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  • Commentaries
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Florida Case Commentaries

New Precedent on Attorney's Fees and Offer of Judgment under FDUTPA: Diamond Aircraft Industries, Inc. v. Horowitch

New Precedent on Attorney's Fees and Offer of Judgment under FDUTPA: Diamond Aircraft Industries, Inc. v. Horowitch

Date: Jan 11, 2013
New Precedent on Attorney's Fees and Offer of Judgment under FDUTPA: Diamond Aircraft Industries, Inc. v. Horowitch Introduction Diamond Aircraft Industries, Inc. v. Alan Horowitch is a cornerstone...
Limitations on Interlocutory Review of Sovereign Immunity Claims: Citizens Property Insurance Corp. v. San Perdido Association

Limitations on Interlocutory Review of Sovereign Immunity Claims: Citizens Property Insurance Corp. v. San Perdido Association

Date: Nov 16, 2012
Limitations on Interlocutory Review of Sovereign Immunity Claims: Citizens Property Insurance Corp. v. San Perdido Association Introduction The case of Citizens Property Insurance Corporation v. San...
Strict Standards for Certiorari Relief in Discovery Orders: Insights from Board of Trustees v. American Educational Enterprises

Strict Standards for Certiorari Relief in Discovery Orders: Insights from Board of Trustees v. American Educational Enterprises

Date: Sep 28, 2012
Strict Standards for Certiorari Relief in Discovery Orders: Insights from Board of Trustees v. American Educational Enterprises Introduction The case of Board of Trustees of the Internal Improvement...
Unconstitutionality of Special Lien Laws: Shands v. Mercury Insurance Co. of Florida

Unconstitutionality of Special Lien Laws: Shands v. Mercury Insurance Co. of Florida

Date: Sep 5, 2012
Unconstitutionality of Special Lien Laws: Shands v. Mercury Insurance Co. of Florida Introduction The landmark case of Shands Teaching Hospital and Clinics, Inc. v. Mercury Insurance Company of...
Florida Supreme Court Upholds Strict Liability in Controlled Substance Offenses under Chapter 893

Florida Supreme Court Upholds Strict Liability in Controlled Substance Offenses under Chapter 893

Date: Jul 13, 2012
Florida Supreme Court Upholds Strict Liability in Controlled Substance Offenses under Chapter 893 Introduction The case of State of Florida v. Luke Jarrod Adkins (96 So. 3d 412) addresses the...
NORDELO v. STATE (93 So. 3d 178): Redefining Standards for Newly Discovered Evidence in Postconviction Relief

NORDELO v. STATE (93 So. 3d 178): Redefining Standards for Newly Discovered Evidence in Postconviction Relief

Date: Jun 8, 2012
NORDELO v. STATE (93 So. 3d 178): Redefining Standards for Newly Discovered Evidence in Postconviction Relief Introduction In NORDELO v. STATE, the Supreme Court of Florida addressed pivotal issues...
Florida Supreme Court Affirms Statutory First-Party Bad Faith Claims and Upholds Hurricane Deductible Enforcement

Florida Supreme Court Affirms Statutory First-Party Bad Faith Claims and Upholds Hurricane Deductible Enforcement

Date: Jun 1, 2012
Florida Supreme Court Affirms Statutory First-Party Bad Faith Claims and Upholds Hurricane Deductible Enforcement Introduction The case of QBE Insurance Corporation v. Chalfonte Condominium Apartment...
Expansion of Second-Tier Certiorari Jurisdiction in Florida's Implied Consent Cases

Expansion of Second-Tier Certiorari Jurisdiction in Florida's Implied Consent Cases

Date: May 5, 2012
Expansion of Second-Tier Certiorari Jurisdiction in Florida's Implied Consent Cases Introduction In the landmark case of Susan Nader v. Florida Department of Highway Safety and Motor Vehicles, the...
Establishing Standing in Mortgage Foreclosure: McLean v. JP Morgan Chase Bank

Establishing Standing in Mortgage Foreclosure: McLean v. JP Morgan Chase Bank

Date: Feb 9, 2012
Establishing Standing in Mortgage Foreclosure: McLean v. JP Morgan Chase Bank Introduction The case of Robert McLean v. JP Morgan Chase Bank National Association explores the critical issue of...
Broad Interpretation of Consent in Insurance Coverage: Geico Indemnity Co. v. Shazier

Broad Interpretation of Consent in Insurance Coverage: Geico Indemnity Co. v. Shazier

Date: Jan 24, 2012
Broad Interpretation of Consent in Insurance Coverage: Geico Indemnity Co. v. Shazier Introduction Geico Indemnity Co. v. Shazier is a landmark decision by the Supreme Court of Florida that redefines...
Amendment 7 Mandates Disclosure of Medical Credentialing Records: Insights from West Florida Regional Medical Center v. See

