the liability of the other codefendants, it is against public policy. The term “Mary Carter … Continue Reading
The Florida Supreme Court has adopted mediation rules for all appellate courts, including circuit courts acting in their appellate capacity, district courts of appeal and the Supreme Court of Florida. Under the new rules(.pdf), the appellate court, on its own motion or that of a party, may refer a case to mediation at any time. … Continue Reading
The Supreme Court of Florida, answering a question certified by the Eleventh Circuit Court of Appeals, recently held that posting defamatory material on a website about a Florida resident does constitute the commission of a tortious act within Florida for purposes of the State’s long-arm statute, section 48.193(1)(b), Florida Statutes, if the material on the … Continue Reading
The Florida Supreme Court recently decided, in a case of first impression, that a cause of action for third-party bad faith against an indemnity insurer cannot be maintained when the insurer’s actions were not a cause of the damages to the insured or when the insurer’s actions never resulted in exposure to liability in excess … Continue Reading
An appellate court in Florida granted certiorari and quashed a lower court’s order requiring the Plaintiff to submit to a compulsory medical examination in the presence of a videographer hired by the Defendant. In Prince v. Mallari (.pdf), Defendant served a notice of compulsory medical examination to be performed by a defense-retained physician. The notice … Continue Reading
Insurance brokers in Florida can now be liable to insurance companies which suffer a loss as a result of the broker’s own fraud or negligence in providing information in an application material to the issuance of a policy. An appellate court in Florida has issued an opinion applying section 552 of the Restatement (Second) of … Continue Reading
UPDATED THROUGH March 30, 2017 Medical Malpractice – Presuit Requirements. [1] Is a trial court’s determination that a plaintiffs’ corroborating presuit expert does not meet the statutory requirements reviewed for an abuse of discretion or under a de novo standard of review? [2] In analyzing purported presuit discovery violations, is an appellate court required to … Continue Reading
UPDATED THROUGH March 30, 2017 Foreclosure – Statute of Limitations. Certified Conflict: Can a foreclosure action, which is governed by a five-year statute of limitations, be based on payment defaults older than five years when the complaint alleges that the borrower was in a continuing state of default? Bollettieri Resort Villas Condo. Ass’n v. The … Continue Reading
UPDATED THROUGH March 30, 2017 Meaning of “Suit” in CGL Policies – Chapter 558 Notices. Question Certified by the Eleventh Circuit Court of Appeals: “Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a ‘suit’ within the meaning of the CGL policies issued by C&F to ACI?” Altman Contractors, … Continue Reading
UPDATED THROUGH March 30, 2017 Ad Valorem Tax Exemption – City Marina. Certified Question: In light of Florida Department of Revenue v. City of Gainesville, 918 So. 2d 250 (Fla. 2005), does a municipally owned and operated marina still qualify as a traditionally exempt “municipal or public purpose” under Article VII, Section 3(a) of the … Continue Reading
UPDATED THROUGH March 30, 2017 Right to Marry – Ward. Certified Question: Where the fundamental right to marry has not been removed from a ward under section 744.3215(2)(a), Florida Statutes, does the statute require the ward to obtain approval from the court prior to exercising the right to marry, without which approval the marriage is … Continue Reading
UPDATED THROUGH March 10, 2017 Non-Compete Covenants – Referral Sources. Certified Conflict: Are referral sources for patients in the health care industry “legitimate business interests” protectable by employers through non-compete covenants pursuant to section 542.335, Florida Statutes? Americare Home Therapy, Inc. v. Hiles, No. SC16-400 (review granted July 8, 2016). DCA decision: 183 So. 3d … Continue Reading
UPDATED THROUGH March 30, 2017 Proposal for Settlement – Time for Rejection. Conflict Certified: Does the filing of a motion to enlarge the time to accept a proposal for settlement toll the 30-day period provided for in Rule 1.442(f)(1) for accepting a proposal? Koppel v. Ochoa, No. SC16-1474 (review granted Nov. 9, 2016). DCA decision: … Continue Reading
UPDATED AS OF March 30, 2015 There are no cases to report on at this time.… Continue Reading
UPDATED THROUGH March 10, 2017 57.105 Fees – Actions Under § 784.046. Conflict Certified: Is an award of attorneys’ fees pursuant to § 57.105 allowed in an action under § 784.046 [injunction for protection against violence]? Lopez v. Hall, No. SC16-1921 (review granted Jan. 23, 2017). DCA decision: No. 1D15-0531, 2016 WL4036093 (Fla. 1st DCA … Continue Reading
UPDATED THROUGH March 30, 2017… Continue Reading
UPDATED THROUGH June 22, 2015… Continue Reading
