Blog Posts By Category

Arbitration
- Florida Fifth DCA rules that defendant in assisted living facility negligence case waived its right to arbitration by attempting to engage in merits discovery after arbitration request June 14, 2019
  On May 24, 2019, in SHP IV Harbour Island, LLC v. Boylan , No. 5D18-423, an assisted living facility negligence case, the Florida Fifth affirmed a trial court’s ruling denying the defendant’s motion ...
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- Florida Fourth DCA vacates medical negligence arbitration award that included damages for loss of companionship and guidance as economic damages not subject to cap on non-economic damages July 5, 2018
  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 ...
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- Florida Fourth DCA affirms trial court's denial of motion to vacate arbitration award; no actual arbitrator bias shown where arbitrator had no knowledge of conflict of interest October 9, 2017
  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 ...
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Bad Faith
- 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 February 18, 2019
  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 Fifth DCA reverses trial court's dismissal of plaintiffs' bad faith lawsuit against home insurer, finds that insurer's payment of policy limits established liability and damages March 29, 2018
  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 ...
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- Florida Fifth DCA quashes trial court order compelling UIM insurer in bad faith case to produce discovery subject to claimed work product and attorney-client privileges January 18, 2018
  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 ...
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Blog
- 6 Tips to Prepare for Hurricane Season June 6, 2019
  Hurricane season is upon us and it is important to be prepared in order to protect yourself and your family from these potentially destructive and dangerous storms. Here are some crucial tips that ...
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Case Law
- Eleventh Circuit affirms plaintiff verdict in Engle progeny tobacco case, finds no due process violation in applying general Engle findings to specific intentional tortious conduct alleged by plaintiff September 14, 2018
  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 ...
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Civil Procedure and Evidence
- Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers March 17, 2020
  On February 26, 2020, in Union Carbide Corporation v. Paul Font, etc., No. 3D18-1529, the Florida Third DCA reversed a final judgment and jury verdict against the defendant asbestos ...
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- Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard March 17, 2020
  On February 12, 2020, in Wendel v. Trustees of Meese Hospital, No. 2D18-3149, the Florida Second DCA reversed a summary judgment entered by the trial court in favor of the defendant ...
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- Florida Fourth DCA rules that e-mail service requirements under Fla. R. Civ. P. 2.516 do not apply to service of a safe harbor notice and proposed motion for sanctions under Fla. Stat. § 57.105 March 17, 2020
  On February 5, 2020, in Cohen v. H.E.C. Cleaning, LLC, No. 4D19-1070, the Florida Fourth DCA reversed a trial court ruling striking a motion for sanctions filed by one of the parties under ...
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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 August 5, 2019
  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 August 2, 2019
  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 August 1, 2019
  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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Civil Rights Violations
- Eleventh Circuit Court of Appeals rules that defendant police officer is entitled to qualified immunity in civil rights lawsuit alleging he used excessive force in accidental shooting of 10-year-old child July 26, 2019
  On July 10, 2019, in Corbitt v. Vickers , No. 17-15566, the Eleventh Circuit Court of Appeals reversed a district court ruling denying a defendant police officer qualified immunity in a civil rights ...
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- Eleventh Circuit finds police officers were entitled to qualified immunity in civil rights lawsuit brought by plaintiff claiming excessive force was used in his arrest for murder July 24, 2019
  On June 14, 2019, in Hinson v. Bias , et al. No. 16-14112, the Eleventh Circuit Court of Appeals vacated a district court’s order denying the defendant police officers’ motion for summary judgment on ...
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- Eleventh Circuit Court of Appeals affirms denial of defendant correctional officer’s motion to dismiss on grounds of qualified immunity in excessive force civil rights lawsuit June 11, 2019
  On May 9, 2019, in Piazza v. Hunter, et al ., No. 18-10487, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendant correctional officer’s motion to dismiss on ...
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Class Actions
- Florida Second DCA reverses trial court's approval of class action settlement in shareholder disclosure lawsuit for failure to assess value of settlement's supplemental disclosures July 23, 2018
  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 ...
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Client Attorney Relationship
- Florida Fourth DCA rules that contingency fee agreement was invalid where there was insufficient evidence that client ratified the agreement after recovering from coma July 5, 2018
  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 ...
