Civil Procedure & Evidence Blog | Sands, White & Sands, PA

Florida Fifth DCA grants writ of mandamus compelling trial court to set trial date in negligence case December 12, 2021

On November 12, 2021, in Bush-Radomski v. Krisan, No. 5D21-1777, the Florida Fifth DCA granted the plaintiff in a negligence case a writ of mandamus compelling he trial court to set a trial date. The Fifth DCA found that because the case was procedurally...

Florida Supreme Court revises Florida Rule of Civil Procedure 1.280 governing discovery requests November 8, 2021

On October 7, 2021, the Florida Supreme Court enacted minor revisions to Fla. R. Civ. P. 1.280 governing discovery requests to parties. First, a new subdivision titled “Form of Responses to Written Discovery Requests,” is added to rule 1.280...

Florida Third DCA reverses judgment for medical negligence plaintiff due to trial court’s failure to expressly consider all remittitur statutory factors set forth in Fla. Stat. § 768.74(5) November 8, 2021

On October 13, 2021, in Baptist Health Medical Group Orthopedics, LLC, et al, v. Fernandez, No. 3D20-0861, the Florida Third DCA reversed a trial court order denying a medical negligence defendant’s motion for remittitur of the plaintiff’s...

Florida Fifth DCA denies certiorari review of allegedly overbroad and burdensome discovery request on jurisdictional grounds November 8, 2021

On October 22, 2021, in Werner Enterprises, Inc. v. Sweeney, et al., No. 5D21-857, the Florida Fifth DCA issued a per curiam decision dismissing a party’s certiorari petition seeking a review of a trial court order compelling better answers to an...

Florida Third DCA reverses punitive damage award and remands for new trial after finding that trial court excluded proposed expert testimony based on plaintiff’s late disclosure without first conducting prejudice analysis required under Florida Supreme Court’s Binger decision November 8, 2021

On October 27, 2021, in Callari v. Winklejohn, No. 3D20-0870, the Florida Third DCA ruled in a motor vehicle negligence case that the trial court committed reversible error when it denied the plaintiff the right to have an accountant expert...

Florida Fifth DCA find that trial court’s refusal to permit plaintiff to publish deposition of defendant’s designated corporate representative constituted reversible error November 8, 2021

On October 29, 2021, in Demoura v. The Travelers Home and Marine Insurance Company, No. 5D21-109, the Florida Fifth DCA reversed a directed verdict for the defendant insurance company in a motor vehicle negligence case and remanded...

Florida Fourth DCA rules that trial court’s denial of defendant’s forum non conveniens transfer motion so that parties could be compelled to first attend non-binding arbitration was an abuse of discretion October 12, 2021

On September 1, 2021, in Graham v. Virgil, No. 4D21-877, the Florida Fourth DCA reversed a trial court order which had denied the motion filed by the defendant in a negligent security case to transfer the case from Broward County...

Florida Fourth DCA reverses trial court’s additur of $225,000 to plaintiff’s recovery against premises liability defendant, finding that trial court abused discretion in disturbing jury verdict October 12, 2021

On September 8, 2021, in Kocik v. Rodriguez, No. 4D19-3534, the Florida Fourth DCA reversed a trial court’s ruling in a personal injury premises liability case that had granted the prevailing plaintiff’s motion for additur to the damages awarded...

Florida Fifth DCA rules that Engle-progeny tobacco case could not be transferred to Alachua County, finding case could not originally have been filed in that county because the decedent first suffered early smoking-related injuries in Putnam County October 12, 2021

On September 10, 2021, in R. J. Reynolds Tobacco Company v. Frost, No. 5D20-1977, the Florida Fifth DCA reversed a trial court’s ruling transferring venue of aEngle-progeny tobacco case from Putnam County to Alachua County...

