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Blog Posts in Civil Procedure and Evidence

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  • Florida Third DCA rules that spoliation case does not accrue until underlying tort case is resolved
    Florida Third DCA rules that spoliation case does not accrue until underlying tort case is resolved

    On September 26, 2018, in Amerisure Insurance Company v. Rodriguez , No. 3D18-1524, the Florida Third DCA reversed a trial court ruling allowing third-party spoliation action to be tried jointly with ...

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  • Florida Third DCA rules that trial court erred in striking complaint due to delay in appointment of personal representatives for deceased plaintiff
    Florida Third DCA rules that trial court erred in striking complaint due to delay in appointment of personal representatives for deceased plaintiff

    On September 26, 2018, in Lindor v. Florida East Coast Railway , No. 3D17-2366, the Florida Third DCA ruled that the trial court erred in striking the plaintiff’s wrongful death complaint and ...

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  • Florida Second DCA rules that trial court erred in not applying
    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)
    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
    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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  • Florida Fifth DCA remands for new trial because of trial court's failure to conduct necessary analysis of allegedly race-based peremptory juror challenge
    Florida Fifth DCA remands for new trial because of trial court's failure to conduct necessary analysis of allegedly race-based peremptory juror challenge

    On June 1, 2018, in Travelers v. Gallo , No.5D16-3158, the Florida Fifth DCA reversed a judgment in favor of the plaintiff in a UIM case and remanded the case for a new trial because of the trial ...

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