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Blog Posts in Civil Procedure and Evidence

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  • Florida Fifth DCA reverses trial court, finds that summary judgment for the defendants in a motor vehicle negligence case was improper where eyewitness testimony conflicted with video evidence
    Florida Fifth DCA reverses trial court, finds that summary judgment for the defendants in a motor vehicle negligence case was improper where eyewitness testimony conflicted with video evidence

    On July 12, 2019, in Lopez v. Wilsonart , No. 5D18-2907, the Florida Fifth DCA reversed a trial court’s summary judgment for the defendants in a motor vehicle negligence case after concluding that ...

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  • Florida Fifth DCA reverses trial court, finds that summary judgment for defendant in civil case alleging violation of Florida Wiretap Statute was improper when relevant discovery had not yet been produced by defense
    Florida Fifth DCA reverses trial court, finds that summary judgment for defendant in civil case alleging violation of Florida Wiretap Statute was improper when relevant discovery had not yet been produced by defense

    On July 12, 2019, in Skydive Space Center v. Pohjolainen , No. 5D18-537, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendants in a civil suit alleging the ...

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  • Florida Fourth DCA rules that plaintiff’s counsel engaged in impermissible “trial by ambush” tactics in motor vehicle negligence case by waiting until trial to have plaintiff’s treating physician review MRI from previous accident
    Florida Fourth DCA rules that plaintiff’s counsel engaged in impermissible “trial by ambush” tactics in motor vehicle negligence case by waiting until trial to have plaintiff’s treating physician review MRI from previous accident

    On July 10, 2019, in Gurin Gold, LLC v. Dixon , No. 4D18-2156, the Florida Fourth DCA reversed a verdict for the plaintiff in a motor vehicle negligence and remanded for a new trial based on what the ...

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  • Florida Fifth DCA rules that trial court erred in excluding plaintiff’s statement to medical personnel about circumstances of motor vehicle accident
    Florida Fifth DCA rules that trial court erred in excluding plaintiff’s statement to medical personnel about circumstances of motor vehicle accident

    On June 21, 2019, in Strong v. Underwood , No. 5D17-3586, the Florida Fifth DCA reversed a jury verdict in a motor vehicle negligence case in which the defendant and the plaintiff had each been found ...

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  • Florida First DCA rules that plaintiff’s alleged prior history of drug abuse was irrelevant and more prejudicial than probative in product liability case involving exploding e-cigarette
    Florida First DCA rules that plaintiff’s alleged prior history of drug abuse was irrelevant and more prejudicial than probative in product liability case involving exploding e-cigarette

    On July 9, 2019, in R-L Sales, LLC v. Hoce , No. 1D18-2298, the Florida First DCA affirmed a jury verdict for the plaintiff in a product liability case against an e-cigarette manufacturer. The ...

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  • Florida Fifth DCA rules that trial court erroneously dismissed legal malpractice complaint on statute of limitations grounds; nothing within the fourth corners of the complaint conclusively established failure to comply with statute of limitations
    Florida Fifth DCA rules that trial court erroneously dismissed legal malpractice complaint on statute of limitations grounds; nothing within the fourth corners of the complaint conclusively established failure to comply with statute of limitations

    On June 14, 2019, in Enlow v. Wright , Np. 5D18-105, the Florida Fifth DCA reversed a trial court’s order dismissing the plaintiff’s legal malpractice complaint on statute of limitations grounds. The ...

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