Florida First DCA reverses damages component of motor vehicle negligence jury verdict, finding that trial court erroneously failed to instruct jury on plaintiff’s claim that she suffered an aggravation of a preexisting migraine condition October 12, 2021

On September 29, 2021, in Turner v. Gamiz, No. 1D19-4661, the Florida First DCA reversed the damages component of a plaintiff’s motor vehicle negligence jury verdict and remanded for a new trial on damages because of the trial court’s...

Florida Second DCA rules that plaintiff’s amended complaint, substituting court appointed personal representative for defendant who died prior to filing of lawsuit, related back to date of original complaint against defendant for statute of limitations purposes October 12, 2021

On September 29, 2021, in Friedel v. Edwards, No. 2D20-2233, the Florida Second DCA reversed a trial court’s dismissal of a plaintiff’s motor vehicle negligence case, concluding that that the trial court erred in dismissing the case on statute of limitations...

Florida Supreme Court amends Fla. R. Civ. P. § 1.280 to codify “apex doctrine” protecting high-level government and corporate officers from the risk of abusive discovery September 15, 2021

On August 26, 2021, the Florida Supreme Court issued a corrected opinion amending Florida of Rule of Civil Procedure 1.280 to codify Florida’s common law version of the “apex doctrine” protecting high-level government officials from the risk of abusive ...

Third DCA affirms trial court denial of medical device manufacturer’s motion to dismiss product liability cases on the grounds of forum non conveniens August 9, 2021

On July 14, 2021, the Florida Third DCA affirmed trial court rulings in nine product liability cases brought by individual claimants against Cordis Corporation, a medical device manufacturer. The trial court’s rulings deniedthe defendant’s...

Florida Fourth DCA reverses $10 million verdict for plaintiff in Engle-progeny tobacco case, finding that trial court abused its discretion in overruling defense objections to several improper statements made by plaintiff’s counsel in closing arguments August 9, 2021

On July 14, 2021, in R.J. Reynolds Tobacco Company et al. v. Neff, No. 4D19-2646, the Florida Fourth DCA reversed a $10 million jury verdict for the plaintiff in an Engle-progeny tobacco brought by the Estate of a smoker who died from lung cancer...

Florida Fourth DCA rules that trial court abused its discretion in denying a motion to change venue in a motor vehicle negligence case where the only connection to the county in which the action was filed was that that a non-resident corporation defendant had an agent for service there August 9, 2021

On July 14, 2021, in Eagle Transport Corporation of North Carolina, et al. v. Roch-Hernandez, No. 4D20-2663, the Florida Fourth DCA reversed a trial court ruling which had denied the defendants’ requested venue transfer from Broward to Alachua County...

Florida Fourth DCA affirms defense verdict in Engle-progeny tobacco case, finds no error in trial court’s adverse inference instruction regarding plaintiff’s spoliation of medical record evidence August 9, 2021

On July 21, 2021, in Adamson v.R.J. Reynolds Tobacco Co., No 4D19-3242, the Florida Fourth DCA affirmed a final judgment for the defendant in an Engle-progeny tobacco case, rejecting the plaintiff’s argument that the trial court erred by including...

Florida Fourth DCA reverses trial court’s sanctions order against medical negligence defendant and his attorneys August 9, 2021

On July 21, 2021, in Cousins, et al, v. Duprey, No. 4D19-3602, the Florida Fourth DCA reversed a sanctions order entered by the trial court against a doctor and his attorneys in a medical negligence case. The trial court issued the sanctions...

Florida Third DCA rules that trial court erred in not allowing defense expert to lay foundation for reading to jury passages from IME report as past recollection recorded August 9, 2021

On July 28, 2021, in United Automobile Insurance Company v. NB Sports Massage and Rehab Corp., No. 3D21-0107, the Florida Third DCA reversed a trial court’s directed verdict entered in favor of the plaintiff medical provider plaintiff in a...

