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    • Florida Fourth DCA vacates medical negligence arbitration award that included damages for loss of companionship and guidance as economic damages not subject to cap on non-economic damages

      On April 4, 2018, in Plantation General Hospital Limited Partnership v. Division of Administrative Hearings , et al, No. 4D16-2652, the Florida Fourth DCA reversed an arbitration award of economic ...

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    • Florida Fourth DCA affirms trial court's denial of motion to vacate arbitration award; no actual arbitrator bias shown where arbitrator had no knowledge of conflict of interest

      On October 4, 2017, in Managed Care Insurance Consultants v. United Healthcare Insurance Company , No. 4D16-2767, the Florida Fourth DCA issued a substituted and clarified opinion affirming a trial ...

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    • Florida Fourth DCA rules that nursing home's arbitration agreement was not proceduraly unconscionable despite being executed 34 days after patient's admission

      On July 5, 2017, in FI-Pompano Rehab, LLC v. Irving , No. 4D16-3121, the Florida Fourth DCA reversed a trial court’s non-final order denying a nursing home’s motion to compel arbitration of a ...

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    • Florida Fifth DCA reverses trial court's dismissal of plaintiffs' bad faith lawsuit against home insurer, finds that insurer's payment of policy limits established liability and damages

      On March 29, 2018, in Demase v. State Farm Florida Insurance Company , No. 5D16-2390, the Florida Fifth DCA reversed a trial court’s dismissal of plaintiff homeowners’ first-party bad faith case ...

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    • Florida Fifth DCA quashes trial court order compelling UIM insurer in bad faith case to produce discovery subject to claimed work product and attorney-client privileges

      On January 12, 2018, in State Farm v. Knapp , Case No. 5D17-447, the Florida Fifth DCA quashed a trial court order compelling a defendant UIM insurer in a bad faith case to produce discovery subject ...

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    • Florida Third DCA rules that dismissal rather than abatement is required for third-party bad faith claim filed prematurely before settlement or verdict obtained against insured driver

      On January 3, 2018, in GEICO v. Martinez , No. 3D17-1086, the Florida Third DCA reversed a trial court’s order granting a plaintiff’s motion to amend her complaint against the alleged at-fault driver ...

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    • Florida Second DCA rules that trial court erred in not applying "manifest weight of the evidence" standard to consideration of the plaintiff's motion for a new trial

      On July 13, 2018, in Meyers v. Shontz , No. 2D17-1681, the Florida Second DCA reversed a trial court’s order granting a new trial to the plaintiff in a motor vehicle negligence case and remanded for ...

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    • Florida Third DCA rules that defendant waived work-product and attorney-client privileges by failing to file a privilege log with objections to subpoena as required by Fla. R. Civ. P. 1.280(b)(5)

      On July 5, 2018, in GKK v. Cruz , No. 3D18-560, the Florida Third DCA ruled that the defendant in a premises liability slip and fall negligence case waived work-product and attorney-client privileges ...

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    • Florida Third DCA analyzes Florida law re permissible voir dire questions and admissibility of excited utterances and dying declarations

      On July 5, 2018, in George v. State of Florida , No. 3D16-423, a criminal case, the Florida Third DCA considered several procedural and evidentiary issues that have a broader applicability to civil ...

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    • Eleventh Circuit rules that police offers were entitled to qualified immunity from claims of false arrest and use of excessive force in traffic stop civil rights case

      On June 4, 2018, in Manners v. Cannella , No. 17-10088, the Eleventh Circuit Court of Appeals affirmed a trial court’s ruling granting summary judgment to the defendant police officers in a civil ...

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    • Eleventh Circuit Court of Appeals affirms trial court ruling that deputy was not entitled to qualified immunity from lawsuit alleging wrongful seizure of accident bystander's cell phone

      On April 2, 2018, in Crocker v. Beatty , No. 2L16-cv-14162, the Eleventh Circuit Court of Appeals affirmed a trial court’s ruling that a deputy sheriff was not entitled to qualified immunity in a ...

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    • Eleventh Circuit reverses district court, finds that arresting officers were entitled to qualified immunity in civil rights case for arresting protester wearing Guy Fawkes mask

      On March 13, 2018, in Gates v. Khokar , No. 16-15118, the Eleventh Circuit Court of Appeals reversed the district court’s denial of the defendant police officers’ motion to dismiss plaintiff’s 42 ...

