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  • Commentaries
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Florida Case Commentaries

Supreme Court of Florida Rules Against Rule 3.800(a) Challenges to Time Served Credit Provisions in Plea Agreements

Supreme Court of Florida Rules Against Rule 3.800(a) Challenges to Time Served Credit Provisions in Plea Agreements

Date: Apr 22, 2011
Supreme Court of Florida Rules Against Rule 3.800(a) Challenges to Time Served Credit Provisions in Plea Agreements Introduction The cases of Andrea JOHNSON v. STATE of Florida and Bernard JOYNER v....
Equitable Distribution of Passive Appreciation in Non-Marital Property: Insights from KAAA v. KAAA

Equitable Distribution of Passive Appreciation in Non-Marital Property: Insights from KAAA v. KAAA

Date: Apr 1, 2011
Equitable Distribution of Passive Appreciation in Non-Marital Property: Insights from KAAA v. KAAA Introduction Katherine KAAA v. Joseph KAAA, 58 So. 3d 867, adjudicated by the Supreme Court of...
Florida Supreme Court Establishes Apprendi and Blakely Applicability to Resentencing Proceedings

Florida Supreme Court Establishes Apprendi and Blakely Applicability to Resentencing Proceedings

Date: Feb 4, 2011
Florida Supreme Court Establishes Apprendi and Blakely Applicability to Resentencing Proceedings Introduction In the landmark decision of STATE of Florida v. Christian Fleming, 61 So.3d 399 (Fla....
Clarence DENNIS v. STATE of Florida: Establishing Pretrial Evidentiary Hearings for Statutory Immunity Claims Under Section 776.032

Clarence DENNIS v. STATE of Florida: Establishing Pretrial Evidentiary Hearings for Statutory Immunity Claims Under Section 776.032

Date: Dec 17, 2010
Clarence DENNIS v. STATE of Florida: Establishing Pretrial Evidentiary Hearings for Statutory Immunity Claims Under Section 776.032 Introduction The case of Clarence DENNIS v. STATE of Florida (51...
Fundamental Due Process Violation in Aggravated Battery Conviction: JAIMES v. STATE of Florida

Fundamental Due Process Violation in Aggravated Battery Conviction: JAIMES v. STATE of Florida

Date: Dec 10, 2010
Fundamental Due Process Violation in Aggravated Battery Conviction: JAIMES v. STATE of Florida Introduction Parties Involved: Petitioner: Aniceto Jaimes Respondent: State of Florida Court: Supreme...
Colodny v. Judicial Qualifications Commission: Sanctions for Judicial Campaign Finance Misconduct

Colodny v. Judicial Qualifications Commission: Sanctions for Judicial Campaign Finance Misconduct

Date: Dec 3, 2010
Colodny v. Judicial Qualifications Commission: Sanctions for Judicial Campaign Finance Misconduct Introduction The case of Colodny v. Judicial Qualifications Commission (JQC), decided by the Supreme...
Supreme Court Upholds '10-20-Life' Mandatory Minimums Over General Sentencing Maximums

Supreme Court Upholds '10-20-Life' Mandatory Minimums Over General Sentencing Maximums

Date: Oct 29, 2010
Supreme Court Upholds '10-20-Life' Mandatory Minimums Over General Sentencing Maximums Introduction In the landmark case of Charles MENDENHALL v. STATE of Florida, the Supreme Court of Florida...
SCHOENWETTER v. STATE of Florida: Reinforcing the Strickland Standard for Ineffective Assistance of Counsel

SCHOENWETTER v. STATE of Florida: Reinforcing the Strickland Standard for Ineffective Assistance of Counsel

Date: Oct 7, 2010
SCHOENWETTER v. STATE of Florida: Reinforcing the Strickland Standard for Ineffective Assistance of Counsel Introduction In SCHOENWETTER v. STATE of Florida, 931 So.2d 535 (Fla. 2010), the Supreme...
Clarifying Justifiable Reliance and the Tipsy Coachman Doctrine in Misrepresentation Claims

Clarifying Justifiable Reliance and the Tipsy Coachman Doctrine in Misrepresentation Claims

Date: Sep 9, 2010
Clarifying Justifiable Reliance and the Tipsy Coachman Doctrine in Misrepresentation Claims Introduction Robert T. Butler v. Henry Yusem, et al. is a pivotal case adjudicated by the Supreme Court of...
Clarification on Rehearing Denial in STATE OF FLORIDA v. STEVEN W. MONTGOMERY

Clarification on Rehearing Denial in STATE OF FLORIDA v. STEVEN W. MONTGOMERY

Date: Jun 29, 2010
Clarification on Rehearing Denial in STATE OF FLORIDA v. STEVEN W. MONTGOMERY Introduction In the case of State of Florida v. Steven W. Montgomery (39 So. 3d 252), the Supreme Court of Florida was...
Establishing Personal Jurisdiction in the Digital Age: Insights from Internet Solutions Corp. v. Tabatha Marshall

Establishing Personal Jurisdiction in the Digital Age: Insights from Internet Solutions Corp. v. Tabatha Marshall

Date: Jun 18, 2010
Establishing Personal Jurisdiction in the Digital Age: Insights from Internet Solutions Corp. v. Tabatha Marshall Introduction The case of Internet Solutions Corporation v. Tabatha Marshall (39 So....
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...
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