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  • Commentaries
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Florida Case Commentaries

Affirmation of Effective Counsel and Procedural Bar on Postconviction Relief: Ronnie JOHNSON v. STATE of Florida

Affirmation of Effective Counsel and Procedural Bar on Postconviction Relief: Ronnie JOHNSON v. STATE of Florida

Date: May 27, 2005
Affirmation of Effective Counsel and Procedural Bar on Postconviction Relief: Ronnie JOHNSON v. STATE of Florida Introduction The case of Ronnie Johnson, Appellant, against the State of Florida,...
Supreme Court of Florida Establishes Substantial Change Test for Modification of Rotating Custody Agreements

Supreme Court of Florida Establishes Substantial Change Test for Modification of Rotating Custody Agreements

Date: May 27, 2005
Supreme Court of Florida Establishes Substantial Change Test for Modification of Rotating Custody Agreements Introduction In the landmark case of Carolyn R. Wade v. Michael D. Hirschman, decided by...
Florida Supreme Court Sets Strict Scrutiny for Juvenile Curfew Ordinances

Florida Supreme Court Sets Strict Scrutiny for Juvenile Curfew Ordinances

Date: May 6, 2005
Florida Supreme Court Sets Strict Scrutiny for Juvenile Curfew Ordinances Introduction In the landmark cases of State of Florida v. J.P. and State of Florida v. T.M., et al., the Supreme Court of...
Florida Supreme Court Establishes Uniform Discovery Standards for Bad Faith Insurance Claims

Florida Supreme Court Establishes Uniform Discovery Standards for Bad Faith Insurance Claims

Date: Apr 8, 2005
Florida Supreme Court Establishes Uniform Discovery Standards for Bad Faith Insurance Claims Introduction The case of Allstate Indemnity Company, et al., v. Joaquin Ruiz and Paulina Ruiz delves into...
Imposition of Duty to Warn: Florida Power Light Co. v. Goldberg Establishes Utility Companies' Obligation to Notify Motorists of Traffic Signal Disruptions

Imposition of Duty to Warn: Florida Power Light Co. v. Goldberg Establishes Utility Companies' Obligation to Notify Motorists of Traffic Signal Disruptions

Date: Apr 8, 2005
Imposition of Duty to Warn: Florida Power Light Co. v. Goldberg Establishes Utility Companies' Obligation to Notify Motorists of Traffic Signal Disruptions Introduction In Florida Power Light Co. v....
Municipal Duty of Care in Public Swimming Areas: Analysis of Breaux v. City of Miami Beach

Municipal Duty of Care in Public Swimming Areas: Analysis of Breaux v. City of Miami Beach

Date: Mar 25, 2005
Municipal Duty of Care in Public Swimming Areas: Analysis of Breaux v. City of Miami Beach Introduction In the landmark case of Breaux v. City of Miami Beach, decided by the Supreme Court of Florida...
Eligibility for Attorney's Fees under FEAJA for Individual Owners of Corporations

Eligibility for Attorney's Fees under FEAJA for Individual Owners of Corporations

Date: Mar 11, 2005
Eligibility for Attorney's Fees under FEAJA for Individual Owners of Corporations Introduction In the case of Shari Daniels v. Florida Department of Health, the Supreme Court of Florida addressed a...
Florida Supreme Court Upholds Insurer’s Duty of Good Faith in Settling Minor Claims Without Court Approval

Florida Supreme Court Upholds Insurer’s Duty of Good Faith in Settling Minor Claims Without Court Approval

Date: Mar 1, 2005
Florida Supreme Court Upholds Insurer’s Duty of Good Faith in Settling Minor Claims Without Court Approval Introduction The case of Barry Berges v. Infinity Insurance Company addresses a critical...
Waiver of Arbitration Rights Without Proof of Prejudice: Raymond James Financial Services, Inc. v. Saldukas

Waiver of Arbitration Rights Without Proof of Prejudice: Raymond James Financial Services, Inc. v. Saldukas

Date: Feb 25, 2005
Waiver of Arbitration Rights Without Proof of Prejudice: Raymond James Financial Services, Inc. v. Saldukas Introduction The case of Raymond James Financial Services, Inc., et al. v. Steven W....
Florida Supreme Court Upholds Dual Convictions for Attempted Second-Degree Murder and Aggravated Battery on a Law Enforcement Officer Without Violating Double Jeopardy

Florida Supreme Court Upholds Dual Convictions for Attempted Second-Degree Murder and Aggravated Battery on a Law Enforcement Officer Without Violating Double Jeopardy

Date: Feb 18, 2005
Florida Supreme Court Upholds Dual Convictions for Attempted Second-Degree Murder and Aggravated Battery on a Law Enforcement Officer Without Violating Double Jeopardy Introduction In the landmark...
Preservation Requirements for Withdrawal of Plea Motions: HARRELL v. STATE Sets New Precedent

