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  • Commentaries
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Florida Case Commentaries

Dual-Period Recapture Window Affirmed in State v. S.A.

Dual-Period Recapture Window Affirmed in State v. S.A.

Date: Feb 14, 2014
Dual-Period Recapture Window Affirmed in State v. S.A. Introduction State of Florida v. S.A., 133 So. 3d 506 (Fla. 2014), is a landmark decision by the Supreme Court of Florida that clarifies the...
Florida Supreme Court Establishes Comprehensive Reforms to Postconviction Relief Procedures

Florida Supreme Court Establishes Comprehensive Reforms to Postconviction Relief Procedures

Date: Feb 7, 2014
Florida Supreme Court Establishes Comprehensive Reforms to Postconviction Relief Procedures Introduction On February 6, 2014, the Supreme Court of Florida issued a landmark decision in In re...
Affirmation of First-Degree Murder Conviction and Death Sentence in GOSCIMINSKI v. STATE of Florida

Affirmation of First-Degree Murder Conviction and Death Sentence in GOSCIMINSKI v. STATE of Florida

Date: Jan 29, 2014
Affirmation of First-Degree Murder Conviction and Death Sentence in GOSCIMINSKI v. STATE of Florida Introduction The case of Andrew Michael Gosciminski versus the State of Florida presents a complex...
Florida Supreme Court Limits Jurisdiction Over Unelaborated Per Curiam Dismissals

Florida Supreme Court Limits Jurisdiction Over Unelaborated Per Curiam Dismissals

Date: Jan 17, 2014
Florida Supreme Court Limits Jurisdiction Over Unelaborated Per Curiam Dismissals Introduction The case of Arrington R. Wells v. State of Florida, reported at 132 So. 3d 1110, presents a pivotal...
Affirmation of Denial of Postconviction Relief in MUHAMMAD v. STATE and Order for Disclosure of Inmate and Medical Records

Affirmation of Denial of Postconviction Relief in MUHAMMAD v. STATE and Order for Disclosure of Inmate and Medical Records

Date: Dec 20, 2013
Affirmation of Denial of Postconviction Relief in MUHAMMAD v. STATE and Order for Disclosure of Inmate and Medical Records Introduction In the landmark case of Askari Abdullah MUHAMMAD f/k/a Thomas...
Judicial Foreclosure Sale Set-Aside: Adequacy of Bid Price Not Required – Arsali v. Chase Home Finance

Judicial Foreclosure Sale Set-Aside: Adequacy of Bid Price Not Required – Arsali v. Chase Home Finance

Date: Jul 12, 2013
Judicial Foreclosure Sale Set-Aside: Adequacy of Bid Price Not Required – Arsali v. Chase Home Finance Introduction Nicholas Arsali v. Chase Home Finance LLC, et al., 121 So. 3d 511 (Fla. 2013), is a...
Florida Supreme Court Rules on Ambiguity in Insurance Policy Construction

Florida Supreme Court Rules on Ambiguity in Insurance Policy Construction

Date: Jul 4, 2013
Florida Supreme Court Rules on Ambiguity in Insurance Policy Construction Introduction The case of Washington National Insurance Corporation v. Sydelle Ruderman (117 So. 3d 943, 2013) presents a...
DELMONICO v. TRAYNOR: Establishing Qualified Privilege for Ex-Parte Attorney Statements in Florida

DELMONICO v. TRAYNOR: Establishing Qualified Privilege for Ex-Parte Attorney Statements in Florida

Date: Jun 18, 2013
DELMONICO v. TRAYNOR: Establishing Qualified Privilege for Ex-Parte Attorney Statements in Florida Introduction DELMONICO v. TRAYNOR, 116 So. 3d 1205 (Fla. 2013), is a landmark decision by the...
Alcorn v. State of Florida: Establishing a Four-Prong Test for Ineffective Assistance of Counsel in Plea Bargaining

Alcorn v. State of Florida: Establishing a Four-Prong Test for Ineffective Assistance of Counsel in Plea Bargaining

Date: Jun 14, 2013
Alcorn v. State of Florida: Establishing a Four-Prong Test for Ineffective Assistance of Counsel in Plea Bargaining Introduction Parties Involved: Tommy Lee Alcorn (Petitioner) versus the State of...
Validity of Alternative Fee Recovery Clauses in Indemnity Agreements: Analysis of First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc.

Validity of Alternative Fee Recovery Clauses in Indemnity Agreements: Analysis of First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc.