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- Florida Fourth DCA rules that attorney was entitled to evidentiary hearing before trial court could compel his testimony under crime-fraud exception to attorney-client privilege June 1, 2017
  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 ...
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Collateral Sources
- Eleventh Circuit rules that Medicare Advantage Organization was not bound by claims-filing provision in Medicare Secondary Payor Act and was not subject to 3-year statute of limitations in lawsuit seeking reimbursement from at-fault driver’s insurance company for conditional payments made on behalf of insured March 17, 2020
  On February 13, 2020, in MSPA Claims 1, LLC v. Kingsway Amigo Insurance Company, No. 18-14980, the Eleventh Circuit Court of Appeals reversed a district court ruling dismissing the lawsuit of a Medicare ...
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Damages
- Florida Fourth DCA rules that 2011 law made 2006 legislative elimination of joint and several and several liability generally retroactive January 9, 2019
  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 ...
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Defamation/Libel
- Florida Second DCA rules that Florida statutory requirement of presuit notice to prospective defendant in libel and slander cases only applies to news media, not movie and book companies July 30, 2019
  On July 10, 2019, in Mazur v. Baraya , No. 2D18-4268, the Florida Second DCA denied a certiorari petition by the defendants in a libel case to overturn a trial court’s ruling denying the defendants’ ...
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- Florida Fourth DCA rules that attorney copying client on “cease and desist letter” to third party did not constitute publication under Florida defamation law July 15, 2019
  On June 12, 2019 in Hoch v. Loren , No. 4D18-1407, the Florida Fourth DCA affirmed a trial court’s dismissal of a plaintiff’s defamation case against the law firm representing the board of directors ...
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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. February 21, 2019
  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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Expert Witnesses
- Florida Fourth DCA that discovery protections afforded defense expert in negligence case extended to non-party corporate entity with which the expert was affiliated July 18, 2019
  On June 12, 2019, in Orthopedic Center of South Florida v. Sode , No. 4D18-3478, the Florida Fourth DCA quashed a trial court order compelling the production of documents by a non-party orthopedic ...
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- Florida Supreme Court adopts Daubert standard for admission of admission of expert testimony June 8, 2019
  On May 23, 2019, in In Re: Amendments to the Florida Evidence Code , No. SC19-107, the Florida Supreme Court adopted the amendments to sections 90.702 and 90.704 of the Florida Evidence passed by the ...
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- Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence July 5, 2018
  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 ...
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False Claims
- Eleventh Circuit rules in False Claims Act qui tam case that 3-year statute of limitations under 31 U.S.C. Section 3731(b)(2) applies regardless of whether government intervenes July 6, 2018
  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 ...
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Insurance Coverage Disputes
- Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be resolved by appraisal pursuant to the insurance contract rather than by court determination August 6, 2019
  On July 12, 2019, in First Protective Insurance Co. v. Colucciello , No. 5D19-31, the Florida Fifth DCA reversed a trial court’s order denying an insurance company’s motion to compel an appraisal ...
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- Florida First DCA rules that insurance coverage under liability policy identifying a named insured as doing business under a fictitious name was limited to business done under that fictitious name June 15, 2019
  On May 28, 2019, in Musselwhite v. Florida Farm General Insurance Company , et al., No. 1D18-780, the Florida First DCA affirmed a trial court ruling that a commercial liability policy purchased by ...
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- Florida Fourth DCA clarifies due process requirements for notification to Medicaid recipient of State Medicaid Fair Hearing on denial of Medicaid services April 3, 2019
  On March 27, 2019, in A.W v. Humana Medicaid Plan , No. 4D18-866, the Florida Fourth DCA reversed a final order of the Agency for Health Care Administration (“AHCA”) that dismissed the plaintiff’s ...
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Intentional Torts
- Florida Second DCA reverses judgment awarding damages for intentional infliction of emotional distress, finding insufficient evidence of emotional distress July 19, 2018
  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 ...
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Jurisdictional Issues
- Florida First DCA rules that corporate shield doctrine bars personal jurisdiction over nonresident corporate officer named as defendant with corporate employer in wrongful death case January 23, 2019
  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 ...
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- Florida Third DCA rules that foreign persons were not subject to service of process individually when compelled to attend U.S. deposition on behalf of defendant corporations January 11, 2018
  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 ...
