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Blog Posts in 2018

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  • Florida Third DCA affirms trial court's denial of prevailing defendant's motion for attorney's fees
    Florida Third DCA affirms trial court's denial of prevailing defendant's motion for attorney's fees

    On November 21, 2018, in Starboard Cruise Services, Inc. v. DePrince, No. 3D16-2009, the Florida Third DCA affirmed a trial court’s denial of the prevailing defendant’s motion for attorney’s fees. The ...

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  • Florida Second DCA reverses trial court order setting aside default judgment against defendant, finds that defendant failed to prove excusable neglect for not filing answer to complaint
    Florida Second DCA reverses trial court order setting aside default judgment against defendant, finds that defendant failed to prove excusable neglect for not filing answer to complaint

    On November 14, 2018, in Chernoff Diamond & Co. v. Gallin , No. 2D18-1891, the Florida Second DCA reversed the trial court’s order setting aside a default judgment against the defendant, concluding ...

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  • Florida Second DCA reverses trial court dismissal of Engle progeny tobacco case, remands for hearing on whether plaintiff received a copy of court's lack of prosecution notice
    Florida Second DCA reverses trial court dismissal of Engle progeny tobacco case, remands for hearing on whether plaintiff received a copy of court's lack of prosecution notice

    On November 14, 2018, in Purdue v. R.J. Reynolds Tobacco Company, et al., No. 2D18-333, the Florida Second DCA reversed the trial court’s dismissal of an Engle progeny tobacco case and remanded the ...

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  • Florida Fifth DCA affirms trial court's dismissal of plaintiff's claim brought under Florida Whistleblower's Act
    Florida Fifth DCA affirms trial court's dismissal of plaintiff's claim brought under Florida Whistleblower's Act

    On November 16, 2018, in Griffin v. Deloach , Case No. 5D17-2449, the Florida Fifth DCA affirmed the trial court’s dismissal of a plaintiff’s claim brought under Florida Whistleblower’s Act, ...

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  • Florida Fourth DCA rules that trial court's additur was improper where jury award of damages was not unreasonably inadequate
    Florida Fourth DCA rules that trial court's additur was improper where jury award of damages was not unreasonably inadequate

    On October 3, 2018, in Pogue v. Garib , No. 4D17-2638, the Florida Fourth DCA reversed a trial court’s additur order in a motor vehicle negligence case. At trial, the jury returned a verdict finding ...

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  • Florida Third DCA withdraws previous opinion, holds that joint proposal for settlement was fatally ambiguous
    Florida Third DCA withdraws previous opinion, holds that joint proposal for settlement was fatally ambiguous

    On October 3, 2018, in Atlantic Civil, Inc. v. Swift, No. 3D15-1594, the Florida Third DCA withdraw it prior opinion, which had held that a proposal for settlement was valid and enforceable, and ...

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