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    • Florida Second DCA reverses trial court's approval of class action settlement in shareholder disclosure lawsuit for failure to assess value of settlement's supplemental disclosures

      On July 13, 2018, in Griffith v. Quality Distribution et al , No. 2D17-3160, the Florida Second DCA reversed a trial court’s approval of a class action settlement. The case originated with a complaint ...

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    • Florida Fourth DCA rules that contingency fee agreement was invalid where there was insufficient evidence that client ratified the agreement after recovering from coma

      On April 4, 2018, in O’Malley v. Freeman , No. 4D17-1500, the Florida Fourth DCA reversed a trial court award of attorney’s fees and costs to a law firm that had represented the plaintiff in a motor ...

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    • Florida Fourth DCA rules that attorney was entitled to evidentiary hearing before trial court could compel his testimony under crime-fraud exception to attorney-client privilege

      On May 24, 2017, in Douberley v. Perlmutter , No. 4D16-2597, the Florida Fourth DCA granted an attorney’s petition for a writ of certiorari to review an order compelling him to answer questions ...

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    • Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence

      On March 29, 2016, in Hashmi-Alikhan, M.D. et al v. Staples, et al ., No. 5D16-3735, the Florida Fifth DCA reversed a trial court’s ruling which had granted a new trial to a medical negligence ...

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    • Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to "one expert per specialty rule"

      On March 22, 2018, in Gutierrez v. Vargas , No. SC15-1924, the Florida Supreme Court quashed a Florida Third DCA decision remanding a medical negligence case for a new trial. The Third DCA decision ...

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    • Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges

      On February 16, 2018, in Newman v. Hirst , No. 5D17-2482, the Florida Fifth DCA granted the plaintiff’s petition for certiorari and quashed a trial court’s ruling finding that the plaintiff had ...

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    • Eleventh Circuit rules in False Claims Act qui tam case that 3-year statute of limitations under 31 U.S.C. Section 3731(b)(2) applies regardless of whether government intervenes

      On April 11, 2018, in United States v. Cochise Consultancy , No. 5:13-cv-02168, the Eleventh Circuit Court of Appeal ruled on an issue of firstimpression – whether a qui tam plaintiff is entitled to ...

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    • Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated damage appraisal process was still pending

      On January 26, 2018, in Landers v. State Farm , No. 5D15-4032, the Florida Fifth DCA reversed a trial summary judgment in favor an insurance company in a first party bad faith lawsuit involving a ...

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    • Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury instructions on coverage doctrine and burden of proof

      On January 17, 2018, in Jones v. Federated National Insurance Company, No. 4D16-2579, the Florida Fourth DCA reversed a final judgment in favor of the defendant insurance company in a first party ...

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    • Florida Supreme Court rules that prevailing insured in homeowners' insurance case was entitled to payment of attorney's fees with contingency fee multiplier

      On October 19, 2017, in Joyce v. Federated National Insurance Company , No. SC16-103, the Florida Supreme Court quashed the Florida Fifth DCA’s reversal of a trial court’s decision to apply a 2.0 ...

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    • Florida Second DCA reverses judgment awarding damages for intentional infliction of emotional distress, finding insufficient evidence of emotional distress

      On June 27, 2018, in Kim v. Chang , No. 2D16-4063, the Florida Second DCA reversed a judgment for the appellee (the counterclaiming defendant in the trial court) on a count alleging intentional ...

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    • Florida Third DCA rules that foreign persons were not subject to service of process individually when compelled to attend U.S. deposition on behalf of defendant corporations

      On January 3, 2018, in Queiroz v. Bentley Bay Retail , No. 3D17-1604, the Florida Third DCA reversed a trial court’s order denying Brazilian defendants’ motion to quash the service of process made ...

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    • Eleventh Circuit rules that district court lacked jurisdiction under Alien Tort Statute over lawsuit against Chilean army officer for torture occurring in Chile

      On January 3, 2018, in Jara v. Nunez , No. 16-15179, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a plaintiff’s claims which asserted U.S. district court jurisdiction ...