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- Eleventh Circuit rules that district court lacked jurisdiction under Alien Tort Statute over lawsuit against Chilean army officer for torture occurring in Chile January 10, 2018
  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 ...
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Legal News
- 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 February 18, 2019
  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 "functional equivalent" of a determination that there was a reasonable evidentiary basis for punitive damages February 7, 2019
  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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- Florida Supreme Court resolves DCA split, rules that proposals for settlement need not comply with email service requirements of Fla. R. Jud. Admin. 2.516 January 31, 2019
  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 ...
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Medical Liens and Collateral Sources
- Eleventh Circuit Court of Appeals rules assignee of reimbursement claim of Medicare Advantage Organization was barred from suing medical service providers because private Medicare Secondary Payor Act plaintiff can only sue primary plans for reimbursement March 22, 2019
  On March 18, 2019, in MSPA Claims 1, LLC, v. Tenet Florida, Inc. , No. 18-11816, the Eleventh Circuit Court of Appeals affirmed a district court ruling barring a claim to enforce a Medicare Advantage ...
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- Florida Fifth DCA rules that trial court erred by failing to apply collateral source setoff for Social Security disability payments to personal injury jury verdict February 6, 2018
  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 ...
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- Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's statutory right to double damages against tortfeasor's liability insurer January 31, 2018
  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 ...
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Medical Negligence
- Florida Third DCA finds that trial court did not abuse discretion in allowing testimony in medical negligence trial from treating physicians which the plaintiff alleged contained impermissible standard of care and causation opinions May 12, 2020
  On April 1, 2020, in McDuffie v. Uribe, No. 3D18-2558, the Florida Third DCA affirmed a defense verdict in a medical negligence case filed by former Miami Dolphins player O.J. McDuffie ...
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- Florida First DCA rules that medical negligence allegation cannot form the basis of a claim of abuse claim under Florida’s Adult Protective Services Act and health care provider tortfeasor was not entitled to allocate fault with independent, subsequent tor August 9, 2019
  On July 15, 2019, in Specialty Hospital-Gainesville, Inc. v. Barth, No. 1D18-511, the Florida First DCA reversed a judgment in favor of the plaintiff in case which was brought under both Florida’s ...
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- Florida Fourth DCA reverses multi-million dollar judgment for plaintiff in medical negligence lawsuit on the basis of improper informed consent jury instruction July 12, 2019
  On June 12, 2019, in Sherrer v. Hollingsworth , No. 4D18-830, a medical negligence case, the Florida Fourth DCA reversed a multi-million dollar plaintiff’s verdict and ordered a new trial after ...
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- Florida Fourth DCA rules that defendant dentists were entitled to dismissal of patient’s lawsuit based on plaintiff’s failure to conduct statutorily required medical negligence pre-suit investigation April 5, 2019
  On March 27, 2019, in Seider v. Leibner , No. 4D18-3363, the Florida Fourth DCA granted the defendant dentists’ petition to quash a trial court order denying their motion to dismiss the lawsuit ...
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Motor Vehicle Negligence
- Florida Second DCA’s rules that Florida Dangerous Instrumentality doctrine does not extend liability to family member bailee of title owner’s vehicle who in turn entrusts vehicle to a third party May 12, 2020
  On April 1, 2020, in Lambert v. Emerson, No. 2D18-1872, the Florida Second DCA reversed a trial court’s denial of a defendant’s motion for a directed verdict ...
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- Florida First DCA affirms directed verdict for plaintiff on issue of permanency in motor vehicle negligence case; finds that jury is not free to ignore undisputed expert evidence as to permanency August 8, 2019
  On July 15, 2019, in Chappell v. Clark , No. 1S17-1806, the Florida First DCA affirmed a trial court ruling in a motor vehicle negligence case which granted the plaintiff’s motion for a directed ...
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- Florida Fourth DCA rules that insufficient evidence of aggravation of preexisting condition was presented at motor vehicle negligence trial to allow for jury instruction on issue July 19, 2018
  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 ...
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- Florida Fourth DCA affirms trial court's enforcement of settlement agreement between parties, concludes that disputed language of release did not prevent meeting of the minds March 5, 2018
  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 ...