Amendment 7 Mandates Disclosure of Medical Credentialing Records: Insights from West Florida Regional Medical Center v. See

Date: Jan 13, 2012
Amendment 7 Mandates Disclosure of Medical Credentialing Records: Insights from West Florida Regional Medical Center v. See Introduction The case of West Florida Regional Medical Center, Inc., etc.,...
Affirmation of Capital Murder Convictions in Knight v. State: Procedural Standards and Proportionality of Death Sentences

Affirmation of Capital Murder Convictions in Knight v. State: Procedural Standards and Proportionality of Death Sentences

Date: Dec 16, 2011
Affirmation of Capital Murder Convictions in Knight v. State: Procedural Standards and Proportionality of Death Sentences Introduction Richard Knight v. State of Florida (76 So. 3d 879) is a...
Florida Appellate Court Upholds Constitutionality of Controlled Substance Possession Statute, Reforms Improper Fees Imposed

Florida Appellate Court Upholds Constitutionality of Controlled Substance Possession Statute, Reforms Improper Fees Imposed

Date: Dec 1, 2011
Florida Appellate Court Upholds Constitutionality of Controlled Substance Possession Statute, Reforms Improper Fees Imposed Introduction In the landmark appellate case of Herman P. Maestas v. State...
Time Limitations Under Florida Rule 3.850 Affirmed in CARBAJAL v. STATE

Time Limitations Under Florida Rule 3.850 Affirmed in CARBAJAL v. STATE

Date: Nov 4, 2011
Time Limitations Under Florida Rule 3.850 Affirmed in CARBAJAL v. STATE Introduction The case of CARBAJAL v. STATE, adjudicated by the Supreme Court of Florida on November 3, 2011, addresses the...
Affirmation of Denial of Postconviction Relief in HOSKINS v. STATE: Implications for Ineffective Assistance Claims

Affirmation of Denial of Postconviction Relief in HOSKINS v. STATE: Implications for Ineffective Assistance Claims

Date: Nov 4, 2011
Affirmation of Denial of Postconviction Relief in HOSKINS v. STATE: Implications for Ineffective Assistance Claims Introduction The case of Johnny HOSKINS v. STATE of Florida (75 So. 3d 250, Supreme...
Strict Enforcement of Filing Deadlines for Objections to Personal Representative Qualifications: Analysis of Sol v. Hill

Strict Enforcement of Filing Deadlines for Objections to Personal Representative Qualifications: Analysis of Sol v. Hill

Date: Sep 2, 2011
Strict Enforcement of Filing Deadlines for Objections to Personal Representative Qualifications: Analysis of Sol v. Hill Introduction Solveig Edna Hill v. Douglas Davis, 70 So. 3d 572 (Fla. 2011),...
Clarifying Household Exclusions in Automobile Insurance: State Farm v. Menendez

Clarifying Household Exclusions in Automobile Insurance: State Farm v. Menendez

Date: Aug 26, 2011
Clarifying Household Exclusions in Automobile Insurance: State Farm v. Menendez Introduction In the landmark case of State Farm Mutual Automobile Insurance Company v. Gilda Menendez, decided on...
Effective Assistance of Counsel in Immigration Consequences: Hernandez v. State of Florida

Effective Assistance of Counsel in Immigration Consequences: Hernandez v. State of Florida

Date: Jun 18, 2011
Effective Assistance of Counsel in Immigration Consequences: Hernandez v. State of Florida Introduction Hernandez v. State of Florida, 61 So. 3d 1144 (2011), adjudicated by the District Court of...
Affirmative Defense Burden in PIP Claims: Insights from Custer Medical Center v. United Automobile Insurance Co.

Affirmative Defense Burden in PIP Claims: Insights from Custer Medical Center v. United Automobile Insurance Co.

Date: May 19, 2011
Affirmative Defense Burden in PIP Claims: Insights from Custer Medical Center v. United Automobile Insurance Co. Introduction The case of Custer Medical Center a/a/o Maximo Masis, Petitioner, v....
Florida Supreme Court Restricts Certiorari Review in Medical Malpractice Expert Qualification: OKEN v. WILLIAMS

Florida Supreme Court Restricts Certiorari Review in Medical Malpractice Expert Qualification: OKEN v. WILLIAMS

Date: May 6, 2011
Florida Supreme Court Restricts Certiorari Review in Medical Malpractice Expert Qualification: OKEN v. WILLIAMS Introduction The case of Ted Williams v. Keith Robinson Oken, M.D., et al. (62 So. 3d...
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