Date: May 31, 2013
Validity of Alternative Fee Recovery Clauses in Indemnity Agreements: Analysis of First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc. Introduction The case of First...
Florida Supreme Court Validates Single $100,000 Parental Award under Birth-Related Neurological Injury Compensation Plan

Florida Supreme Court Validates Single $100,000 Parental Award under Birth-Related Neurological Injury Compensation Plan

Date: May 17, 2013
Florida Supreme Court Validates Single $100,000 Parental Award under Birth-Related Neurological Injury Compensation Plan Introduction The case of Angela Samples, et al. v. Florida Birth–Related...
Cost Recovery for Nuclear Power Plant Preconstruction: Southern Alliance for Clean Energy v. Art Graham

Cost Recovery for Nuclear Power Plant Preconstruction: Southern Alliance for Clean Energy v. Art Graham

Date: May 3, 2013
Cost Recovery for Nuclear Power Plant Preconstruction: Southern Alliance for Clean Energy v. Art Graham Introduction In Southern Alliance for Clean Energy (SACE) v. Art Graham, 113 So. 3d 742 (Fla....
Florida Supreme Court Affirms Death Sentence for Braddy Despite Alleged Prosecutorial Misconduct in Closing Arguments

Florida Supreme Court Affirms Death Sentence for Braddy Despite Alleged Prosecutorial Misconduct in Closing Arguments

Date: Apr 11, 2013
Florida Supreme Court Affirms Death Sentence for Braddy Despite Alleged Prosecutorial Misconduct in Closing Arguments Introduction In Harrel Franklin Braddy v. State of Florida, 111 So. 3d 810 (Fla....
Res Judicata Effect of Class Action Phase I Findings Affirmed in Philip Morris USA, Inc. v. Douglas

Res Judicata Effect of Class Action Phase I Findings Affirmed in Philip Morris USA, Inc. v. Douglas

Date: Mar 15, 2013
Res Judicata Effect of Class Action Phase I Findings Affirmed in Philip Morris USA, Inc. v. Douglas Introduction The case of Philip Morris USA, Inc., et al. v. James L. Douglas, etc. (110 So.3d 419)...
Affirmation of Denied Postconviction and Habeas Relief in DENNIS v. STATE: Standards for Ineffective Assistance of Counsel

Affirmation of Denied Postconviction and Habeas Relief in DENNIS v. STATE: Standards for Ineffective Assistance of Counsel

Date: Mar 9, 2013
Affirmation of Denied Postconviction and Habeas Relief in DENNIS v. STATE: Standards for Ineffective Assistance of Counsel Introduction DENNIS v. STATE (109 So. 3d 680, Supreme Court of Florida,...
Limiting the Economic Loss Rule to Products Liability: Insights from Tiara Condominium Association v. Marsh & McLennan Companies

Limiting the Economic Loss Rule to Products Liability: Insights from Tiara Condominium Association v. Marsh & McLennan Companies

Date: Mar 8, 2013
Limiting the Economic Loss Rule to Products Liability: Insights from Tiara Condominium Association v. Marsh & McLennan Companies Introduction The Supreme Court of Florida's decision in Tiara...
Fundamental Error in Jury Instructions: Revisiting Manslaughter by Act in Second-Degree Murder Convictions

Fundamental Error in Jury Instructions: Revisiting Manslaughter by Act in Second-Degree Murder Convictions

Date: Feb 15, 2013
Fundamental Error in Jury Instructions: Revisiting Manslaughter by Act in Second-Degree Murder Convictions Introduction In the landmark case of Jeremy HAYGOOD v. STATE of Florida (109 So. 3d 735),...
Inherent Authority Limitations in Voluntary Dismissals: Pino v. Bank of New York Mellon

Inherent Authority Limitations in Voluntary Dismissals: Pino v. Bank of New York Mellon

Date: Feb 8, 2013
Inherent Authority Limitations in Voluntary Dismissals: Pino v. Bank of New York Mellon Introduction Roman Pino, the petitioner, initiated a legal challenge against The Bank of New York Mellon, among...
Arbitration Provision and Fraud Claims: Jackson v. Shakespeare Foundation

Arbitration Provision and Fraud Claims: Jackson v. Shakespeare Foundation

Date: Feb 1, 2013
Arbitration Provision and Fraud Claims: Jackson v. Shakespeare Foundation Introduction In George Jackson, et al. v. The Shakespeare Foundation, Inc., et al., 108 So. 3d 587 (Fla. 2013), the Supreme...
Rebuttable Presumption in Rear-End Collision Cases Under Florida's Comparative Negligence System

Rebuttable Presumption in Rear-End Collision Cases Under Florida's Comparative Negligence System

Date: Jan 25, 2013
Rebuttable Presumption in Rear-End Collision Cases Under Florida's Comparative Negligence System Introduction The case of Warren A. Birge v. Crystal D. Charron, decided by the Supreme Court of...
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