Florida Third DCA reverses motor vehicle negligence verdict and remands for new trial, holding that trial court erred in allowing defense to introduce evidence not disclosed until three business days before trial July 12, 2021

On June 2, 2021, in Montero v. Corzo, No. 3D20-406, the Florida Third DCA reversed a trial verdict in a motor vehicle negligence case and remanded for a new trial. The plaintiff had appealed the verdict in his favor on the basis...

Florida Third DCA reverses summary judgment allowing judgment creditor to pierce corporate veil of judgment debtor July 12, 2021

On June 2, 2021, in Segal v. Forastero, Inc., No. 3d21-89, the Florida Third DCA addressed the issue of whether the judgment creditor in a supplemental proceeding in aid of execution was entitled to pierce the corporate veil...

Florida First DCA rules that trial court did not abuse discretion in denying mistrial in motor vehicle negligence case despite defense counsel’s reference to the plaintiff’s insurance July 12, 2021

On June 16, 2021, in Winters v. Harper, No. 1D19-1650, the Florida First DCA ruled in a motor vehicle negligence case that the trial court’s denial of the plaintiff’s mistrial motion after two references to insurance coverage occurred...

Florida Fifth DCA affirms trial c ourt’s denial of plaintiff’s motion for new trial in motor vehicle negligence case involving defense counsel’s submission of improper material under cover of a bulk exhibit July 12, 2021

On June 18, 2021, in Bowers v. Tillman, et al., No. 5D19-1757, the Florida Fifth DC affirmed a trial court’s ruling denying a plaintiff’s motion for a new trial. The plaintiff’s new trial motion was based on multiple alleged errors, including...

Florida Third DCA reverses defense verdict in motor vehicle negligence case and remands for new trial because of trial court’s erroneous denial of plaintiff’s motion to strike prospective juror for cause June 1, 2021

On May 5, 2021, in Rivas v. Sandoval, No. 3D19-2402, the Florida Third DCA reversed a jury verdict for the defendant in motor vehicle negligence case and remanded the case for a new trial after concluding that the trial court erred in denying plaintiff counsel’s motion to strike a prospective juror for cause...

Florida Fourth DCA reverses county court’s venue transfer because of movant’s failure to verify motion or provide supporting affidavit June 1, 2021

On May 12, 2021, in Miracle Chiropractic & Rehab Center v. 21st Century Centennial Insurance Company, No. 4D21-616, the Florida Fourth DCA reversed a county court’s order transferring a lawsuit from Broward County to Polk County. The Fourth DCA concluded that the trial court had erred...

Florida Fourth DCA rules that trial court erred when it allowed the plaintiff to introduce evidence of the amount billed by medical providers instead of the discounted amount Medicare paid in full satisfaction of her expenses June 1, 2021

On May 19, 2021, in Gulfstream Park Racing Association, Inc. v. Volin, No. 4D19-3471, the Florida Fourth DCA reversed a personal injury judgment for the plaintiff in a premises liability negligence caseinvolving a slip and fall at Gulfstream Park in Hallandale Beach, Florida...

Florida Fifth DCA quashes trial court denying personal injury defendant discovery of discounts agreed upon when the plaintiff’s medical provider sold the plaintiff’s unpaid accounts to a factoring company June 1, 2021

On May 21, 2021, in Osceola County Board of County Commissioners v. Sand Lake Surgery Center, et al., No. 5D2-1267, the Florida Fifth DCA quashed a trial court order in a personal injury case which had denied the defendant discovery from the plaintiff’s health care provider of the amount of the original medical bills...

Florida Supreme Court approves amendments to procedural rules requiring documents served but not filed with the court to be subject to same electronic service requirements as filed documents May 10, 2021

On April 8, 2021, the Florida Supreme Court approved proposed amendments to the Florida Rule of Civil Procedure 1.080, Florida Small Claims Rule 7.221, Florida Rules of Appellate Procedure ...

