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Blog Posts in February, 2019

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  • Florida Fourth DCA reverses trial court’s award of attorney’s fees to prevailing party on motion to compel discovery, finds that trial court applied wrong standard for award
    Florida Fourth DCA reverses trial court’s award of attorney’s fees to prevailing party on motion to compel discovery, finds that trial court applied wrong standard for award

    On February 20, 2019, in Federal Express Corporation v. Charria, No. 4D18-1154, the Florida Fourth DCA reversed a trial court order requiring the defendant to pay the plaintiff’s attorney’s fees under ...

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  • Florida Third DCA reverses trial court’s denial of defendants’ motion to dismiss on forum non conveniens grounds; remands for required analysis of Fla. R. Civ. P. 1.061)(a) factors
    Florida Third DCA reverses trial court’s denial of defendants’ motion to dismiss on forum non conveniens grounds; remands for required analysis of Fla. R. Civ. P. 1.061)(a) factors

    On February 20, 2019, in Vasallo Tome v. Herrera-Zenil , No. 3D18-1391, the Florida Third DCA reversed a trial court’s denial of the defendants’ motion to dismiss on forum non conveniens grounds. The ...

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  • Florida Third DCA reverses trial court order dismissing plaintiff’s complaint against broadcast news company for defamation/libel; finds that plaintiff’s pre-suit notice was sufficient under Fla. Stat. Section 770.01.
    Florida Third DCA reverses trial court order dismissing plaintiff’s complaint against broadcast news company for defamation/libel; finds that plaintiff’s pre-suit notice was sufficient under Fla. Stat. Section 770.01.

    On February 20, 2019, in Cousins v. Post-Newsweek Stations Florida, Inc ., et al, No. 3D17-2805, the Florida Third DCA reversed a trial court order dismissing the plaintiff’s complaint against a ...

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  • Florida Fourth DCA rules that monetary caps on sovereign immunity waiver applied aggregately to all victims in shooting spree by estranged father previously under DCF investigation, certifies issue to Florida Supreme Court
    Florida Fourth DCA rules that monetary caps on sovereign immunity waiver applied aggregately to all victims in shooting spree by estranged father previously under DCF investigation, certifies issue to Florida Supreme Court

    On October 10, 2018, in State of Florida v. Barnett , No. 4D17-2840, the Florida Fourth DCA decided as a matter of first impression an issue involving the interpretation of section 768.28, Florida ...

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  • Florida Fourth DCA rules that trial court's denial of defendant's summary judgment motion on fraud claims was not the
    Florida Fourth DCA rules that trial court's denial of defendant's summary judgment motion on fraud claims was not the "functional equivalent" of a determination that there was a reasonable evidentiary basis for punitive damages

    On January 2, 2019, in KIS Group et al v. Moquin , No. 4D18-1435, the Florida Fourth DCA quashed a trial court’s order granting a plaintiff’s motion to amend his complaint to assert a claim for ...

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