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  • Commentaries
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Florida Case Commentaries

Recovery of Economic Losses by Commercial Fishermen Under Florida Statute 376.313

Recovery of Economic Losses by Commercial Fishermen Under Florida Statute 376.313

Date: Jun 18, 2010
Recovery of Economic Losses by Commercial Fishermen Under Florida Statute 376.313 Introduction The case of Howard Curd, et al. v. Mosaic Fertilizer, LLC represents a pivotal moment in Florida's...
Limiting Third-Party Bad Faith Claims in Indemnity Insurance Policies: Insights from PERERA v. U.S. FIDELITY and Guaranty Company

Limiting Third-Party Bad Faith Claims in Indemnity Insurance Policies: Insights from PERERA v. U.S. FIDELITY and Guaranty Company

Date: May 7, 2010
Limiting Third-Party Bad Faith Claims in Indemnity Insurance Policies: Insights from PERERA v. U.S. FIDELITY and Guaranty Company Introduction Pamela Perera v. United States Fidelity and Guaranty...
Retroactive Application of Statutory Presuit Notice Provisions in Florida PIP Claims

Retroactive Application of Statutory Presuit Notice Provisions in Florida PIP Claims

Date: Apr 23, 2010
Retroactive Application of Statutory Presuit Notice Provisions in Florida PIP Claims Introduction The case of Louis R. Menendez, Jr., et al. v. Progressive Express Insurance Co., Inc. addresses a...
Florida Supreme Court Rules on Notice Requirements in Birth-Related Neurological Injury Compensation Cases

Florida Supreme Court Rules on Notice Requirements in Birth-Related Neurological Injury Compensation Cases

Date: Mar 2, 2010
Florida Supreme Court Rules on Notice Requirements in Birth-Related Neurological Injury Compensation Cases Introduction The case of Florida Birth-Related Neurological Injury Compensation Association...
Error Preservation Standards in Appellate Review: Insights from AILLS v. BOEMI

Error Preservation Standards in Appellate Review: Insights from AILLS v. BOEMI

Date: Feb 26, 2010
Error Preservation Standards in Appellate Review: Insights from AILLS v. BOEMI Introduction AILLS v. BOEMI, 29 So. 3d 1105 (Fla. 2010), is a pivotal case adjudicated by the Supreme Court of Florida...
Coverage for TCPA Violations under "Advertising Injury" in Commercial Liability Policies

Coverage for TCPA Violations under "Advertising Injury" in Commercial Liability Policies

Date: Jan 29, 2010
Coverage for TCPA Violations under "Advertising Injury" in Commercial Liability Policies Introduction The case of Michael Penzer, etc., Appellant, v. Transportation Insurance Company, Appellee,...
Resisting Without Violence in High-Crime Areas: Insights from C.E.L. v. STATE of Florida

Resisting Without Violence in High-Crime Areas: Insights from C.E.L. v. STATE of Florida

Date: Dec 18, 2009
Resisting Without Violence in High-Crime Areas: Insights from C.E.L. v. STATE of Florida Introduction C.E.L. v. STATE of Florida, 24 So. 3d 1181 (Fla. 2009), adjudicated by the Supreme Court of...
Fundamental Error Misconceptions in Postconviction Relief: Insights from Ernest L. Hughes v. State of Florida

Fundamental Error Misconceptions in Postconviction Relief: Insights from Ernest L. Hughes v. State of Florida

Date: Dec 12, 2009
Fundamental Error Misconceptions in Postconviction Relief: Insights from Ernest L. Hughes v. State of Florida Introduction Ernest L. Hughes v. State of Florida, 22 So. 3d 132 (Fla. 2d DCA 2009), is a...
Mosley v. State of Florida: Reinforcing Death Penalty Criteria and Aggravating Factors

Mosley v. State of Florida: Reinforcing Death Penalty Criteria and Aggravating Factors

Date: Sep 24, 2009
Mosley v. State of Florida: Reinforcing Death Penalty Criteria and Aggravating Factors Introduction Mosley v. State of Florida (46 So. 3d 510) is a significant case adjudicated by the Supreme Court...
Vacating Death Sentences Due to Ineffective Assistance of Counsel: HURST v. STATE of Florida

Vacating Death Sentences Due to Ineffective Assistance of Counsel: HURST v. STATE of Florida

Date: Sep 18, 2009
Vacating Death Sentences Due to Ineffective Assistance of Counsel: HURST v. STATE of Florida Introduction Timothy Lee HURST v. STATE of Florida, 18 So.3d 975 (Fla. 2009), is a landmark decision by...
Affirmation of Conviction and Sentencing in Wright v. State: Implications for Capital Sentencing and Evidence Admissibility

