Florida Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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...

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

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

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

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

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...