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NICA – Florida Birth-Related Neurological Injury Compensation
- Florida Third DCA rules that plaintiffs electing to pursue a civil action in lieu of NICA benefits under the exception to NICA exclusivity in § 766.303(2) were permitted to dismiss NICA petition prior to determination of final award amount October 31, 2019
  On August 28, 2019, in Florida Birth-Related Neurological Injury Compensation Association v. Jimenez, No. 3D18-1814, the Florida Third DCA affirmed an ALJ’s order granting the plaintiff’s voluntary dismissal of their claim in an administrative proceeding filed pursuant to the terms of the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301-.316, Florida Statutes (2018) ...
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Personal Injury
- Florida Third DCA affirms summary judgment for defendant insurance company in PIP lawsuit, finding that the plaintiff’s pre-suit demand letter was statutorily deficient March 12, 2021
  On February 24, 2021, in Rivera v. State Farm Mutual Automobile Insurance Company, No. 3D21-27, the Florida Third DCA affirmed a county court’s final judgment for the defendant insurance company...
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- Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP”) insurance reimbursement March 17, 2020
  On February 26, 2020, in Geico General Insurance Co. v. Beacon Healthcare Ctr. Inc. et al., No. 3D18-2030, the Florida Third DCA considered three consolidated appeals in which the Miami-...
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- Florida Second DCA finds that county school board was not exempt from PIP insurer’s reimbursement demand for benefits paid to injured school bus passengers June 13, 2019
  On May 24, 2019, in Lee County School Board v. State Farm , No. 2D17-4595, the Florida Second DCA affirmed a trial court order finding the Lee County School Board and its insurer liable to State Farm ...
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- 6 Tips to Prepare for Hurricane Season June 6, 2019
  Hurricane season is upon us and it is important to be prepared in order to protect yourself and your family from these potentially destructive and dangerous storms. Here are some crucial tips that ...
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- Florida Supreme Court resolves DCA conflict, rules that PIP insurer must apply PIP deductible before reduction based on statutory schedule of maximum charges January 17, 2019
  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, ...
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Physical Impact Rules
- Florida Fourth DCA finds that that "impact rule" barred parents' recovery of damages for emotional distress arising from funeral home’s allegedly negligent loss of infant's cremated ashes April 27, 2020
  On March 11, 2020, in Williams v. Boyd-Panciere Family Funeral Care, Inc., No. 4D19-473, the Florida Fourth DCA affirmed a summary judgment for the defendant ...
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Premises Liability
- Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP) insurance reimbursement March 17, 2020
  On February 26, 2020, in Geico General Insurance Co. v. Beacon Healthcare Ctr. Inc. et al., No. 3D18-2030, the Florida Third DCA considered three consolidated appeals in which the Miami-Dade County Court had ...
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- Florida Third DCA finds that defendant condominium building owner was jointly and severally liable with independent contractor for plaintiff’s personal injury damages in premises liability case March 17, 2020
  On February 26, 2020, in Walters v. Beach Club Villas Condominium, Inc., No. 3D17-0753, the Florida Third DCA reversed a trial court’s ruling that a defendant in a premises liability case was ...
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- Florida Fourth DCA rules that grocery store defendant in slip and fall case was entitled to summary judgment because there were no disputed factual issues about the store’s constructive knowledge of spill March 17, 2020
  On February 19, 2020, in Oliver v. Winn-Dixie Stores, Inc., No. 4D19-291, the Florida Fourth DCA affirmed a summary judgment entered by the trial court in favor of the grocery store ...
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- Florida Third DCA rules that hotel guest who was not at hotel when tort was committed owed no duty of care to companion who remained at the hotel and was killed by third party March 17, 2020
  On February 19, 2020, in The Waves of Hialeah, Inc. v. Machado, et al., No. 3D18-300, the Florida Third DCA affirmed the trial court’s directed verdict excluding the defendant’s requested ...
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- Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street median was an issue of material fact for the jury July 31, 2019
  On July 10, 2019, in Bejarano v. City of Coral Gables , No, 3D17-2636, the Florida Third DCA reversed a summary judgment entered by the trial court for the defense in a premises liability case ...
