News & Analysis as of

Summary Judgment Florida

Marshall Dennehey

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

Marshall Dennehey on

Allstate Fire & Cas. Ins. Co. v. Schroeder, No. 1D2023-3363, 2025 WL 1174126 (Fla. 1st DCA Apr. 23, 2025) - This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was...more

Adams & Reese

Florida Appeals Court Reverses Mortgage Foreclosure for Lack of Specific Findings

Adams & Reese on

A Florida Appeals court ruled that specific findings are required in mortgage foreclosure summary judgments – generic orders are not sufficient. Lenders and foreclosure attorneys must provide detailed, record-based...more

Jackson Lewis P.C.

Florida District Court Declines to Expand ERISA Disclosure Requirements

Jackson Lewis P.C. on

A Florida district court recently gave TECO Energy, Inc. another victory in an ERISA case when it dismissed Plaintiff’s proposed class action with prejudice. Roche v. Teco Energy, Inc., No. 8:23-cv-01571, 2025 U.S. Dist....more

Marshall Dennehey

From ‘Brownish’ to Baseless: Florida Court Reinforces Slip-and-Fall Standards

Marshall Dennehey on

Key Points:  Recent case clarifies Florida premises liability law and the burden on plaintiffs under Section 768.0755, Florida Statutes....more

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

Marshall Dennehey on

Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Marshall Dennehey

Appellate Court Reverses Denial of Summary Judgment in FCRA Retaliation Case

Marshall Dennehey on

Washington Cnty. Sch. Bd. v. Davis, 50 Fla. L. Weekly D247 (Fla. 1st DCA Jan. 23, 2025) - A trial court’s denial of summary judgment was overturned after an appellate court found that a job applicant failed to meet the...more

Marshall Dennehey

Objections to the Adequacy of a Civil Remedy Notice Can Be Waived

Marshall Dennehey on

Vachon v. The Travelers Home and Marine Insurance Company, Fla. 2d DCA, No. 2d2023-2674, Feb. 14, 2025 - The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as...more

Kennedys

Eleventh Circuit expands Florida’s Powell Doctrine

Kennedys on

The Eleventh Circuit’s decision in Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., -- F.4th ----, 2025 WL 1142094 (11th Cir. Apr. 18, 2025), has significant implications for the good faith standard...more

Marshall Dennehey

Fourth District Court of Appeals Rules in Favor of Homeowners, Citing Trial Court Calendaring Error

Marshall Dennehey on

Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, Fla. 4th DCA, No. 4D2023-2720, January 22, 2025 - The Fourth District Court of Appeals found that the homeowners demonstrated excusable...more

Marshall Dennehey

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

Marshall Dennehey on

Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more

Marshall Dennehey

Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.

Marshall Dennehey on

Darryl Vachon v. The Travelers Home & Marine Ins. Co., Fla. 2d DCA, No. 2D2023-2674, February 14, 2025 - The insured was injured in 2011 when he was rear-ended by a driver who had a $10,000.00 insurance policy. The insurance...more

Butler Weihmuller Katz Craig LLP

Amended Florida Rules of Civil Procedure Now in Effect

The start of the new year has brought changes to Florida’s civil practice. In June 2024, the Florida Supreme Court issued proposed amendments to the state’s Rules of Civil Procedure, which we covered here. After the comment...more

EDRM - Electronic Discovery Reference Model

Modernizing Florida Litigation: The 2025 Civil Procedure Rule Overhaul

On January 1, 2025, major changes to the Florida Rules of Civil Procedure took effect, transforming how civil cases are managed, litigated, and resolved. Rooted in four landmark Florida Supreme Court decisions issued in 2024,...more

Fuerst Ittleman David & Joseph

Florida Civil Litigation Update: Major changes to the rules of civil procedure have gone into effect. Practitioners must be aware...

January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 6-10, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Warren v. DeSantis - mootness, gubernatorial suspension challenge - USA v. Brown - sex trafficking, evidence, continuance, speedy trial - Sunz v. IRS - insurance, bankruptcy, BP...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 23-27, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more

NAVEX

Florida Whistleblower Case Offers Wider Cultural Lessons for Employers

NAVEX on

If an employee files a whistleblower complaint against their employer, should that employee be required to show “actual” knowledge of a violation, or should a “good faith, reasonable belief” showing suffice? Not all courts...more

DarrowEverett LLP

Summarizing Proposed Changes to Florida Rules of Civil Procedure

DarrowEverett LLP on

The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more

Faegre Drinker Biddle & Reath LLP

Upcoming Changes to Florida’s Civil Procedure Rules: What Litigators and their Clients Need to Know

Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more

Baker Donelson

Big Changes to the Florida Rules of Civil Procedure: Here's What You Need To Know

Baker Donelson on

The Florida Supreme Court, on its own motion, amended Florida Rule of Civil Procedure 1.510 (Summary Judgment) and adopted the new Florida Rule of Civil Procedure 1.202 (Conferral Prior to Filing Motions) on Wednesday, May...more

Bradley Arant Boult Cummings LLP

Navigating Desbrunes: Implications and the Case for Overturning

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

Jenner & Block

“Must’ve Never Met Her”: Luke Combs & Personal Service Under Illinois Law

Jenner & Block on

On December 13, 2023, Variety reported that Luke Combs stated he was “sick to [his] stomach” to learn he won a $250K judgment in Illinois federal court against a Florida woman who earned $380, selling 18 handmade Luke...more

Shutts & Bowen LLP

Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

Shutts & Bowen LLP on

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

Marshall Dennehey

Third District Court of Appeals Affirms Trial Court’s Decision Allowing a Fully Completed and Executed CMS Form 1500 to Serve as...

Marshall Dennehey on

Mercury Indem. Co. of Am. v. Pan Am Diagnostic of Orlando, No. 3D22-161, 2023 WL 3855482 (Fla. 3d DCA Jun. 7, 2023) - This appeal involved a suit for the payment of personal injury protection (PIP) benefits. The insured...more

Faegre Drinker Biddle & Reath LLP

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

54 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide