Blog Posts By Category

On April 4, 2018, in Plantation General Hospital Limited Partnership v. Division of Administrative Hearings , et al, No. 4D16-2652, the Florida Fourth DCA reversed an arbitration award of economic ...

On October 4, 2017, in Managed Care Insurance Consultants v. United Healthcare Insurance Company , No. 4D16-2767, the Florida Fourth DCA issued a substituted and clarified opinion affirming a trial ...

On July 5, 2017, in FI-Pompano Rehab, LLC v. Irving , No. 4D16-3121, the Florida Fourth DCA reversed a trial court’s non-final order denying a nursing home’s motion to compel arbitration of a ...

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 ...

On March 29, 2018, in Demase v. State Farm Florida Insurance Company , No. 5D16-2390, the Florida Fifth DCA reversed a trial court’s dismissal of plaintiff homeowners’ first-party bad faith case ...

On January 12, 2018, in State Farm v. Knapp , Case No. 5D17-447, the Florida Fifth DCA quashed a trial court order compelling a defendant UIM insurer in a bad faith case to produce discovery subject ...

On September 5, 2018, in Searcy v. R.J. Reynolds Tobacco Company , No. 13-15258, the Eleventh Circuit Court of Appeals affirmed a verdict for the plaintiff in an Engle progeny tobacco case. In Engle ...

On February 20, 2019, in Hall v. Reynolds , No. 2D18-2948, the Florida Second DCA dismissed a certiorari petition by a plaintiff contesting a trial order which had granted a defendant’s motion to set ...

On February 22, 2019, in Younkin v. Blackwelder , No. 5D18-3548, the Florida Fifth DCA denied a certiorari petition by a defendant in a personal injury case. The defendant sought to overturn a trial ...

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 ...

On October 2, 2018, in Estate of Marquette F. Cummings Jr. v. Davenport, No. 17-13999, the Eleventh Circuit Court of Appeals affirmed a district court ruling denying an Alabama prison warden’s motion ...

On September 24, 2018, in JW v. Birmingham Board of Education , No. 15-14669, the Eleventh Circuit Court of Appeals reversed a judgment against six school resource officers (SROs) who were sued in a ...

On June 4, 2018, in Manners v. Cannella , No. 17-10088, the Eleventh Circuit Court of Appeals affirmed a trial court’s ruling granting summary judgment to the defendant police officers in a civil ...

On July 13, 2018, in Griffith v. Quality Distribution et al , No. 2D17-3160, the Florida Second DCA reversed a trial court’s approval of a class action settlement. The case originated with a complaint ...

On April 4, 2018, in O’Malley v. Freeman , No. 4D17-1500, the Florida Fourth DCA reversed a trial court award of attorney’s fees and costs to a law firm that had represented the plaintiff in a motor ...

On May 24, 2017, in Douberley v. Perlmutter , No. 4D16-2597, the Florida Fourth DCA granted an attorney’s petition for a writ of certiorari to review an order compelling him to answer questions ...

On November 28, 2018, in Brown & Brown v. Gelsomino et al, No. 4D17-3737, the Florida Fourth DCA reversed a trial court’s ruling applying joint and several liability to defendants found liable in 2014 ...

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 ...

On March 29, 2016, in Hashmi-Alikhan, M.D. et al v. Staples, et al ., No. 5D16-3735, the Florida Fifth DCA reversed a trial court’s ruling which had granted a new trial to a medical negligence ...

On March 22, 2018, in Gutierrez v. Vargas , No. SC15-1924, the Florida Supreme Court quashed a Florida Third DCA decision remanding a medical negligence case for a new trial. The Third DCA decision ...

On February 14, 2018, in Sanchez v. Cinque , No. 4D16-2530, the Florida Fourth affirmed a final judgment for a medical negligence plaintiff following a jury verdict in the plaintiff’s favor, ruling ...

On April 11, 2018, in United States v. Cochise Consultancy , No. 5:13-cv-02168, the Eleventh Circuit Court of Appeal ruled on an issue of firstimpression – whether a qui tam plaintiff is entitled to ...