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    • Florida Third DCA rules that federal admiralty jurisdiction applies to tort case for injury sustained by passenger riding on an escalator to embark on cruise

      On January 3, 2018, in Carnival Corporation v. Garcia , No. 3D17-0445, the Florida Third DCA reversed a trial court’s denial of a defendant cruise line’s motion to dismiss a negligence complaint ...

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    • Florida Fifth DCA rules that trial court erred by failing to apply collateral source setoff for Social Security disability payments to personal injury jury verdict

      On February 2, 2018, in Oswald Woudhuizen and Power Design v. Smith , Case No. 5D17-575, the Florida Fifth DCA ruled that trial court erred by failing to apply a collateral source setoff for Social ...

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    • Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's statutory right to double damages against tortfeasor's liability insurer

      On January 25, 2018, in Humana Medical Plan v. Western Heritage Insurance , No. 15-11436, a majority of the active service judges on the Eleventh Circuit Court of Appeals voted against rehearing en ...

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    • Florida First DCA reduces amount payable to AHCA for Medicaid lien, finds that agency was bound by its stipulation that decedent's parents had right to contest amount of lien

      On January 26, 2018, in Delgado v. Agency for Health Care Administration , No. 1D16-5768, the Florida First DCA reversed an Administrative Law Judge’s (ALJ) determination that the parents and personal ...

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    • Florida Fourth DCA rules that physician who prevailed in medical negligence lawsuit could not equitably be bound by premature judgment requiring her to indemnify settling codefendant

      On June 6, 2018, in Fitzpatrick v. Meredith , No. 4D17-3438, the Florida Fourth DCA affirmed a trial court’s order granting the defendant doctor’s motion for relief from a summary judgment on ...

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    • Florida First DCA rules that infectious disease expert did not practice in "similar" specialty to defendant ophthalmologist treating patient for eye infection

      On May 18, 2018, in Rodriguez v. Nicolitz , No. 1D16-4604, the Florida First DCA affirmed a trial court’s dismissal of a medical negligence plaintiff’s amended complaint on the basis that Florida’s ...

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    • Florida Supreme Court rules that plaintiff's complaint alleging negligent physical restraint by National Deaf Academy personnel of resident not subject to medical negligence pre-suit requirements

      On April 26, 2018, in The National Deaf Academy v. Townes , No. SC16-1587, the Florida Supreme Court affirmed a Florida Fifth DCA decision holding that a plaintiff’s complaint alleging negligent ...

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    • Florida Fourth DCA rules that insufficient evidence of aggravation of preexisting condition was presented at motor vehicle negligence trial to allow for jury instruction on issue

      On June 6, 2018, in Sanchez v. Martin , No. 4D17-1731, the Florida Fourth DCA reversed a judgment in favor of the plaintiff in a motor vehicle negligence case, concluding that the trial court erred in ...

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    • Florida Fourth DCA affirms trial court's enforcement of settlement agreement between parties, concludes that disputed language of release did not prevent meeting of the minds

      On February 28, 2018, in Tovar v. Russell , No. 4D17-1055, the Florida Fourth DCA affirmed a trial court order enforcing a settlement agreement between the parties in a motor vehicle negligence case ...

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    • Florida Fifth DCA reverses trial court denial of motion for additur or new trial as to non-economic damages after jury returned inadequate award in motor vehicle negligence case

      On January 5, 2018, in Gustavsson v. Holder , No. 5D16-1442, the Florida Fifth DCA ruled that a trial court had abused its discretion by declining to grant a motion for additur or new trial on the ...

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    • Florida Second DCA rules that State Farm PIP policy's election to limit reimbursement payments for medical expenses to schedule of maximum charges was enforceable

      On May 18, 2018, in State Farm v. MRI Associates of Tampa, No. 2D16-4036, the Florida Second DCA reversed a trial court’s summary judgment in favor of the defendant, concluding that the State Farm PIP ...

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    • Florida Fourth DCA rules that PIP insurers must reduce a provider's charges to statutory permissive fee schedule before applying deductible, certifies conflict with Fifth DCA

      On March 14, 2018, in State Farm v. Care Wellness Center , No. 4D16-2254, the Florida Fourth DCA ruled that PIP insurers must reduce a provider’s charges under the statutory permissive fee schedule, ...

