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  • Florida First DCA quashes trial court order upholding records subpoena issued to Virginia company, rules that defendant failed to comply with Virginia’s requirements for service of process
    Florida First DCA quashes trial court order upholding records subpoena issued to Virginia company, rules that defendant failed to comply with Virginia’s requirements for service of process

    On December 23, 2019, in Kinsale Insurance Company v. Murphy, No. 1D19-0538, the Florida First DCA quashed an order by a trial court that had upheld a subpoena ...

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  • Florida Third DCA declines certiorari review of trial court order denying medical device manufacturer’s motion to dismiss plaintiff’s complaint for a pure bill of discovery regarding defendant’s pelvic mesh products
    Florida Third DCA declines certiorari review of trial court order denying medical device manufacturer’s motion to dismiss plaintiff’s complaint for a pure bill of discovery regarding defendant’s pelvic mesh products

    On December 11, 2019, in American Medical Systems, LLC, et al v. MSP Recovery Claims, Series LLC, No. 3D19-1570, the Florida Third DCA denied certiorari review ...

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  • Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur
    Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur Florida Supreme Court adopts new Rule of Civil Procedure 1.535 on remittitur and additur

    On December 5, 2019, the Florida Supreme Court adopted new Rule of Civil Procedure 1.535 on remittitur and additur requiring trial courts ...

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  • Florida Third DCA affirms dismissal of commercial fraud lawsuit for failure to prosecute, ruling that “disarray” in control and representation of the plaintiff corporations did not constitute “good cause” for lack of activity.
    Florida Third DCA affirms dismissal of commercial fraud lawsuit for failure to prosecute, ruling that “disarray” in control and representation of the plaintiff corporations did not constitute “good cause” for lack of activity.

    On November 6, 2019, in Publicidad Vepaco, C.A. v. Mezerhane, No. 3D18-1424, the Florida Third DCA affirmed the dismissal of a commercial fraud lawsuit because of the plaintiffs’ ...

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  • Florida First DCA rules the $80,000 verdict by jury for “nominal damages” was excessive in case involving no admissible evidence on compensatory damages
    Florida First DCA rules the $80,000 verdict by jury for “nominal damages” was excessive in case involving no admissible evidence on compensatory damages

    On October 24, 2019, in The Prestige Gallery, Inc. v. Napleton, No. 1S18-2318, the Florida First DCA reversed a final judgment and jury verdict in a slander case which awarded the plaintiff $80,000 in “nominal damages” ...

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  • Florida Third DCA rules that Google Maps photo of sidewalk at issue in slip-and-fall case was not admissible without supporting testimony regarding the date of the photo and equipment used
    Florida Third DCA rules that Google Maps photo of sidewalk at issue in slip-and-fall case was not admissible without supporting testimony regarding the date of the photo and equipment used

    On October 16, 2019, in City of Miami v. Kho, No. 3D18-2369, the Florida Third DCA reversed a trial court’s denial ...

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  • Florida Second DCA reverses trial court, finds that defendant in product liability case waived defense of lack of personal jurisdiction by not raising it in initial motion to dismiss
    Florida Second DCA reverses trial court, finds that defendant in product liability case waived defense of lack of personal jurisdiction by not raising it in initial motion to dismiss

    On October 16, 2019, in Gannon v. Cuckler, No. 2D17-4888, the Florida Second DCA reversed a trial court ruling that had granted the defendant’s motion to dismiss a product liability lawsuit ...

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  • Florida Second DCA rules that trial court erred in granting summary judgment to defendant prior to completion of discovery” and applies in equity cases where costs are claimed under the statut
    Florida Second DCA rules that trial court erred in granting summary judgment to defendant prior to completion of discovery” and applies in equity cases where costs are claimed under the statute

    On October 2, 2019, in Rodriguez v. Avatar Property & Casualty Insurance Company, No. 2D18-1007, the Florida Second DCA reversed a summary judgment granted by a trial court in a breach of contract case ...

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  • Florida Fourth DCA rules that standard for entitlement to costs under F.S. § 57.041(1) is whether cost claimant is “party recovering judgment” rather than “prevailing party” and applies in equity cases where costs are claimed under the statut
    Florida Fourth DCA rules that standard for entitlement to costs under F.S. § 57.041(1) is whether cost claimant is “party recovering judgment” rather than “prevailing party” and applies in equity cases where costs are claimed under the statute

    On September 25, 2019, in Sherman v. Sherman, No. 4D18-3578, the Florida Fourth DCA, sitting en banc, receded from a conflicting previous decision and ruled ...

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  • Florida Second DCA rules that plaintiff was not required to file formal motion for a trial de novo following nonbinding arbitration ruling when case had already been noticed for trial and defendant’s conduct operated as waiver of strict compliance with motion requirement
    Florida Second DCA rules that plaintiff was not required to file formal motion for a trial de novo following nonbinding arbitration ruling when case had already been noticed for trial and defendant’s conduct operated as waiver of strict compliance with motion requirement

    On September 25, 2019, in De Acosta v. Naples Community Hospital, Inc., No. 2D18-423, the Florida Second DCA reversed a final judgment entered by the trial court pursuant to an arbitration award ...

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  • Florida Third DCA rules that jury was not bound by computation of plaintiff’s life expectancy stipulated to by the parties
    Florida Third DCA rules that jury was not bound by computation of plaintiff’s life expectancy stipulated to by the parties

    On September 11, 2019, in Castle Builders of Miami, Inc. v. Quirantes, No. 3D18-163, the Florida Third DCA affirmed a final judgment against the defendants of $4,376,646.60 in a motor vehicle negligence case ...

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  • Florida Fourth DCA rules that trial judge erred in refusing to recuse himself in a case involving a party with whom the judge had a family relationship
    Florida Fourth DCA rules that trial judge erred in refusing to recuse himself in a case involving a party with whom the judge had a family relationship

    On August 28, 2019, in Rosales v. Bradshaw, No. 4D19-1082, the Florida Fourth DCA ruled that a trial judge erred in refusing to recuse himself from a case in which the Sheriff of Palm Beach County was a party ...

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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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