Florida Supreme Court approves amendment to medical malpractice presuit screening rule, Fla. R. Civil Procedure 1.650, to conform to Florida’s medical malpractice statute regarding presuit discovery methods May 10, 2021

On April 8, 2021, the Florida Supreme Court approved amendments to Florida Rule of Civil Procedure 1.650 (Medical Malpractice Presuit Screening Rule) to create consistency with the current version of section ...

Florida Third DCA finds “bald repudiation” doctrine inapplicable to alleged discrepancies between IME doctor’s summary judgment affidavit and deposition testimony in PIP lawsuit May 10, 2021

On April 14, 2021, in United Automobile Insurance Company, etc., v. Gables Rehab, Inc., etc., No. 3D21-91, the Florida Third DCA reversed a trial court order which had granted summary judgment in favor of a health care provider ...

Florida Fourth DCA affirms order granting plaintiff new trial in motor vehicle wrongful death case, finding that trial court improperly rejected plaintiff counsel’s race-neutral justification for exercise of peremptory strike of last African American in jury venire May 10, 2021

On April 14, 2021, in Lafayette, et al., v. Moody, et al., No. 4D18-3657, the Florida Fourth DCA affirmed a trial court granting a new trial to the plaintiff in a wrongful death/motor vehicle negligence lawsuit...

Florida Supreme Court further amends Florida’s summary judgment rule, Fla. R. Civ. P. 1.510, to mirror more lenient federal summary judgment standard May 10, 2021

As previously reported in this blog, on December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, governing summary judgments in civil cases, by adopting the more lenient standard applicable in federal court...

Florida First DCA rules that motor vehicle negligence plaintiff waived argument that evidence at trial was insufficient to apportion comparative negligence by failing to make a timely motion for directed verdict at trial May 10, 2021

On April 30, 2021, in Strickland v. State Farm, No. 1D20-70, the Florida First DCA affirmed a trial court ruling denying the motion by the plaintiff for summary judgment on the issues of liability and comparative negligence ...

Florida First DCA rules that appellate attorney fees are recoverable under Florida’s Proposal for Settlement Statute, Fla. Stat. § 768.79, adhering to Florida Supreme Court precedent May 10, 2021

On April 26, 2021, in Seadler v. Marina Bay Resort Condominium Association, No. 1D19-850, the Florida First DCA followed the Florida Supreme Court precedent in Frosti v. Creel, 979 So. 2d 912, 917 (Fla. 2008) ...

Florida Third DCA rules that Florida’s “two-issue” rule precluded appellate review of trial court’s admission of expert testimony because jury’s general verdict could have been founded on theories of liability not addressed by expert testimony May 10, 2021

On April 28, 2021, in Royal Caribbean Cruises, Ltd., v. Spearman, No. 3D18-2188, the Florida Third DCA reversed a $20.3 million final judgment for the plaintiff in a personal injury cases filed by a cruise ship employee who suffered...

Florida Third DCA affirms dismissal of premises liability slip and fall lawsuit on the grounds of forum non conveniens, finding Jamaica is proper venue for accident occurring there even though defendant is a Florida corporation April 12, 2021

On March 31, 2021, in Fasang-Brown, et al. v. Visit Us, Inc., etc. No. 3D20-388, the Florida Third DCA decided a case presenting an example of the unusual circumstance in which a lawsuit against a defendant...

Florida Fourth DCA partially reverses judgment for plaintiff in defamation case, finds that trial court erred in accepting the plaintiff’s unliquidated damages claim without conducting an evidentiary hearing April 12, 2021

On March 31, 2021, in Stamper v. Sahai, No. 4D19-3469, the Florida Fourth DCA partially reversed a judgment for the plaintiff in a defamation lawsuit filed by a surgeon against a former patient. After the defendant failed to respond to discovery...

Florida Fourth DCA affirms county court’s summary judgment for the defendant insurer in PIP case, finding that plaintiff waited too long to amend complaint April 12, 2021

March 31, 2021, in Bronstein v. Allstate Insurance Company, No. 4D21-4, the Florida Fourth DCA affirmed a summary judgment in favor of the defendant PIP insurer. The sole issue initially raised in the case was whether Allstate had properly elected the payment limitations...

