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Blog Posts in April, 2019

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  • Florida Third DCA rules that plaintiff was not entitled to new trial based on improper  closing argument by defense counsel because plaintiff failed to make timely objection
    Florida Third DCA rules that plaintiff was not entitled to new trial based on improper closing argument by defense counsel because plaintiff failed to make timely objection

    On April 24, 2019, in CEC Entertainment, Inc. v. Zaldivar , No. 3D17-474, the Florida Third DCA reversed a trial court’s order granting the plaintiff in a premises liability case a new trial based on ...

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  • Florida Second DCA rules that plaintiff’s lawsuit under Florida Whistle-blower’s Act was subject to dismissal for failure to first pursue administrative remedies
    Florida Second DCA rules that plaintiff’s lawsuit under Florida Whistle-blower’s Act was subject to dismissal for failure to first pursue administrative remedies

    On April 26, 2019, in The School Board of Hillsborough County v. Woodford , No. 2D18-1463, the Florida Second DCA reversed a trial court’s denial of the defendant school board’s motion to dismiss in a ...

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  • Eleventh Circuit Court of Appeals reverses summary judgment for defendant correctional officers in excessive force civil rights lawsuit filed by Florida inmate
    Eleventh Circuit Court of Appeals reverses summary judgment for defendant correctional officers in excessive force civil rights lawsuit filed by Florida inmate

    On April 24, 2019, in Sears v. Roberts, et al. , No. 15-15080, the Eleventh Circuit of Appeals reversed a district court’s summary judgment in favor of the defendant state correctional officers in a ...

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  • Florida Second DCA rules that Florida’s proposal for settlement statute, Section 768.79, was inapplicable to negligence case governed by federal maritime law
    Florida Second DCA rules that Florida’s proposal for settlement statute, Section 768.79, was inapplicable to negligence case governed by federal maritime law

    On April 17, 2019, in Marco Marine Construction, Inc. v. Kopras , No. 2D17-1734, the Florida Second DCA reversed a trial court’s ruling granting the prevailing plaintiff attorney’s fees under Section ...

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  • Florida First DCA rules that real estate rental contract’s exculpatory “As-Is” clause constituted waiver of claim by lessee against landlord for failing to safely maintain property
    Florida First DCA rules that real estate rental contract’s exculpatory “As-Is” clause constituted waiver of claim by lessee against landlord for failing to safely maintain property

    On April 16, 2019, in Casasanta v. Sailshare 296 LLC , No. 1D17-4862, the Florida First DCA withdrew a former opinion from December 27, 2018 and substituted a revised opinion in its place, affirming a ...

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  • Florida Fourth DCA rules that defendant’s proposal for settlement addressed to individual plaintiff in multi-plaintiff proceeding need not specify apportionment with other plaintiffs
    Florida Fourth DCA rules that defendant’s proposal for settlement addressed to individual plaintiff in multi-plaintiff proceeding need not specify apportionment with other plaintiffs

    On April 10, 2019, in Weiner v. Maulden , No. 4d18-2170, the Florida Fourth DCA reversed a trial court’s denial of a post-trial motion for attorney fees made by the defendant in a motor vehicle ...

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