On January 17, 2018, in Jones v. Federated National Insurance Company, No. 4D16-2579, the Florida Fourth DCA reversed a final judgment in favor of the defendant insurance company in a first party ...

On January 26, 2018, in Landers v. State Farm , No. 5D15-4032, the Florida Fifth DCA reversed a trial summary judgment in favor an insurance company in a first party bad faith lawsuit involving a ...

On October 19, 2017, in Joyce v. Federated National Insurance Company , No. SC16-103, the Florida Supreme Court quashed the Florida Fifth DCA’s reversal of a trial court’s decision to apply a 2.0 ...

On June 27, 2018, in Kim v. Chang , No. 2D16-4063, the Florida Second DCA reversed a judgment for the appellee (the counterclaiming defendant in the trial court) on a count alleging intentional ...

On December 28, 2018, in LaFreniere v. Craig-Myers, No. 1D18-1918, the Florida First DCA reversed a trial court’s denial of a defendant’s motion to dismiss in a wrongful death case for lack of ...

On January 3, 2018, in Queiroz v. Bentley Bay Retail , No. 3D17-1604, the Florida Third DCA reversed a trial court’s order denying Brazilian defendants’ motion to quash the service of process made ...

On January 3, 2018, in Jara v. Nunez , No. 16-15179, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a plaintiff’s claims which asserted U.S. district court jurisdiction ...

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 ...

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 ...

On January 4, 2019, in Wheaton v. Wheaton , No. SC17-716, the Florida Supreme Court resolved a split between the Florida Third DCA and several other Florida DCAs, concluding that proposals for ...

On February 2, 2018, in Oswald Woudhuizen and Power Design v. Smith , Case No. 5D17-575, the Florida Fifth DCA ruled that trial court erred by failing to apply a collateral source setoff for Social ...

On January 25, 2018, in Humana Medical Plan v. Western Heritage Insurance , No. 15-11436, a majority of the active service judges on the Eleventh Circuit Court of Appeals voted against rehearing en ...

On January 26, 2018, in Delgado v. Agency for Health Care Administration , No. 1D16-5768, the Florida First DCA reversed an Administrative Law Judge’s (ALJ) determination that the parents and personal ...

On June 6, 2018, in Fitzpatrick v. Meredith , No. 4D17-3438, the Florida Fourth DCA affirmed a trial court’s order granting the defendant doctor’s motion for relief from a summary judgment on ...

On May 18, 2018, in Rodriguez v. Nicolitz , No. 1D16-4604, the Florida First DCA affirmed a trial court’s dismissal of a medical negligence plaintiff’s amended complaint on the basis that Florida’s ...

On April 26, 2018, in Cantore v. West Boca Medical Center , No. SC15-1926, the Florida Supreme Court quashed a Florida Fourth DCA opinion that had affirmed a defense verdict in a medical negligence ...

On June 6, 2018, in Sanchez v. Martin , No. 4D17-1731, the Florida Fourth DCA reversed a judgment in favor of the plaintiff in a motor vehicle negligence case, concluding that the trial court erred in ...

On February 28, 2018, in Tovar v. Russell , No. 4D17-1055, the Florida Fourth DCA affirmed a trial court order enforcing a settlement agreement between the parties in a motor vehicle negligence case ...

On January 5, 2018, in Gustavsson v. Holder , No. 5D16-1442, the Florida Fifth DCA ruled that a trial court had abused its discretion by declining to grant a motion for additur or new trial on the ...

On December 28, 2018, in Progressive Select Insurance Company v. Florida Hospital Medical Center , No. SC18-278, the Florida Supreme Court resolved a conflict between the Fourth and Fifth DCAs, ...

On September 12, 2018, in Glasscox v. City of Argo , No. 16-16804, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendant police officer’s motion for summary ...

On May 18, 2018, in State Farm v. MRI Associates of Tampa, No. 2D16-4036, the Florida Second DCA reversed a trial court’s summary judgment in favor of the defendant, concluding that the State Farm PIP ...