Florida Third DCA affirms judgment for plaintiff in medical negligence case, finds no clear error in trial court’s denial of defense attempt to exercise peremptory strike of African American juror April 12, 2021

On March 24, 2021, in Hialeah Hospital, Inc. v. Hayes-Boursiquot, etc., No. 3D20-0050, the Florida Third DCA affirmed a jury verdict for the plaintiff in a medical negligence case, rejecting a defense argument that the trial court had committed reversible error ...

Florida First DCA affirms summary judgment for defendant in defamation case, finding plaintiff’s submission of unsworn and otherwise unauthenticated letter from third party did not constitute “summary judgment evidence” and was properly rejected by the trial court April 12, 2021

On March 24, 2021, in Garback, et al. v. Gayle, No. 1D20-988, the Florida First DCA affirmed a summary judgment for the defendant in a defamation case because the plaintiff failed to submit competent summary judgment evidence to counter the defendant’s affidavit ...

Florida Second DCA rules that trial court committed reversible error in denying plaintiff’s new trial motion by not expressly ruling on whether trial verdict was against the manifest weight of the evidence April 12, 2021

On March 17, 2021, in Lively v. Grandhige, et al., No. 2D19-1713, the Florida Second DCA reversed a trial court order denying a plaintiff’s motion for a new trial in a medical negligence case on the basis that the defense verdict was against the manifest weight of the evidence...

Florida Fifth DCA rejects claim of judicial estoppel as grounds for denying defendant in motor vehicle negligence case discovery as to whether a prior settlement was reached with plaintiff April 12, 2021

On March 5, 2021, in Marrero v. Rea, No. 5D20-1612, the Florida Fifth DCA granted the certiorari petition of the defendant driver in a motor vehicle negligence case and quashed trial court orders which prohibited the parties from engaging in any discovery...

Florida Supreme Court issues new Administrative Order No. AOSC20-23 governing Covid-19 measures in Florida Trial Court April 12, 2021

On March 9, 2021, the Florida Supreme Court issued Administrative Order No. AOSC20-23, “Comprehensive Covid-19 Emergency Measures for Florida Trial Courts,” the latest pronouncement by the Florida Supreme Court on the evolving trial court procedures to address the Covid-19 epidemic...

Seventh Judicial Circuit Chief Judge announces that in-person jury trial may resume in Flagler, Putnam, St. Johns, and Volusia counties effective March 15, 2021 April 12, 2021

On March 9, 2021, Seventh Judicial Circuit Chief Judge Raul A. Zambrano announced that in-person jury trials in Flagler, Putnam, St. Johns, and Volusia counties may resume effective March 15, 2021...

Florida Fourth DCA reverses trial court order which had granted defamation defendant’s remittitur motion and reduced plaintiff’s judgment from $550,000 to $100,000 April 12, 2021

On March 10, 2021, in Fernalld v. ABB, Inc. et al, No. 4D19-3511, the Florida Fourth DCA reversed a trial court’s ruling that had granted a defendant’s motion for remittitur of the amount of the judgment against him in a defamation case...

Florida Third DCA concludes that plaintiff attorney’s accusation in closing argument that defense counsel and expert witness were “liars’ and sexist comments about defense counsel constituted fundamental error requiring a new trial March 12, 2021

On February 10, 2021, in Florida Peninsula Insurance Company v. Nolasco, No. 3D19-1393, the Florida Third DCA reversed a trial court ruling denying the defendant insurance company a new trial...

Florida Third DCA vacates trial court order which had set aside verdict for plaintiff in motor vehicle negligence case, finding that inconsistencies in plaintiff’s testimony did not rise to the level of fraud upon the court March 12, 2021

On February 17, 2021, in Salazar v. Gomes, No. 3D19-1448, the Florida Third DCA vacated an order from the trial court which had set aside a jury verdict for the plaintiff in a motor vehicle negligence case...