Affirmation of Conviction and Sentencing in Wright v. State: Implications for Capital Sentencing and Evidence Admissibility

Date: Sep 4, 2009
Affirmation of Conviction and Sentencing in Wright v. State: Implications for Capital Sentencing and Evidence Admissibility Introduction The case of Tavares Jerrod Wright v. State of Florida, decided...
Florida Supreme Court Establishes Exception for Pro Se Motions to Withdraw Plea Amid Adversarial Counsel Allegations in SHEPPARD v. STATE

Florida Supreme Court Establishes Exception for Pro Se Motions to Withdraw Plea Amid Adversarial Counsel Allegations in SHEPPARD v. STATE

Date: Aug 28, 2009
Florida Supreme Court Establishes Exception for Pro Se Motions to Withdraw Plea Amid Adversarial Counsel Allegations in SHEPPARD v. STATE Introduction In SHEPPARD v. STATE, the Supreme Court of...
Implied Consent Under Florida Statute 39.801(3)(d) Eliminates Requirement for Additional Grounds in Parental Rights Termination

Implied Consent Under Florida Statute 39.801(3)(d) Eliminates Requirement for Additional Grounds in Parental Rights Termination

Date: Jul 17, 2009
Implied Consent Under Florida Statute 39.801(3)(d) Eliminates Requirement for Additional Grounds in Parental Rights Termination Introduction Florida Department of Children and Family Services v....
Corey Smith v. State of Florida: Upholding Death Sentence Amid Procedural Appeals

Corey Smith v. State of Florida: Upholding Death Sentence Amid Procedural Appeals

Date: Mar 20, 2009
Corey Smith v. State of Florida: Upholding Death Sentence Amid Procedural Appeals Introduction Corey Smith v. State of Florida is a landmark case adjudicated by the Supreme Court of Florida on March...
Application of the Undertaker's Doctrine to Governmental Actors: Kelly Wallace v. Ed Dean

Application of the Undertaker's Doctrine to Governmental Actors: Kelly Wallace v. Ed Dean

Date: Feb 26, 2009
Application of the Undertaker's Doctrine to Governmental Actors: Kelly Wallace v. Ed Dean Introduction In the landmark case of Kelly Wallace v. Ed Dean, Sheriff of Marion County, decided by the...
Lawful Custody Requirement under the Jimmy Ryce Act: Florida Supreme Court Establishes Jurisdictional Precedent

Lawful Custody Requirement under the Jimmy Ryce Act: Florida Supreme Court Establishes Jurisdictional Precedent

Date: Jan 30, 2009
Lawful Custody Requirement under the Jimmy Ryce Act: Florida Supreme Court Establishes Jurisdictional Precedent Introduction The case of William Todd LARIMORE v. STATE of Florida serves as a pivotal...
Supreme Court of Florida Clarifies Application of Rule 1.525 on Attorneys' Fees and Costs

Supreme Court of Florida Clarifies Application of Rule 1.525 on Attorneys' Fees and Costs

Date: Jan 30, 2009
Supreme Court of Florida Clarifies Application of Rule 1.525 on Attorneys' Fees and Costs Introduction The case of AmerUs Life Insurance Company v. Michael H. Lait (2 So. 3d 203), adjudicated by the...
Affirmation of Summary Denials in Death Row Appeals: Reinforcing Standards for Postconviction Relief in Florida

Affirmation of Summary Denials in Death Row Appeals: Reinforcing Standards for Postconviction Relief in Florida

Date: Nov 8, 2008
Affirmation of Summary Denials in Death Row Appeals: Reinforcing Standards for Postconviction Relief in Florida Introduction The case of Wayne TOMPKINS v. STATE of Florida (994 So. 2d 1072),...
Rule of Lenity Applied: Defining Probation Conditions for Sexual Offenders in KASISCHKE v. STATE

Rule of Lenity Applied: Defining Probation Conditions for Sexual Offenders in KASISCHKE v. STATE

Date: Sep 20, 2008
Rule of Lenity Applied: Defining Probation Conditions for Sexual Offenders in KASISCHKE v. STATE Introduction The case of Donald Dean KASISCHKE v. STATE of Florida, decided by the Supreme Court of...
Salazar v. State: Affirmation of Death Sentence and Clarification of Abuse of Discretion Standard for Mistrial Motions

Salazar v. State: Affirmation of Death Sentence and Clarification of Abuse of Discretion Standard for Mistrial Motions

Date: Sep 18, 2008
Salazar v. State: Affirmation of Death Sentence and Clarification of Abuse of Discretion Standard for Mistrial Motions Introduction The case of Neil K. Salazar v. State of Florida (991 So. 2d 364)...
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