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Blog Posts in 2020

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  • Florida Third DCA finds that additional allegations in plaintiff’s summary judgment affidavit beyond allegations contained in deposition testimony did not invalidate affidavit

    On April 29, 2020, in Najeera v. Tropical Supermarket Corp., No 3D18-2255, the Florida Third DCA reversed a summary judgment ...

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  • Florida Second DCA rules that trial court erred in granting summary judgment to defendant in slip and fall premises liability case

    On April 29, 2020, in Norman v. DCI Biologicals Dunedin, LLC, No. 2D183065, the Florida Second DCA reversed a summary judgment entered ...

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  • Florida First DCA rules that insured was prohibited from recovering non-stacked benefits under UM policy after electing stacked benefits under separate UM policy

    On April 27, 2020, in Hoffman v. Progressive Insurance Company, No. 1D19-1218, the First DCA affirmed a trial court ruling that the plaintiff was not entitled ...

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  • Florida First DCA rejects essential government functions test in determining defendant’s sovereign immunity status

    On April 21, 2020, in Operations Management International, Inc. v. Johnson, No. 1D19-3393, the First DCA affirmed a trial court’s denial ...

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  • Florida First DCA affirms Administrative Law Judge reduction of Medicaid lien in personal injury settlement by 91% due to the settlement discount from total damages

    On April 17, 2020, in Agency for Health Care Administration v. Rodriguez, No. 1D19-1454, the Florida First DCA affirmed a ALJ’s ...

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  • Eleventh Circuit reverses district court summary judgment for defendant cruise line in premises liability slip and fall case

    On April 15, 2020, in Carroll v. Carnival Corporation, No. 17-13602, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for the defendant cruise line in a premises liability slip and fall case ...

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  • Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant Seminole County in civil rights case alleging unlawful detention

    On April 15, 2020, in Barnett v. MacArthur, et al, No. 18-12238, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for defendant Seminole County in a civil rights case ...

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  • 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

    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 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

    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 Fourth DCA affirms dismissal of negligence lawsuits brought by Pulse nightclub shooting victims against employer of shooter.

    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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  • Eleventh Circuit rules that plaintiff who voluntarily dismissed federal lawsuit was not liable for costs under Fed. R. Civ. P. 41(d) after refiling claim in Florida state court
    Eleventh Circuit rules that plaintiff who voluntarily dismissed federal lawsuit was not liable for costs under Fed. R. Civ. P. 41(d) after refiling claim in Florida state court

    On March 2, 2020, in Sargeant v. Hall, No. 18-15205, the Eleventh Circuit Court of Appeals affirmed a Southern District of Florida ruling that a plaintiff who voluntarily dismissed a federal lawsuit was not liable for costs ...

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  • Florida Supreme Court revises rules for authorization of standard jury instructions
    Florida Supreme Court revises rules for authorization of standard jury instructions

    On March 5, 2020, in IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF CIVIL PROCEDURE, AND THE FLORIDA RULES OF CRIMINAL PROCEDURE—STANDARD JURY INSTRUCTIONS ...

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  • Florida Third DCA rules in slip and fall case that grocery store defendant had obligation to preserve video upon receipt of presuit request to do so, but was not subject to adverse inference jury instruction for failure to monitor area of fall by camera or logged inspection
    Florida Third DCA rules in slip and fall case that grocery store defendant had obligation to preserve video upon receipt of presuit request to do so, but was not subject to adverse inference jury instruction for failure to monitor area of fall by camera or logged inspection

    On March 4, 2020, in Pena v. Bi-Lo Holdings, LLC, No. 3D19-0581, the Florida Third DCA affirmed a trial court ruling which denied a slip and fall plaintiff’s request for an adverse inference jury instruction ...

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  • Florida First DCA rules that PIP statute does not create a private cause of action for an insured to challenge the reasonableness of a health care provider’s charges
    Florida First DCA rules that PIP statute does not create a private cause of action for an insured to challenge the reasonableness of a health care provider’s charges

    On March 12, 2020, in MacNeil v. Crestview Hospital Corporation, No. 1D18-1958, the Florida First DCA affirmed a trial court ruling dismissing the plaintiff’s putative class action ...

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  • Florida First DCA reverses Administrative Law Judge’s denial of reduction of Medicaid lien asserted against medical negligence recovery involving a brain damaged infant
    Florida First DCA reverses Administrative Law Judge’s denial of reduction of Medicaid lien asserted against medical negligence recovery involving a brain damaged infant

    On March 12, 2020, in Bryan v. State of Florida, Agency for Health Care Administration (AHCA), No. 1D18-3417, the Florida First DCA reversed an Administrative Law Judge’s denial of a reduction ...

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  • Florida Second DCA rules that party was under no duty to prepare privilege log until after all non-privilege objections to discovery request were resolved
    Florida Second DCA rules that party was under no duty to prepare privilege log until after all non-privilege objections to discovery request were resolved

    On March 13, 2020, in Avatar Property & Casualty Insurance Company v. Jones, No. 2D19-243, the Florida Second DCA quashed a trial court order requiring an insurance company to produce an investigator’s photos ...