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- Florida Fourth DCA reverses trial court’s dismissal of plaintiff’s slip and fall complaint; plaintiff’s knowledge of dangerous condition raised comparative negligence issue rather than bar to claim for failure to maintain the premises in a reasonable safe July 16, 2019
  On June 12, 2019, in Leon v. Pena, et al , No. 4D18-2071, the Florida Fourth DCA reversed a trial court’s dismissal of the plaintiff’s slip and fall negligence lawsuit against her landlords for ...
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- Florida Fifth DCA reverses trial court’s dismissal of plaintiff’s pro se premises liability negligence complaint against county library, finds that plaintiff sufficiently stated claim against library June 21, 2019
  On May 31, 2019, in Maldonado v. Orange County Public Library System , No. 5D18-2800, the Florida Fifth DCA reversed a trial court’s dismissal of the plaintiff’s complaint against the defendant county ...
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Privileges
- Florida Second DCA denies plaintiff’s request for property insurer’s claim file in dispute with insurer over denial of property damage claim, finds work product privilege applies due to prospect of litigation even though no litigation ever occurred on that claim March 17, 2020
  On February 7, 2020, in Progressive American Insurance Company v. Herzoff, No. 2D19-2342, the Florida Second DCA quashed a discovery order entered by the trial court which had required ...
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- Florida Fourth DCA rules that absolute immunity for communications during judicial proceedings does not provide immunity to a psychotherapist for revealing communications regarding a patient contrary to section Fla. Stat. § 490.0147 May 2, 2019
  On April 24, 2019, in Estape v. Seidman , No. 4D17-3336, the Florida Fourth DCA reversed a summary judgment entered for a defendant psychotherapist in a case in which the plaintiff alleged that the ...
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Product Liability
- Florida Supreme Court approves changes to product liability jury instructions March 17, 2020
  On February 27, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 19-03, the Florida Supreme Court amended several Standard Jury Instructions ...
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- Eleventh Circuit rules trial court's erroneous jury instruction on statute of limitations in Engle progeny tobacco case harmless because plaintiff first diagnosed with COPD within limitations period March 12, 2018
  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 ...
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- Florida Third DCA denies new trial to tobacco company on defective product claim, finding no reversible error in failure to charge jury on "consumer expectations" test not relied upon by plaintiff July 6, 2017
  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 ...
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- Florida Third DCA affirms trial court's denial of defendant's motion to dismiss product liability claim on forum non conveniens grounds April 29, 2017
  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 ...
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Professional Negligence
- Florida Fifth DCA reverses trial court’s dismissal of plaintiffs’ professional negligence complaint against mortgage foreclosure defense attorney; concludes that complaint was ripe for litigation even though the full extent of plaintiffs’ losses had not ye March 4, 2019
  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 ...
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- Florida Third DCA affirms dismissal of legal malpractice case because plaintiff was not in privity with or an intended beneficiary of defendant's legal services October 19, 2018
  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 ...
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- Florida Fourth DCA rules that trial court erred in entering summary judgment for law firm defendant in professional negligence lawsuit involving mortgages with erroneous property descriptions July 20, 2018
  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 ...
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Proposals for Settlement
- Florida Third DCA rules that defendant’s nominal proposal for settlement was not made in bad faith because defense had well-founded and correct belief that sovereign immunity barred lawsuit July 25, 2019
  On June 19, 2019, in Miccosukee Tribe of Indians of Florida v. Lewis Tein , P.L ., et al. , No, 3D18-1132, the Florida Third DCA reversed a trial court’s ruling that the prevailing defendant was not ...
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- Florida Fifth DCA rules that cost of non-testifying expert is not a taxable cost that can be counted in determining whether 125% proposal for settlement threshold has been passed to qualify for award of attorney’s fees and costs under Fla. Stat. § 768.79 July 19, 2019
  On June 14, 2019, in R.J. Reynolds Tobacco Company v. Lewis , No. 5D17-773, the Florida Fifth DCA reversed a trial court’s award of attorney’s fees and costs to a prevailing plaintiff in an Engle ...
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- Florida Second DCA rules that Florida’s proposal for settlement statute, Section 768.79, was inapplicable to negligence case governed by federal maritime law April 25, 2019
  On April 17, 2019, in Marco Marine Construction, Inc. v. Kopras , No. 2D17-1734, the Florida Second DCA reversed a trial court’s ruling granting the prevailing plaintiff attorney’s fees under Section ...