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    • Florida First DCA rules malicious prosecution claim not barred by litigation privilege simply because defendant in underlying case was original defendant rather than added to litigation

      On January 17, 2018, in Inlet Beach Capital Investments v. The Enclave at Inlet Beach Owners Association , No. 1D16-2282, the Florida First DCA reversed a trial court’s dismissal of the plaintiff’s ...

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    • Florida Third DCA reverses trial court's summary judgment for defendant in premises liability case alleging both dangerous condition and negligent mode of operation

      On June 27, 2018, in Khorran v, Harbor Freight Tools , No. 3D17-1508, the Florida Third DCA reversed the trial court’s summary judgment against the plaintiff in a premises liability case, concluding ...

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    • Florida Third DCA remands for directed verdict in favor of defendant in premises liability case, finding no duty by defendant to provide security to plaintiff in public park

      On April 18, 2018, in Competitive Softball Promotions v. Ayub , Np. 3D17-1420, the Florida Third DCA reversed a trial court’s denial of the defendant’s post-trial motion for a directed verdict in a ...

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    • Florida Third DCA reverses judgment for plaintiff in supermarket slip and fall case, finds insufficient evidence that supermarket knew of dangerous condition

      On March 28, 2018, in Publix Super Markets v. Bellaiche , No. 3D16-1983, the Florida Third DCA reversed a trial court’s final judgment in a supermarket slip and fall case, finding that the trial court ...

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    • Eleventh Circuit rules trial court's erroneous jury instruction on statute of limitations in Engle progeny tobacco case harmless because plaintiff first diagnosed with COPD within limitations period

      On March 7, 2018, in Burkhart v, R.J. Reynolds Tobacco Company , No. 14-14708, the Eleventh Circuit Court of Appeals affirmed a jury trial award for the plaintiff in an Engle progeny tobacco case. The ...

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    • Florida Third DCA denies new trial to tobacco company on defective product claim, finding no reversible error in failure to charge jury on "consumer expectations" test not relied upon by plaintiff

      On June 28, 2017, in R.J. Reynolds Tobacco Co. v. Larkin , No. 3D16-910, the Florida Third DCA reversed a decision by the trial court granting a new trial to the defendant tobacco company on a ...

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    • Florida Third DCA affirms trial court's denial of defendant's motion to dismiss product liability claim on forum non conveniens grounds

      On April 26, 2017, in Taurus International Manufacturing v. Friend , No. 3D16-1960, the Florida Third DCA affirmed the trial court's denial of the defendant's motion to dismiss a product liability ...

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    • Florida Fourth DCA rules that trial court erred in entering summary judgment for law firm defendant in professional negligence lawsuit involving mortgages with erroneous property descriptions

      On July 5, 2018, in JBJ Investment of South Florida v. Southern Title Group, et al ., No. 4D16-1925, the Florida Fourth DCA ruled that a trial erred in entering a summary judgment for a law firm ...

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    • Florida Fourth DCA holds that statute of limitations for legal malpractice case did not begin to run until entry of amended final judgment following reversal of final judgment on appeal

      On October 25, 2017, in Forest v. Batts , No. 4D16-4066, the Florida Fourth DCA reversed a trial court’s entry of a summary judgment for the defense in a legal malpractice case. The legal malpractice ...

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    • Florida Second DCA rules that bankruptcy estate trustee can pursue negligence action against debtor's attorneys even though tort judgment against debtor was discharged by bankruptcy court

      On October 25, 2017, in Herendeen v. Mandelbaum , No. 2D15-4300, the Florida Second DCA ruled that a bankruptcy estate trustee was entitled to pursue a professional negligence action against a law ...

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    • Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims

      On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

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    • Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amended complaint to motion to add punitive damages claim

      On September 6, 2017, in Fetlar v. Suarez , No. 3D17-1315, the Florida Third DCA granted a wrongful death defendant’s certiorari petition and quashed a trial court’s order allowing the plaintiff to ...

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    • Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified in 1994 Engle class action complaint

      On September 15, 2017, in R.J. Reynolds Tobacco Company v. Evers , No. 2D16-1603, the Florida Second DCA ruled in an Engle progeny tobacco case that that applicable punitive damages statute related ...

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    • Eleventh Circuit vacates trial court's dismissal of qui tam relator's claim against defense contractor; remands for review of complaint's sufficiency under implied certification theory

      On January 26, 2018, in Marsteller v. Tilton, et al, No. 16-11997, the Eleventh Circuit Court of Appeal vacated the district court’s dismissal of a qui tam relator’s complaint against a defense ...

