The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies...more
U.S. Eleventh Circuit Court of Appeals - No decisions this week...more
In a recent opinion, Florida’s First District Court of Appeal provided further guidance regarding the changes to Florida’s summary judgment rule. See Whitlow v. Tallahassee Memorial Healthcare, Inc., --- So. 3d ---, Case No....more
Just about two years ago, the Florida Supreme Court essentially adopted the federal summary judgment standard. This was a major change for Florida, given that movants no longer had to disprove the other side’s case...more
Florida has not added a District Court of Appeal (DCA) since 1979 when the legislature created the Fifth DCA, but Florida’s judicial branch, in coordination with the executive and legislative branches is now adding a Sixth...more
September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more
On February 3, 2022, the Florida Supreme Court issued its opinion in Pincus v. American Traffic Solutions, Inc. clarifying that under Florida law, where a plaintiff has received adequate consideration in exchange for a...more
Some Florida practitioners and appellate courts have long pointed to the need to amend the rules of appellate procedure to allow for an interlocutory appeal of an order granting or denying a motion for leave to amend to...more
Ohio- RESPA Actual Damages- Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more
Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues. The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims. ...more