On June 27, 2018, in Khorran v, Harbor Freight Tools , No. 3D17-1508, the Florida Third DCA reversed the trial court’s summary judgment against the plaintiff in a premises liability case, concluding ...

On April 18, 2018, in Competitive Softball Promotions v. Ayub , Np. 3D17-1420, the Florida Third DCA reversed a trial court’s denial of the defendant’s post-trial motion for a directed verdict in a ...

On March 28, 2018, in Publix Super Markets v. Bellaiche , No. 3D16-1983, the Florida Third DCA reversed a trial court’s final judgment in a supermarket slip and fall case, finding that the trial court ...

On March 7, 2018, in Burkhart v, R.J. Reynolds Tobacco Company , No. 14-14708, the Eleventh Circuit Court of Appeals affirmed a jury trial award for the plaintiff in an Engle progeny tobacco case. The ...

On June 28, 2017, in R.J. Reynolds Tobacco Co. v. Larkin , No. 3D16-910, the Florida Third DCA reversed a decision by the trial court granting a new trial to the defendant tobacco company on a ...

On April 26, 2017, in Taurus International Manufacturing v. Friend , No. 3D16-1960, the Florida Third DCA affirmed the trial court's denial of the defendant's motion to dismiss a product liability ...

On February 22, 2019, in Rodriguez v. Otero , No. 5D17-3043, the Florida Fifth DCA reversed a trial court’s dismissal of the plaintiffs’ professional negligence complaint against their mortgage ...

On September 26, 2018, in Driessen v. University of Miami School of Law Children and Youth Law Clinic , No. 3D18-999, the Florida Third DCA affirmed a trial court’s dismissal of a legal malpractice ...

On July 5, 2018, in JBJ Investment of South Florida v. Southern Title Group, et al ., No. 4D16-1925, the Florida Fourth DCA ruled that a trial erred in entering a summary judgment for a law firm ...

On January 4, 2019, in Wheaton v. Wheaton , No. SC17-716, the Florida Supreme Court resolved a split between the Florida Third DCA and several other Florida DCAs, concluding that proposals for ...

On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

On September 6, 2017, in Fetlar v. Suarez , No. 3D17-1315, the Florida Third DCA granted a wrongful death defendant’s certiorari petition and quashed a trial court’s order allowing the plaintiff to ...

On September 15, 2017, in R.J. Reynolds Tobacco Company v. Evers , No. 2D16-1603, the Florida Second DCA ruled in an Engle progeny tobacco case that that applicable punitive damages statute related ...

On January 26, 2018, in Marsteller v. Tilton, et al, No. 16-11997, the Eleventh Circuit Court of Appeal vacated the district court’s dismissal of a qui tam relator’s complaint against a defense ...

On May 26, 2017, in United States v. Lincare Holdings , LLC , No. 16-10532, the Eleventh Circuit Court of Appeals affirmed the trial court’s summary judgment for a qui tam defendant in a case ...

On May 3, 2017, in Christiansen v. Everglades College, Inc. , No. 16-11839, the Eleventh Circuit Court of Appeals affirmed the trial court’s decision to award substantially lower damages, attorney’s ...

On November 21, 2018, in Starboard Cruise Services, Inc. v. DePrince, No. 3D16-2009, the Florida Third DCA affirmed a trial court’s denial of the prevailing defendant’s motion for attorney’s fees. The ...

On October 3, 2018, in Atlantic Civil, Inc. v. Swift, No. 3D15-1594, the Florida Third DCA withdraw it prior opinion, which had held that a proposal for settlement was valid and enforceable, and ...

On October 4, 2018, in Allen v. Nunez , No. SC14-1164, the Florida Supreme Court resolved a conflict among Florida DCAs, concluding that the Fifth DCA erred in its determination that a plaintiff’s ...

On April 25, 2018, in Sanchez v. Miami-Dade County , No. 3D16-959, the Florida Third DCA ruled that the defendant county had sovereign immunity under Fla. Stat. section 768.28(9) which barred the ...