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    • Eleventh Circuit affirms summary judgment for qui tam defendant, finding insufficient evidence that defendant knew it failed to comply with ambiguous Medicare regulations

      On May 26, 2017, in United States v. Lincare Holdings , LLC , No. 16-10532, the Eleventh Circuit Court of Appeals affirmed the trial court’s summary judgment for a qui tam defendant in a case ...

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    • Eleventh Circuit Court of Appeals affirms trial court's approval of government's settlement agreement with False Claims Act qui tam defendant over relators' objection

      On May 3, 2017, in Christiansen v. Everglades College, Inc. , No. 16-11839, the Eleventh Circuit Court of Appeals affirmed the trial court’s decision to award substantially lower damages, attorney’s ...

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    • Florida Third DCA rules that proposal for settlement issued to two defendants was invalid because it was conditioned on mutual acceptance by both defendants

      On May 16, 2018, in Pacheco v. Gonzalez , No. 3D16-355, the Florida Third DCA reversed a trial court order granting attorney’s fees to plaintiff, concluding that the Proposal for Settlement which was ...

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    • Florida Supreme Court rules that motion to enlarge time to respond to proposal for settlement does not automatically toll the running of the 30-day time period for accepting the proposal

      On May 17, 2018 in Koppel v. Ochoa , No. SC16-1474, the Florida Supreme Court ruled that a motion to enlarge the time to respond to a proposal for settlement submitted pursuant to Fla. Stat. § 768.79 ...

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    • Florida Third DCA rules that proposal for settlement was invalid because it did not apportion liability between the two offerors

      On April 11, 2018, in Peltz v. Trust Hospitality International, LLC, No. 3D17-428, the Florida Third DCA reversed a trial court’s award of attorney’s fees and costs after concluding that the proposal ...

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    • Florida Third DCA rules that sovereign immunity shielded county from liability for discretionary decisions made concerning allocation of resources to provide security for park partygoers

      On April 25, 2018, in Sanchez v. Miami-Dade County , No. 3D16-959, the Florida Third DCA ruled that the defendant county had sovereign immunity under Fla. Stat. section 768.28(9) which barred the ...

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    • Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sovereign immunity

      On February 23, 2018, in Florida Highway Patrol v. Jackson , No, 1D16-3940, dismissed the interlocutory appeal of a trial court order denying the defendant FHP’s summary judgment motion based on ...

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    • Florida Fourth DCA rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract

      On June 21, 2017, in Grossman Roth P.A. v. Mellon , No. 4D14-1766, the Florida Fourth DCA struck down a portion of a final judgment by a trial court setting attorney’s fees in a declaratory judgment ...

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    • Florida Fifth DCA rules that four-year negligence statute of limitations in child sex abuse case began running on date of abuse rather than later date of discovery

      On May 18, 2018, in R.R. and S.B. v. New Life Community Church of CMA, Inc., No. 5D16-4149, the Florida Fifth DCA issued a per curiam ruling affirming a trial’s court’s summary judgment in favor of ...

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    • Florida Fifth DCA remands for further fact finding where complaint was date stamped by court clerk after statute of limitation expired but allegedly was received by clerk on expiration date.

      On November 3, 2017, in Mansfield v. R.J. Reynolds Tobacco Company , No. 5D16-1826, the Florida Fifth DCA reversed the trial court’s summary judgment for the defendant on statute of limitations ...

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    • Florida First DCA rules that personal injury lawsuit against prison governed by four year SOL rather than one year SOL for lawsuits relating to conditions of confinement

      On June 23, 2017, in Parker v. The Geo Group, Inc. , No. 1D16-2611, the Florida First DCA reversed a trial court’s dismissal of an inmate’s personal injury complaint against a prison operator, ...

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    • Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims

      On January 25, 2018, in Smith v. R. J. Reynolds Tobacco Co ., No, 13-14316, the Eleventh Circuit Court of Appeals affirmed a district court’s decision not to reduce a compensatory damage award in an ...

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    • Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims

      On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

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    • Florida Supreme Court resolves circuit conflict, rules that Florida's comparative fault statute does not apply to Engle progeny tobacco cases involving intentional torts

      On December 14, 2017, in Schoeff v. R.J. Reynolds Tobacco Company , No. SC15-2233, the Florida Supreme Court resolved a circuit conflict between the First and Fourth DCAs, ruling that Florida’s ...

