Florida Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...