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Protection Insurance
- Florida Second DCA finds that county school board was not exempt from PIP insurer’s reimbursement demand for benefits paid to injured school bus passengers June 13, 2019
  On May 24, 2019, in Lee County School Board v. State Farm , No. 2D17-4595, the Florida Second DCA affirmed a trial court order finding the Lee County School Board and its insurer liable to State Farm ...
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Punitive Damages
- Florida Second DCA reviews procedural rules for punitive damages claim in nursing home negligence case, finds trial court did not make necessary finding regarding evidence of nursing home’s direct or vicarious liability for actions of employees July 8, 2019
  On June 12, 2019, in Carpenters Homes Estate, Inc, v. Sanders, No. 2D18-2608, the Florida Second DCA granted a petition for writ of certiorari filed by the defendant nursing home in a nursing home ...
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- Florida First DCA affirms denial of plaintiff’s motion to add punitive damages claim against defendant corporation; emergency room supervisor was not a “manager” under F.S. § 768.72(3) whose conduct could expose the defendant corporation to liability for p June 7, 2019
  On May 16, 2019, in Tallahassee Memorial HealthCare v. Dukes , No. 1D18-2426, the Florida First DCA affirmed the trial court’s denial of a plaintiff’s motion to add punitive damages claim against the ...
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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 May 8, 2019
  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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Qui Tam
- Eleventh Circuit vacates trial court's dismissal of qui tam relator's claim against defense contractor; remands for review of complaint's sufficiency under implied certification theory February 13, 2018
  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 ...
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- Eleventh Circuit affirms summary judgment for qui tam defendant, finding insufficient evidence that defendant knew it failed to comply with ambiguous Medicare regulations June 9, 2017
  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 ...
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- Eleventh Circuit Court of Appeals affirms trial court's approval of government's settlement agreement with False Claims Act qui tam defendant over relators' objection May 7, 2017
  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 ...
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Settlement
- Florida Third DCA affirms trial court's denial of prevailing defendant's motion for attorney's fees December 26, 2018
  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 ...
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- Florida Third DCA withdraws previous opinion, holds that joint proposal for settlement was fatally ambiguous November 20, 2018
  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 ...
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- Florida Supreme Court rules that plaintiff's proposals for settlement to defendants were valid November 13, 2018
  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 ...
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Sovereign Immunity
- Florida First DCA rules that liability of law enforcement agency for injuries caused by motor vehicle pursuit requires proof of officer’s recklessness exceeding gross negligence July 1, 2019
  On June 12, 2019, in Ross v. City of Jacksonville , No. 1D18-2994, the Florida First DCA considered as a matter of first impression the application of the current version of Section 768.28(9)(d), ...
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- Florida Third DCA rules that sovereign immunity shielded county from liability for discretionary decisions made concerning allocation of resources to provide security for park partygoers July 6, 2018
  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 ...
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- Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sovereign immunity February 27, 2018
  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 ...
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Statute of Limitations
- Florida First DCA rules that relation back doctrine applied to amended complaint in wrongful death case involving state prison inmate, permitting filing after expiration of statute of limitations June 12, 2019
  On May 21, 2019, in Halveland v. Florida Department of Corrections , No. 1D18-1822, the Florida First DCA reversed a trial court ruling which had denied a plaintiff’s motion to amend her complaint ...
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- Florida Third DCA affirms trial court’s dismissal of plaintiff’s negligence complaint against surveyor, rejects application of delayed discovery doctrine to statute of limitations bar April 15, 2019
  On April 10, 2019, in Broz v. R.E. Reece , No. 3D18-273, the Florida Third DCA affirmed the trial court’s dismissal of a homeowner’s negligence complaint against the surveyor who prepared the property ...
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- Florida Fifth DCA rules that four-year negligence statute of limitations in child sex abuse case began running on date of abuse rather than later date of discovery July 17, 2018
  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 ...
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Tobacco Litigation
- Florida Fourth DCA finds that tobacco company defendant’s use of the term “filter” in advertising its cigarettes was a deceptive statement because filters do nothing to make cigarettes healthier March 17, 2020
  On February 26, 2020, in R.J. Reynolds Tobacco Company v. Burgess, No. 4D18-3014, the Florida Fourth DCA affirmed a $3 million judgment for the plaintiff, the surviving spouse of the ...
