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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 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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