Florida Second DCA rules that trial court’s discovery order requiring defendant in motor vehicle negligence case to turn over ten years of medical records was overbroad February 15, 2021

On January 8, 2021, in Tanner, et al. v. Hart, No. 2D20-1470, the Florida Second DCA granted the certiorari petition of a defendant in a motor vehicle negligence case...

Florida First DCA finds no jurisdiction to hear certiorari petition by personal injury plaintiff seeking public disclosure of defendant corporation’s confidential materials January 8, 2021

On December 14, 2020, in Craig-Myers v. Otis Elevator Company, et. al, No. 1D20-1236, in a per curiam decision, the Florida First DCA dismissed a certiorari petition...

Florida Fifth DCA rules that trial court erred in giving res ipsa loquitur instruction in premises liability case involving allegedly negligent operation of mechanical prison gate January 8, 2021

On December 31, 2020, in Orange County, Florida v. Whitehead, No. 5D1901894, the Florida Fifth DCA reversed a judgment for the plaintiff in a premises liability case...

Florida Supreme Court issues order adopting federal summary judgment standard creating lower bar for summary judgment; amendment to take effect 5/1/2021 pending public comments January 8, 2021

On December 31, 2020, in IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE, No. SC20-1490, the Florida Supreme Court amended Fla. R. Civ. P. 1.510...

Florida Third DCA rules that trial court prematurely granted summary judgment for defendant in wrongful death case January 8, 2021

On December 23, 2020, in Benavides, et al, v. Medina, et al., No. 3D20-10, the Florida Third DCA reversed a trial court’s summary judgment for one of the defendants...

Florida Fifth DCA affirms judgment against insurer in uninsured motorist case, finding plaintiff counsel’s improper closing remark to jury that empathy was a proper consideration did not rise to the level of reversible error January 8, 2021

On December 11, 2020, in State Farm v. Knapp, et al., No. 5D19-2219, a per curiam decision, the Florida Fifth DCA affirmed a judgment against the defendant insurer in an uninsured motorist case...

Florida Fourth DCA rules that plaintiff counsel’s closing argument in Engle-progeny tobacco case likening defendant to Nazis was improper but not give rise to reversible error January 8, 2021

On December 9, 2020, in R.J. Reynolds Tobacco Company v. Kaplan, No. 4D18-2880, the Florida Fourth DCA affirmed a judgment against the defendant in an Engle-progeny tobacco case...

Florida First DCA rules that “wrongful act doctrine” entitling litigant to attorney’s fees did not apply to attorney’s fee incurred by defendant in prosecuting cross claim for indemnity against co-defendant in nursing home negligence case December 8, 2020

On November 18, 2020, in MV Senior Management, LLC, v. Redus Florida Housing, LLC, No. 1D20-111, the Florida First DCA reversed a trial court order that the management company...

Florida Third DCA affirms order granting plaintiff new trial in Engle-progeny tobacco case due to trial court’s erroneous dismissal of prospective jurors without allowing examination by plaintiff’s counsel November 18, 2020

On October 28, 2020, in Frogel v. Philip Morris USA, Inc., No. 4D19-2781, the Florida Fourth DCA affirmed the order of a new trial in an Engle-progeny tobacco case...

Florida First DCA affirms trial court order denying defendant’s motion for remittitur of amount of jury verdict in motor vehicle negligence case November 18, 2020

On October 28, 2020, in Hunt v. Lightfoot, No. 1D19-3683, the Florida First DCA affirmed a trial court order ruling denying the defendant’s motion for remittitur...

Eleventh Circuit rules that district court abused its discretion by not holding evidentiary hearing on alleged misstatements by prospective jurors during voir dire November 18, 2020

On October 20, 2020, in Torres v. First Transit, Inc., No. 18-15186, the Eleventh Circuit Court of Appeals vacated a SDFL district court order denying the defendant...

