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Blog Posts in February, 2018

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  • Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sovereign immunity
    Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sovereign immunity

    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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  • Florida Third DCA rules that plaintiff's proposal for settlement to defendant was not invalidated by reference to resolution of attorney's fee claims not sought in complaint
    Florida Third DCA rules that plaintiff's proposal for settlement to defendant was not invalidated by reference to resolution of attorney's fee claims not sought in complaint

    On February 21, 2018, in Castillo v. Costco Wholesale Corp ., No. 3D16-2185, the Florida Third DCA reversed a trial court’s denial of a prevailing plaintiff’s motion for fees and costs based on the ...

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  • Florida Third DCA rules that motion for substitution by decedent's widow prior to her appointment as personal representative extinguished 90-day requirement under Fla.R.Civ.P. 1.260
    Florida Third DCA rules that motion for substitution by decedent's widow prior to her appointment as personal representative extinguished 90-day requirement under Fla.R.Civ.P. 1.260

    On February 14, 2018, in Feller v. R.J. Reynolds Tobacco Company, No. 3D16-2389, the Florida Third DCA reversed a trial court’s order dismissing the plaintiff’s complaint with prejudice due to the ...

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  • Florida Fourth DCA rules that trial court properly excluded defense expert testimony in medical negligence trial but erred in denying plaintiff's motion for attorney's fees
    Florida Fourth DCA rules that trial court properly excluded defense expert testimony in medical negligence trial but erred in denying plaintiff's motion for attorney's fees

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

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  • Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges
    Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges

    On February 16, 2018, in Newman v. Hirst , No. 5D17-2482, the Florida Fifth DCA granted the plaintiff’s petition for certiorari and quashed a trial court’s ruling finding that the plaintiff had ...

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  • Florida Second DCA reverses trial court's order denying additur for unawarded past noneconomic damages despite undisputed evidence of plaintiff's past pain and suffering
    Florida Second DCA reverses trial court's order denying additur for unawarded past noneconomic damages despite undisputed evidence of plaintiff's past pain and suffering

    On February 14, 2018, in Sukraj v. Phoeung , No. 2D17-159, the Florida Second DCA reversed the trial court’s order denying the plaintiff in a motor vehicle negligence lawsuit an additur for unawarded ...

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