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  • Florida Second DCA reverses trial court order granting plaintiff new trial in motor vehicle negligence case, finds that trial court abused its discretion by acting as a “super-juror” and disregarding the jury’s verdict
    Florida Second DCA reverses trial court order granting plaintiff new trial in motor vehicle negligence case, finds that trial court abused its discretion by acting as a “super-juror” and disregarding the jury’s verdict

    On March 11, 2020, in Valenty v. Saraiva, No. 2D18-4002, the Florida Second DCA reversed a trial court’s order granting a new trial to the plaintiff ...

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  • Florida Second DCA reverses trial court order granting defendant new trial in negligent hiring case involving high school football coach who allegedly physically abused student
    Florida Second DCA reverses trial court order granting defendant new trial in negligent hiring case involving high school football coach who allegedly physically abused student

    On March 11, 2020, in Robinson v. Polk County School Board, No. 2D19-421, the Florida Second DCA reversed a trial court order which had granted the Polk County School Board a new trial ...

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  • 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
    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

    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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  • Florida Second DCA finds that plaintiff failed to comply with medical negligence presuit requirements by failing to timely provide expert affidavit to defendant doctor
    Florida Second DCA finds that plaintiff failed to comply with medical negligence presuit requirements by failing to timely provide expert affidavit to defendant doctor

    On March 18, 2020, in Brundage v. Evans, No. 2D19-1441, the Florida Second DCA quashed a trial court’s order denying the defendant medical providers’ motion ...

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  • Florida Fourth DCA affirms trial court’s summary judgment for defendants due to plaintiff’s failure to meet “but for” causation standard in benzene-exposure product liability case involving defendants who made minimal contributions to plaintiff’s overall exposure
    Florida Fourth DCA affirms trial court’s summary judgment for defendants due to plaintiff’s failure to meet “but for” causation standard in benzene-exposure product liability case involving defendants who made minimal contributions to plaintiff’s overall exposure

    On March 18, 2020, in O’Donnell v. W.F. Taylor Co., et al, No. 4D18-3772, the Florida Fourth DCA affirmed a trial court’s summary judgment ...

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  • Florida Second DCA rules that trial court erred in granting summary judgment to defendant Pinellas County in a personal injury lawsuit alleging that the County negligently maintained roadway and failed to warn of dangerous condition
    Florida Second DCA rules that trial court erred in granting summary judgment to defendant Pinellas County in a personal injury lawsuit alleging that the County negligently maintained roadway and failed to warn of dangerous condition

    On March 25, 2020, in Brannick v. Pinellas County, No. 2D19-2422, the Florida Second DCA reversed a trial court ruling grant summary judgment to defendant ...

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  • Florida Fourth DCA rules that in determining monetary limits for vehicle owner liability under Fla. Stat. 324.021, insurance proceeds available to at-fault driver include coverage under owner’s policy.
    Florida Fourth DCA rules that in determining monetary limits for vehicle owner liability under Fla. Stat. 324.021, insurance proceeds available to at-fault driver include coverage under owner’s policy.

    On March 25, 2020, in Walker v. Geico Indemnity Company, et al. No. 4D18-3706, the Florida Fourth DCA affirmed a trial court ruling for the defense in a motor vehicle negligence case, holding ...

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  • Florida Fifth DCA rules that disputed issues of fact and conflicting expert opinions precluded summary judgment in medical negligence case against hospital involving allegedly negligent administration of contaminated heparin
    Florida Fifth DCA rules that disputed issues of fact and conflicting expert opinions precluded summary judgment in medical negligence case against hospital involving allegedly negligent administration of contaminated heparin

    On March 27, 2020, in Dumigan v. Holmes Regional Medical Center, No. 5D19-1491, the Florida Fifth DCA reversed a trial court ruling which had granted ...

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  • 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
    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

    On February 7, 2020, in Progressive American Insurance Company v. Herzoff, No. 2D19-2342, the Florida Second DCA quashed ...

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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
    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

    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 ...

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  • 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
    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

    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 ...

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  • Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard
    Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard

    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 ...

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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
    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

    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 ...

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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
    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

    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 defendant ...

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  • Florida Supreme Court approves changes to product liability jury instructions
    Florida Supreme Court approves changes to product liability jury instructions

    On February 27, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 19-03, the Florida Supreme ...

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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
    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

    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 ...

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  • Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers
    Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers

    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 ...

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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
    Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP) insurance reimbursement

    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 ...

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  • Florida Third DCA reverses trial court’s summary judgment for defendant in slip and fall case, finds that trial court erred in rejecting affidavit from plaintiff’s witness containing new allegations that did not “baldly repudiate” affiant’s prior deposition testimony
    Florida Third DCA reverses trial court’s summary judgment for defendant in slip and fall case, finds that trial court erred in rejecting affidavit from plaintiff’s witness containing new allegations that did not “baldly repudiate” affiant’s prior deposition testimony

    On February 26, 2020, in Williams v. Ryta Food Corp, No. 3D19-0126, the Florida Third DCA reversed a summary judgment entered by the trial court in favor ...

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  • 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
    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

    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 ...