Florida First DCA rules that trial court’s limitation of voir dire questioning by plaintiff’s counsel to one hour did not constitute abuse of discretion warranting new trial because counsel failed to continue to object to time limitation or explain why additional time was needed at the conclusion of his examination November 18, 2020

On October 13, 2020 in Tallahassee Housing Authority v. Prather, No. 1D19-2457, the Florida First DCA reversed a trial court ruling that had granted the plaintiff in a premises liability case...

Florida Fourth DCA rules that text messages could be authenticated through circumstantial evidence even though there was no direct evidence identifying the sender November 18, 2020

On October 7, 2020, in State of Florida v. Torres, Mo. 4D20-225, the Florida Fourth DCA held in a criminal sexual molestation case that text messages the minor victim allegedly received...

Florida Second DCA reverses trial court, rules that plaintiff in slip and fall case was not entitled to new trial based on newly discovered evidence October 08, 2020

On September 30, 2020, in Neapolitan Enterprises, LLC, v. Fishman, No. 2D19-4541, the Florida Second DCA reversed a trial court order which had...

Florida Fourth DCA rules that trial court’s admission in bad faith UIM case of evidence of plaintiff’s previous unaccepted settlement offer at mediation was reversible error October 08, 2020

On September 9, 2020, in Moultrop v. Geico General Insurance Company, No. 4D19-225, the Florida Fourth DCA reversed a judgment in favor...

Florida Third DCA reverses trial court’s dismissal of plaintiff’s complaint, finding that dismissal was impermissibly based on grounds not included in defendant’s motion to dismiss October 08, 2020

On September 9, 2020, in Howard v. Greenwich Insurance Company, No. 3D19-1922, the Florida Third DCA reversed a trial court’s dismissal...

Florida First DCA finds that in arriving at expert conclusion about cause of crime victim’s death, medical expert was permitted to testify on redirect that he relied upon report of another medical expert who examined victim’s body October 08, 2020

On September 10, 2020, in Barnes v. State of Florida, No. 1D19-889, a criminal case, the Florida First DCA considered a defendant’s claim that the trial...

Florida Fifth DCA rules that trial court erred in granting summary judgment in wrongful death case on a ground not substantively raised by defendants September 10, 2020

On August 28, 2020, in Rossman v. Wallick, et al., No. 5D19-1644, the Florida Fifth DCA reversed a trial court summary judgment entered in favor of the defendants in a wrongful death case ...

Florida Fifth DCA reverses trial court, finds that plaintiff was not entitled to award of attorney’s fees under wrongful act doctrine since applicability of the doctrine was not specifically pled in the complaint September 10, 2020

On August 21, 2020, in Cinco, et al. v. Coquina Palms Homeowners Association, Inc., No. 5D18-2897, the Florida Fifth DCA addressed a seldom invoked doctrine under Florida law ...

Florida Third DCA affirms trial court’s dismissal on forum non conveniens grounds of breach of contract case between foreign companies September 10, 2020

On August 12, 2020, in Certain Underwriting members of Lloyd’s, Syndicates 623 and 2623 v. Prime Holdings Insurance Services, No. 3D19-2322, the Florida Third DCA affirmed a trial court’s dismissal of the plaintiff’s complaint ...

Florida Fifth DCA reverses trial court and remands medical negligence case for trial de novo after nonbinding arbitration September 10, 2020

On August 7, 2020, in Dungarani v. Benoit, No. 5D19-139, the Florida Fifth DCA reversed a trial court ruling denying a plaintiff’s request for a trial de novo ...

Florida Third DCA rejects forum non conveniens argument by defendant companies which operated Mexican resort and were sued in Miami-Dade County for alleged slip and fall by U.S. citizen on resort property August 06, 2020

On July 29, 2020, in Palace Resorts Travel, Inc., et al., v. Flynn, No. 3D20-0025, the Florida Third DCA affirmed a trial court’s denial of the defendants' motion to dismiss a premises liability lawsuit ...