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    • Florida Fourth DCA rules GEICO's online form to elect non-stacked UM coverage invalid under Fla. Stat. Section 627.727, precluding possibility of oral waiver by insured

      On April 25, 2018, in Jervis v. Castaneda and Geico General Insurance , No. 4D17-332, the Florida Fourth DCA ruled that Geico’s online form to elect non-stacked coverage was invalid under Fla. Stat. ...

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    • Florida Second DCA rules that UM insurer's exclusion of golf cart as "uninsured motor vehicle" was invalid when liability provisions of policy covered use of non-owned golf carts

      On January 17, 2018, in Amica Mutual Insurance Company v. Willis , No. 2D16-2319, the Florida Second DCA affirmed a trial court’s summary judgment in favor of an insured in a declaratory judgment ...

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    • Florida First DCA rules that service of UIM complaint on Florida Chief Financial Officer commenced 90-day waiting period for service of proposal for settlement

      On January 3, 2018, in Markovits v. State Farm , No. 1D17-1623, the Florida First DCA ruled that commencement of the 90-day waiting period for filing a proposal for settlement under Section 768,79(1) ...

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    • Florida Fifth DCA rules that whether pizza chain was vicariously liable for negligent conduct by a franchisee's employee was a disputed question of agency subject to jury determination

      On May 11, 2018, in Domino’s Pizza v. Wiederhold, et al. , No. 5D16-2794, the Florida Fifth DCA ruled that whether Domino’s Pizza was vicariously liable for negligent conduct by a franchisee’s ...

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    • Florida First DCA reverses trial's court's summary judgment for defense in whistleblower violation case involving alleged improper termination of county employee

      On May 25, 2018, in Gainey v. Washington County, Florida , No. 1D16-2499, the Florida First DCA reversed a trial’s court’s summary judgment for the defendant county in a whistleblower violation case ...

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    • Florida Third DCA reverses trial court's judgment for defendant on pleadings, citing contested issue as to whether whistleblower had reported complaints to "appropriate local official"

      On September 20, 2017, in Escalona v. City of Miami Beach , No. 3D16-2304, the Florida Third DCA reversed a trial court’s judgment on the pleadings in favor of the defendant City in a case brought by ...

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    • Florida First DCA rules that subcontractor's corporate officer who elected exemption from Workers' Compensation Law was not entitled to bring tort claim general contractor

      On November 15, 2017, in Gladden v. Fisher Thomas Inc., No. 1D16-1752, the Florida First DCA affirmed a trial court’s summary judgment for the defendant in a tort case because the claim was barred by ...

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    • Florida Fourth DCA affirms summary judgment for defendant company on the basis that work injury to "borrowed employee" was subject to Worker's Compensation immunity

      On May 17, 2017, in Morera v. Waste Management Inc. of Florida , No. 4D14-3135, the Florida Fourth DCA affirmed the trial court’s summary judgment in favor of the defendant in a personal injury ...

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    • Fourth DCA rules that law firm that allegedly maintained open bar for employees was not liable under Reverse Dram Shop Act for employee's subsequent accidental death while intoxicated

      On June 6, 2018, in Salerno v. Del Mar Financial Service, LLC; Gladstone Law Group, P.A. et al , No. 4D17-305, the Florida Fourth DCA affirmed a trial court’s dismissal of a wrongful death complaint ...

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    • Florida Third DCA rules that federal Death on the High Seas Act is inapplicable to deaths occurring within Florida's territorial waters extending up to shoreward edge of Gulf Stream

      On June 6, 2018, in Kipp v. Amy Slate’s Amoray Dive Center , No. 3D17-316, the Florida Third DCA reversed a trial court’s dismissal of the plaintiff’s wrongful death complaint against two defendants ...

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    • Florida Fifth DCA rules that plaintiff who married decedent after the date of the injury leading to his death could still recover damages under Wrongful Death Act

      On May 11, 2018, in Domino’s Pizza v. Wiederhold, et al. , No. 5D16-2794, the Florida Fifth DCA ruled that a surviving spouse who had married the decedent after the date of the injury which led to his ...

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