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- Florida Third DCA rules that trial court committed reversible error by allowing the plaintiff to testify that her physicians had told her that her lung cancer was caused by cigarette smoking March 25, 2019
  On March 20, 2019, in Phillip Morris USA v. Gloger , No. 3D18-341, the Florida Third DCA reversed a final judgment for an Engle -progeny tobacco plaintiff and remanded the caser for a new trial due to ...
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- Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims January 29, 2018
  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 ...
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- Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims January 18, 2018
  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 ...
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Toxic Torts
- Florida Supreme Court rules that Florida’s 1983 Water Quality Assurance Act permits recovery for personal injuries January 17, 2020
  On December 19, 2019, in Lieupo v. Simon’s Trucking, Inc., No. SC18-657, the Florida Supreme Court answered a certified question of great public importance from the Florida First DCA ...
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Uninsured Motorist
- Florida Second DCA reverses trial court ruling that plaintiff was covered under her sister’s Uninsured Motorist policy; because rental car was not a “covered auto,” plaintiff was not an “insured person” entitled to coverage under the policy June 10, 2019
  On May 15, 2019, in Progressive American Insurance Company v. Pawelczyk , No. 2D18-1651, the Florida Second DCA reversed a trial court’s ruling that the plaintiff in a declaratory judgment action was ...
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- Florida Second DCA rules that standard State Farm UM policy language permissibly excludes coverage for injuries sustained by household family members in vehicles for which UM coverage has not been purchased. October 26, 2018
  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 ...
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- Florida Fourth DCA rules GEICO's online form to elect non-stacked UM coverage invalid under Fla. Stat. Section 627.727, precluding possibility of oral waiver by insured July 9, 2018
  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. ...
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Vicarious Liability
- Florida Fifth DCA rules that whether pizza chain was vicariously liable for negligent conduct by a franchisee's employee was a disputed question of agency subject to jury determination July 9, 2018
  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 ...
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Whistleblower
- Florida First DCA affirms dismissal of whistleblower complaint brought by public university student, concluding that only public employees are entitled to the protections of the Florida Whistle-blowers Act June 3, 2019
  On May 6, 2019, in Bradford v. Florida A&M University Board of Trustees , the Florida First DCA affirmed the dismissal of a whistleblower complaint that had been filed with the Florida Commission of ...
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- Florida Fourth DCA denies certiorari petition of plaintiff whistleblower seeking temporary employment reinstatement under Florida Whistle-blower’s Act. May 30, 2019
  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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- Florida Second DCA rules that plaintiff’s lawsuit under Florida Whistle-blower’s Act was subject to dismissal for failure to first pursue administrative remedies April 29, 2019
  On April 26, 2019, in The School Board of Hillsborough County v. Woodford , No. 2D18-1463, the Florida Second DCA reversed a trial court’s denial of the defendant school board’s motion to dismiss in a ...
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Workers Comp
- Florida First DCA rules that subcontractor's corporate officer who elected exemption from Workers' Compensation Law was not entitled to bring tort claim general contractor November 22, 2017
  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 ...
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- Florida Fourth DCA affirms summary judgment for defendant company on the basis that work injury to "borrowed employee" was subject to Worker's Compensation immunity May 28, 2017
  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 ...
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Wrongful Death
- Fourth DCA rules that law firm that allegedly maintained open bar for employees was not liable under Reverse Dram Shop Act for employee's subsequent accidental death while intoxicated July 19, 2018
  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 ...
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- Florida Third DCA rules that federal Death on the High Seas Act is inapplicable to deaths occurring within Florida's territorial waters extending up to shoreward edge of Gulf Stream July 18, 2018
  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 ...
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- Florida Fifth DCA rules that plaintiff who married decedent after the date of the injury leading to his death could still recover damages under Wrongful Death Act July 9, 2018
  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 ...
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Zone of Risk Negligence
- Florida Fourth DCA affirms dismissal of negligence lawsuits brought by Pulse nightclub shooting victims against employer of shooter. May 12, 2020
  On April 1, 2000, in Abad, et al, v. G4S Secure Solutions (USA), Inc., No. 4D18-2658, the Florida Fourth DCA affirmed a trial court’s dismissal of the plaintiff’s consolidated negligence lawsuits against the defendant security company ...
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