On February 23, 2018, in Florida Highway Patrol v. Jackson , No, 1D16-3940, dismissed the interlocutory appeal of a trial court order denying the defendant FHP’s summary judgment motion based on ...

On June 21, 2017, in Grossman Roth P.A. v. Mellon , No. 4D14-1766, the Florida Fourth DCA struck down a portion of a final judgment by a trial court setting attorney’s fees in a declaratory judgment ...

On May 18, 2018, in R.R. and S.B. v. New Life Community Church of CMA, Inc., No. 5D16-4149, the Florida Fifth DCA issued a per curiam ruling affirming a trial’s court’s summary judgment in favor of ...

On November 3, 2017, in Mansfield v. R.J. Reynolds Tobacco Company , No. 5D16-1826, the Florida Fifth DCA reversed the trial court’s summary judgment for the defendant on statute of limitations ...

On June 23, 2017, in Parker v. The Geo Group, Inc. , No. 1D16-2611, the Florida First DCA reversed a trial court’s dismissal of an inmate’s personal injury complaint against a prison operator, ...

On January 25, 2018, in Smith v. R. J. Reynolds Tobacco Co ., No, 13-14316, the Eleventh Circuit Court of Appeals affirmed a district court’s decision not to reduce a compensatory damage award in an ...

On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

On December 14, 2017, in Schoeff v. R.J. Reynolds Tobacco Company , No. SC15-2233, the Florida Supreme Court resolved a circuit conflict between the First and Fourth DCAs, ruling that Florida’s ...

On October 5, 2018, in State Farm v. Lyde, No. 2D17-1014, the Florida Second DCA ruled that the standard policy language in State Farm Policy Form 9810A permissibly precluded a family member living in ...

On April 25, 2018, in Jervis v. Castaneda and Geico General Insurance , No. 4D17-332, the Florida Fourth DCA ruled that Geico’s online form to elect non-stacked coverage was invalid under Fla. Stat. ...

On January 17, 2018, in Amica Mutual Insurance Company v. Willis , No. 2D16-2319, the Florida Second DCA affirmed a trial court’s summary judgment in favor of an insured in a declaratory judgment ...

On May 11, 2018, in Domino’s Pizza v. Wiederhold, et al. , No. 5D16-2794, the Florida Fifth DCA ruled that whether Domino’s Pizza was vicariously liable for negligent conduct by a franchisee’s ...

On November 16, 2018, in Griffin v. Deloach , Case No. 5D17-2449, the Florida Fifth DCA affirmed the trial court’s dismissal of a plaintiff’s claim brought under Florida Whistleblower’s Act, ...

On May 25, 2018, in Gainey v. Washington County, Florida , No. 1D16-2499, the Florida First DCA reversed a trial’s court’s summary judgment for the defendant county in a whistleblower violation case ...

On September 20, 2017, in Escalona v. City of Miami Beach , No. 3D16-2304, the Florida Third DCA reversed a trial court’s judgment on the pleadings in favor of the defendant City in a case brought by ...

On November 15, 2017, in Gladden v. Fisher Thomas Inc., No. 1D16-1752, the Florida First DCA affirmed a trial court’s summary judgment for the defendant in a tort case because the claim was barred by ...

On May 17, 2017, in Morera v. Waste Management Inc. of Florida , No. 4D14-3135, the Florida Fourth DCA affirmed the trial court’s summary judgment in favor of the defendant in a personal injury ...

On June 6, 2018, in Salerno v. Del Mar Financial Service, LLC; Gladstone Law Group, P.A. et al , No. 4D17-305, the Florida Fourth DCA affirmed a trial court’s dismissal of a wrongful death complaint ...

On June 6, 2018, in Kipp v. Amy Slate’s Amoray Dive Center , No. 3D17-316, the Florida Third DCA reversed a trial court’s dismissal of the plaintiff’s wrongful death complaint against two defendants ...

On May 11, 2018, in Domino’s Pizza v. Wiederhold, et al. , No. 5D16-2794, the Florida Fifth DCA ruled that a surviving spouse who had married the decedent after the date of the injury which led to his ...