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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

Rumberger | Kirk

Punitive Damages 2023: The Statute Means What It Says

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Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the...more

Shutts & Bowen LLP

Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

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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

Rumberger | Kirk

Florida’s New Sixth District Court of Appeal Confirmed

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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

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

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

Rumberger | Kirk

Florida Supreme Court Resolves Conflict Among District Courts of Appeal over MedMal Notice Period

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What’s the difference between too late and just in time? The Supreme Court of Florida just decided that a medical malpractice plaintiff who mails the required presuit notice before the expiration of the statute of...more

Shutts & Bowen LLP

Everything You Need to Know About Florida’s New Sixth District Court of Appeal: Changing District Boundaries, Judicial...

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On June 2, 2022, Governor Ron DeSantis signed CS/HB 7027 creating Chapter 2022-163, Laws of Florida, paving the way for a Sixth District Court of Appeal. Governor DeSantis also approved a budget that includes funding for...more

Rumberger | Kirk

Florida High Court Says Airbnb Arbitration Sticks- It’s in the Fine Print

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In a 6-1 decision, the Supreme Court of Florida reversed the Second District Court of Appeal and found that a Texas couple who accepted a “clickwrap” terms of service agreement when booking a vacation rental had also accepted...more

Shutts & Bowen LLP

You Can’t Run From That Arbitration Covenant Running With The Land

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In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of...more

Fuerst Ittleman David & Joseph

Florida Appellate Practice Update: Florida Supreme Court amends 9.130 to provide for interlocutory appeals of orders granting or...

On January 6, 2022, the Florida Supreme Court started the new year off with a bang, to wit: the Court amended Florida Rule of Appellate Procedure 9.130 to allow for appeals of nonfinal orders granting or denying motions to...more

Rumberger | Kirk

Florida Supreme Court: Insurers can Sue Attorneys for Malpractice Under Subrogation Provision

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The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice...more

Carlton Fields

Surtax in Gridlock – The Saga of Hillsborough County’s Transportation Surtax Reaches the Florida Supreme Court

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Four hundred and fifty-six days after it was approved by more than 57% of the Hillsborough County electorate, legal challenges to a county charter amendment that added a 1% sales tax designed to finance the county’s...more

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Rewrites The Rules, Lifting Restrictions On The Immediate Appeal Of Orders Denying Absolute, Qualified, Or...

Florida Supreme Court rewrites the rules, lifting restrictions on the immediate appeal of orders denying absolute, qualified, or sovereign immunity. For those who have kept abreast of the latest opinions issued by the...more

Rumberger | Kirk

Florida Makes It Easier to Appeal Non-Final Orders Denying State Immunity

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Impact of Amendments to Florida Rule of Appellate Procedure 9.130 and Florida Highway Patrol v. Jackson on Governmental Entities and Employees If you are a State Agency,  City, County, Sheriff’s Office, School Board, Police...more

Carlton Fields

Florida Supreme Court Opens the Door to New Class of Interlocutory Appeals

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On January 23, 2020, the Florida Supreme Court changed the Florida Rules of Appellate Procedure to create a new class of interlocutory appeals and expand the right to bring other appeals from nonfinal orders....more

Lowndes

State Law Barring Local Minimum Wage Ordinances Stands After Florida Supreme Court Declines to Hear Appeal

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The Florida Supreme Court declined to hear the City of Miami Beach’s appeal of a lower court’s decision upholding a Florida law barring local minimum wage ordinances. ...more

Burr & Forman

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

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On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more

BakerHostetler

Amendment 7 Stands Its Ground Against the Federal Patient Safety and Quality Improvement Act

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It is well known in Florida that Article X, Section 25 of the Florida Constitution (Amendment 7) provides patients with access to any adverse medical incident report (even involving other patients) created by healthcare...more

Carlton Fields

Amendment 7 Prevails Over Patient Safety Work Product Protections

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On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more

Holland & Knight LLP

Florida Supreme Court: Federal PSQIA Does Not Pre-empt State's Constitution

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In Charles v. Southern Baptist Hospital of Florida, Inc., published on Jan. 31, 2017, the Florida Supreme Court held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and was never intended to be a...more

Robinson+Cole Property Insurance Coverage...

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis...more

Carlton Fields

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

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It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more

Robinson+Cole Property Insurance Coverage...

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And...

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more

Burr & Forman

Yet Another Florida Court Rejects Unpopular Decision on Statute of Limitations for Mortgage Foreclosure, But This Time it’s...

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With its decision up on re-hearing, Florida’s Third District Court of Appeal may be rethinking its decision in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). In...more

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