Florida Third DCA rules that plaintiff opened the door to “inference and argument” by defense counsel about her alleged referral by her attorney to a treating chiropractor August 06, 2020

On July 15, 2020, in Ruchimora v. Grullon, No. 3D19-753, the Florida Third DCA ruled that a trial court did not abuse its discretion in permitting the defendant ...

Florida Fourth DCA affirms trial court’s exclusion of expert’s PTSD diagnosis which was not disclosed to defense until eve of trial August 06, 2020

On July 8, 2020, in Krysiak v. Dawson, et al., No. 4D19-1532, the Florida Fourth DCA affirmed a trial court ruling excluding expert testimony concerning a motor vehicle negligence plaintiff’s PTSD ...

Florida Third DCA rules that trial court erred in compelling defendant’s disclosure of financial information in nursing home negligence case without first establishing that the information sought was relevant to the liability claim August 06, 2020

On July 1, 2020, in Fair Havens Center, LLC v. Estate of Nicula, No. 3D20-205, the Florida Third DCA granted a defendant’s petition for a writ of certiorari in a nursing home negligence case ...

Florida Fifth DCA rules that defendant doctor in medical negligence case was entitled to file errata sheet substantially amending testimony on material issues, subject to potential re-opening of deposition and impeachment at trial July 08, 2020

On June 12 , 2020, in Dungan v. Memorial Health Systems, Inc., No. 5D19-3225, the Florida Fifth DCA dismissed a certiorari petition from a plaintiff ...

Florida First DCA rules that litigant who objected to compelled production of her medical records was entitled to have trial court review the records in camera prior to any disclosure to opposing counsel July 08, 2020

On June 12, 2020, in Northcutt v. Turner, No. 1D19-2495, the Florida First DCA granted the certiorari petition ...

Florida Third DCA reverses trial court’s dismissal of plaintiff’s personal injury case based on lack of record activity, finds that plaintiff was not furnished with requisite notice prior to dismissal June 12, 2020

On May 6, 2020, in Hernandez v. Ibrahim, No. 3D19-1621, the Florida Third DCA reversed a trial court’s dismissal of a plaintiff’s personal injury case based ...

Florida First DCA rejects insurance company’s attempt to intervene in motor vehicle negligence case June 12, 2020

On May 8, 2020, in Lexington Insurance Company v. James, No. 1D19-1954, the Florida First DCA affirmed a trial court order denying an insurance company’s ...

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 April 27, 2020

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 ...

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 April 27, 2020

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 ...

Florida Supreme Court revises rules for authorization of standard jury instructions April 27, 2020

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 ...

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 ...

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 ...

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 ...

Florida Fifth DCA finds that defense counsel’s improper closing argument did not violate fundamental fairness standard of review for retrial February 17, 2020

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 ...

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 February 17, 2020

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 ...

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. February 17, 2020

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

Florida Supreme Court authorizes amendments to standard civil jury instructions and model instructions February 17, 2020

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

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 January 17, 2020

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 ...

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 January 17, 2020

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 ...

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 December 5, 2019

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

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. December 4, 2019

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’ ...

Florida First DCA rules the $80,000 verdict by jury for “nominal damages” was excessive in case involving no admissible evidence on compensatory damages November 26, 2019

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” ...

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 November 26, 2019

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

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 November 26, 2019

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 ...

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 November 25, 2019

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 ...

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 November 25, 2019

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 ...

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 November 25, 2019

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 ...

Florida Third DCA rules that jury was not bound by computation of plaintiff’s life expectancy stipulated to by the parties November 01, 2019

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 ...

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 October 31, 2019

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 ...

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 ...

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 ...

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 ...

Florida Fifth DCA rules that trial court erred in excluding plaintiff’s statement to medical personnel about circumstances of motor vehicle accident July 29, 2019

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 ...

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 July 23, 2019

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 ...

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 July 22, 2019

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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