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Blog Posts in May, 2019

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  • Florida First DCA rules that plaintiff was not entitled to sue for mental anguish and emotional distress allegedly caused by his former attorney’s failure to file post-conviction motions on his behalf
    Florida First DCA rules that plaintiff was not entitled to sue for mental anguish and emotional distress allegedly caused by his former attorney’s failure to file post-conviction motions on his behalf

    On May 6, 2019, in Reid v. Daley , No. 1D18-2438, the Florida First DCA ruled that a plaintiff could not avail himself of a narrow loophole to the general rule preventing tort plaintiffs from claiming ...

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  • Florida Fifth DCA rules that trial judge improperly relied upon informal, post-discharge, ex parte communications with jurors as basis for modifying jury verdict
    Florida Fifth DCA rules that trial judge improperly relied upon informal, post-discharge, ex parte communications with jurors as basis for modifying jury verdict

    On May 3, 2019, in Orange Springs Specialty Water and Beverage Company v. Delk , No. 5D18-2014, the Florida Fifth DCA reversed a final judgment by a trial court in a breach of contract case. The trial ...

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  • Florida Fourth DCA denies certiorari petition of plaintiff whistleblower seeking temporary employment reinstatement under Florida Whistle-blower’s Act.
    Florida Fourth DCA denies certiorari petition of plaintiff whistleblower seeking temporary employment reinstatement under Florida Whistle-blower’s Act.

    On May 1, 2019, in Hatfield v. North Broward Hospital District , No. 4D18-3483, the Florida Fourth DCA denied the petition of a plaintiff for certiorari review of a trial court order denying her ...

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  • Memorial Day Is One of the Deadliest Days for Teens to Be on the Road
    Memorial Day Is One of the Deadliest Days for Teens to Be on the Road

    Although Memorial Day is intended to be a holiday where we honor and reflect on the sacrifices made by those who gave their lives to protect our freedom, it is also the beginning of a period of time ...

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  • Florida Fifth DCA reverses trial court order which denied class action defendant’s motion to dismiss for improper venue, finds that mandatory forum selection clause of defendant’s membership agreements was enforceable
    Florida Fifth DCA reverses trial court order which denied class action defendant’s motion to dismiss for improper venue, finds that mandatory forum selection clause of defendant’s membership agreements was enforceable

    On April 29, 2019, in Gold Crown Resort Marketing v, Philpotts , No. 5D18-840, the Florida Fifth reversed a trial court order which had denied a class action defendant’s motion to dismiss for improper ...

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  • Florida Fourth DCA denies corporate defendant’s certiorari petition objecting to trial court order allowing prosecution of punitive damages claim; inclusion of claim was permissible because it was based on alleged direct, rather than vicarious, liability o
    Florida Fourth DCA denies corporate defendant’s certiorari petition objecting to trial court order allowing prosecution of punitive damages claim; inclusion of claim was permissible because it was based on alleged direct, rather than vicarious, liability o

    On April 24, 2019, in The Event Depot Corp. v. Frank , No. 4D18-2306, the Florida Fourth DCA denied a corporate defendant’s certiorari petition objecting to a trial court order allowing a punitive ...

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