News & Analysis as of

FL Supreme Court Statutory Interpretation

Rumberger | Kirk

Florida Supreme Court to Resolve Split on Retroactive Application of Presuit Notice Requirements

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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

Carlton Fields

Florida Appeals Court Decisions: Week of November 25-27, 2024

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U.S. Eleventh Circuit Court of Appeals - No decisions this week...more

Husch Blackwell LLP

Florida Supreme Court Grants Review of Common Law Marriage-Before-Injury Rule on Loss of Consortium Recovery

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Florida’s Fourth District Court of Appeal recently held that to recover for loss of consortium under the Florida Wrongful Death Act, a surviving spouse must be married to the decedent at the time of injury—not the time of...more

Fuerst Ittleman David & Joseph

Florida Supreme Court Makes Clear that Bargain-for-Exchange is a Defense to Unjust Enrichment

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

Lowndes

Florida Supreme Court Rules “Concrete Steps” Not Required to Restore Parent Timesharing Rights

Lowndes on

Last week, the Florida Supreme Court in C.N. v. I.G.C. (Case No. SC20-505), ruled on the issue of whether a court is required to give a parent “concrete steps” to restore lost timesharing and return to the pre-modification...more

Rumberger | Kirk

Florida Supreme Court Limits Amount of Recovery in Mass Events

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In Barnett v. State Department of Financial Services, No. SC19-87, ––– So.3d ––––, 2020 WL 5667286 (Fla. Sept. 24, 2020), the Florida Supreme Court ruled that when multiple claims of injury are brought against the State (or...more

Cozen O'Connor

A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions

Cozen O'Connor on

In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more

Rumberger | Kirk

Florida Supreme Court Rules Extra-Contractual, Consequential Damages Are Not Recoverable in a First-Party Breach of Contract...

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On January 21, 2021, the Supreme Court of Florida issued an important decision in Citizens Property Insurance Corp. v. Manor House, LLC, et. al., SC19-1394 (Fla. 2021), disallowing an insured to recover extra-contractual,...more

Rumberger | Kirk

Florida Limits Amount of Recovery in Mass Shootings

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Barnett v. State of Florida and Its Effect on Governmental Entities who Are Sued for Claims Involving a Criminal Episode with Multiple Victims. ...more

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