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  • Florida Fourth DCA declines certiorari review of trial court order granting amendment of complaint to include punitive damages, noting lack of authority to conduct substantive certiorari review
    Florida Fourth DCA declines certiorari review of trial court order granting amendment of complaint to include punitive damages, noting lack of authority to conduct substantive certiorari review

    On January 8, 2020, in Sapp v. Olivares, No. 4D19-2190, the Florida Fourth DCA declined to exercise certiorari review ...

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  • Florida Third DCA rules that Florida’s statutory waiver of sovereign immunity for government agents who act in bad faith or in a wanton manner does not abrogate absolute immunity of public officials who make statements within the scope of their duties
    Florida Third DCA rules that Florida’s statutory waiver of sovereign immunity for government agents who act in bad faith or in a wanton manner does not abrogate absolute immunity of public officials who make statements within the scope of their duties

    On January 2, 2020, in Quintero v. Diaz, No. 3D18-2545, the Florida Third DCA affirmed a trial court ruling that the former mayor of Sweetwater, ...

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  • Eleventh Circuit rules that “but-for” test applies in determining whether employer’s firing of alleged whistleblower was a retaliatory act sanctionable under False Claims Act
    Eleventh Circuit rules that “but-for” test applies in determining whether employer’s firing of alleged whistleblower was a retaliatory act sanctionable under False Claims Act

    On January 3, 2020, in Nesbitt v. Candler County, Georgia, No. 18-14484, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment ...

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  • Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them
    Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them

    On January 3, 2020, in Tortorella-Andrews v. Delvecchio, No. 2D19-844, the Florida Second DCA issued a per curiam denial of a writ for certiorari that had been filed by a defendant ...

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  • Florida Fifth DCA finds that defense counsel’s improper closing argument did not violate fundamental fairness standard of review for retrial
    Florida Fifth DCA finds that defense counsel’s improper closing argument did not violate fundamental fairness standard of review for retrial

    On January 31, 2020, in Orange County et al. v. Ferguson, No. 5D18-2405, the Florida Fifth DCA reversed a trial court order which had directed a verdict in favor of the plaintiff in a premises ...

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  • Florida First DCA rules that defendants in personal injury lawsuit were not estopped from claiming workers’ compensation immunity despite taking position in workers’ compensation proceeding that plaintiff’s claim was not covered by workers’ compensation
    Florida First DCA rules that defendants in personal injury lawsuit were not estopped from claiming workers’ compensation immunity despite taking position in workers’ compensation proceeding that plaintiff’s claim was not covered by workers’ compensation

    On January 22, 2020, in McNair v. Dorsey, et al, No. 1D18-698, the Florida First DCA ruled that the defendants in personal injury lawsuit were not estopped from claiming ...

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  • Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, finds genuine issue of material fact in dispute as to whether owner knew or had reason to know the invitee was ill or injured and failed to seek medical assistance for him
    Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, finds genuine issue of material fact in dispute as to whether owner knew or had reason to know the invitee was ill or injured and failed to seek medical assistance for him

    On January 15, 2020, in Bryan v. Galley Maid Marine Products, Inc., No. 4D18-3699, the Florida Fourth DCA reversed a summary judgment entered by the trial court ...

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  • Florida Second DCA rules that medical records company committed FUPTA violation in charging higher rates for records ordered by patient’s attorney rather than patient
    Florida Second DCA rules that medical records company committed FUPTA violation in charging higher rates for records ordered by patient’s attorney rather than patient

    On January 15, 2020, in Webber v. Bactes Imaging Solutions, Inc., No. 2D18-2964, the Florida Second DCA reversed a trial court’s summary judgment ...

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  • Florida Supreme Court amends Rule of Appellate Procedure 9.130 to expand the availability of appellate review of nonfinal orders denying sovereign immunity, denying immunity in civil rights claims arising under federal law, and denying immunity under section 768.28(9), Florida Statutes.
    Florida Supreme Court amends Rule of Appellate Procedure 9.130 to expand the availability of appellate review of nonfinal orders denying sovereign immunity, denying immunity in civil rights claims arising under federal law, and denying immunity under section 768.28(9), Florida Statutes.

    On January 23, 2020, in IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130, the Florida Supreme Court amended Florida Rule of Appellate Procedure ...

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  • Florida Supreme Court authorizes amendments to standard civil jury instructions and model instructions
    Florida Supreme Court authorizes amendments to standard civil jury instructions and model instructions

    On January 23, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES— REPORT 2019-04, the Florida Supreme Court authorized ...

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  • Florida Third DCA reverses trial court dismissal of negligence case against auto repair shop, rejects trial court’s conclusion that plaintiff’s theory of the case relied on impermissible stacking of inferences
    Florida Third DCA reverses trial court dismissal of negligence case against auto repair shop, rejects trial court’s conclusion that plaintiff’s theory of the case relied on impermissible stacking of inferences

    On January 22, 2020, in Desvarieux v. Bridgestone Retail Operations, LLC, No. 3D17-2019, the Florida Third DCA reversed a summary judgment entered by the trial court in favor of the defendant auto repair ...

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