Preservation Requirements for Withdrawal of Plea Motions: HARRELL v. STATE Sets New Precedent

Date: Feb 11, 2005
Preservation Requirements for Withdrawal of Plea Motions: HARRELL v. STATE Sets New Precedent Introduction The case of Dwayne Lamont HARRELL v. STATE of Florida, adjudicated by the Supreme Court of...
Expansion of Declaratory Judgment Authority in Insurance Coverage Disputes: State Farm Fire Cas. Co. v. Higgins

Expansion of Declaratory Judgment Authority in Insurance Coverage Disputes: State Farm Fire Cas. Co. v. Higgins

Date: Feb 1, 2005
Expansion of Declaratory Judgment Authority in Insurance Coverage Disputes: State Farm Fire Cas. Co. v. Higgins Introduction State Farm Fire and Casualty Company v. Higgins is a landmark decision by...
Affirmation of Felony Murder Conviction Amid Partial Reduction of Underlying Felony in Willie Seth Crain v. State of Florida

Affirmation of Felony Murder Conviction Amid Partial Reduction of Underlying Felony in Willie Seth Crain v. State of Florida

Date: Jan 26, 2005
Affirmation of Felony Murder Conviction Amid Partial Reduction of Underlying Felony in Willie Seth Crain v. State of Florida Introduction Case: Willie Seth Crain, Appellant, v. STATE of Florida,...
Supreme Court of Florida Clarifies Economic Loss Doctrine in Negligence Actions

Supreme Court of Florida Clarifies Economic Loss Doctrine in Negligence Actions

Date: Dec 24, 2004
Supreme Court of Florida Clarifies Economic Loss Doctrine in Negligence Actions Introduction In the landmark case of Indemnity Insurance Company of North America, et al. v. American Aviation, Inc.,...
Florida Supreme Court Rules Tripp Credit Inapplicable to Habitual Felony Offender Sentences

Florida Supreme Court Rules Tripp Credit Inapplicable to Habitual Felony Offender Sentences

Date: Dec 24, 2004
Florida Supreme Court Rules Tripp Credit Inapplicable to Habitual Felony Offender Sentences Introduction In the landmark case of State of Florida v. Gary Matthews (891 So.2d 479, 2004), the Supreme...
Limiting Dismissal with Prejudice for Discovery Violations: Insights from HAM v. DUNMIRE

Limiting Dismissal with Prejudice for Discovery Violations: Insights from HAM v. DUNMIRE

Date: Dec 24, 2004
Limiting Dismissal with Prejudice for Discovery Violations: Insights from HAM v. DUNMIRE Introduction The case of Suzanne S. Ham v. Scott Ryan Dunmire, et al. adjudicated by the Supreme Court of...
Strict Limitations on Appellate Review of Nonfinal Orders Denying Workers' Compensation Immunity

Strict Limitations on Appellate Review of Nonfinal Orders Denying Workers' Compensation Immunity

Date: Dec 17, 2004
Strict Limitations on Appellate Review of Nonfinal Orders Denying Workers' Compensation Immunity Introduction The case of Reeves v. Fleetwood Homes of Florida, Inc., 889 So. 2d 812 (Fla. 2004),...
Florida Supreme Court Affirms Insurance Coverage for Objectively Substantial Intentional Torts under Workers' Compensation Law

Florida Supreme Court Affirms Insurance Coverage for Objectively Substantial Intentional Torts under Workers' Compensation Law

Date: Dec 10, 2004
Florida Supreme Court Affirms Insurance Coverage for Objectively Substantial Intentional Torts under Workers' Compensation Law Introduction The case of Travelers Indemnity Company v. PCR Incorporated...
Enforcement of Franchise Fees Post-Agreement Expiration: Florida Power Corp. v. City of Winter Park

Enforcement of Franchise Fees Post-Agreement Expiration: Florida Power Corp. v. City of Winter Park

Date: Oct 29, 2004
Enforcement of Franchise Fees Post-Agreement Expiration: Florida Power Corp. v. City of Winter Park Introduction Florida Power Corporation ("FPC") appealed a decision by the Supreme Court of Florida...
Balancing Customer Preference and Historical Presence in Utility Territorial Disputes: A Comprehensive Analysis of West Florida Electric Cooperative Association v. E. Leon Jacobs, Jr.

Balancing Customer Preference and Historical Presence in Utility Territorial Disputes: A Comprehensive Analysis of West Florida Electric Cooperative Association v. E. Leon Jacobs, Jr.

Date: Oct 22, 2004
Balancing Customer Preference and Historical Presence in Utility Territorial Disputes Introduction The case of West Florida Electric Cooperative Association, Inc. v. E. Leon Jacobs, Jr., et al.,...
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