Florida Case Commentaries

Application of the Undertaker's Doctrine to Governmental Actors: Kelly Wallace v. Ed Dean

Date: Feb 26, 2009

Application of the Undertaker's Doctrine to Governmental Actors: Kelly Wallace v. Ed Dean Introduction In the landmark case of Kelly Wallace v. Ed Dean, Sheriff of Marion County, decided by the...

Lawful Custody Requirement under the Jimmy Ryce Act: Florida Supreme Court Establishes Jurisdictional Precedent

Date: Jan 30, 2009

Lawful Custody Requirement under the Jimmy Ryce Act: Florida Supreme Court Establishes Jurisdictional Precedent Introduction The case of William Todd LARIMORE v. STATE of Florida serves as a pivotal...

Supreme Court of Florida Clarifies Application of Rule 1.525 on Attorneys' Fees and Costs

Date: Jan 30, 2009

Supreme Court of Florida Clarifies Application of Rule 1.525 on Attorneys' Fees and Costs Introduction The case of AmerUs Life Insurance Company v. Michael H. Lait (2 So. 3d 203), adjudicated by the...

Affirmation of Summary Denials in Death Row Appeals: Reinforcing Standards for Postconviction Relief in Florida

Date: Nov 8, 2008

Affirmation of Summary Denials in Death Row Appeals: Reinforcing Standards for Postconviction Relief in Florida Introduction The case of Wayne TOMPKINS v. STATE of Florida (994 So. 2d 1072),...

Rule of Lenity Applied: Defining Probation Conditions for Sexual Offenders in KASISCHKE v. STATE

Date: Sep 20, 2008

Rule of Lenity Applied: Defining Probation Conditions for Sexual Offenders in KASISCHKE v. STATE Introduction The case of Donald Dean KASISCHKE v. STATE of Florida, decided by the Supreme Court of...

Salazar v. State: Affirmation of Death Sentence and Clarification of Abuse of Discretion Standard for Mistrial Motions

Date: Sep 18, 2008

Salazar v. State: Affirmation of Death Sentence and Clarification of Abuse of Discretion Standard for Mistrial Motions Introduction The case of Neil K. Salazar v. State of Florida (991 So. 2d 364)...

Clarifying Jurisdiction in Ejectment Actions and Rule 1.500(c) Applicability: Supreme Court of Florida's Ruling in Pro-Art Dental Lab Inc. v. V-Strategic Group LLC

Date: Jul 11, 2008

Clarifying Jurisdiction in Ejectment Actions and Rule 1.500(c) Applicability: Supreme Court of Florida's Ruling in Pro-Art Dental Lab Inc. v. V-Strategic Group LLC Introduction Pro-Art Dental Lab...

PETERS v. STATE: Crawford's Applicability to Probation Revocation Proceedings Clarified

Date: Jun 19, 2008

PETERS v. STATE: Crawford's Applicability to Probation Revocation Proceedings Clarified Introduction Robert Sheldon PETERS v. STATE of Florida, 984 So.2d 1227 (Fla. 2008), marks a significant moment...

Denial of Counsel During Sentencing: A Fundamental Error or Procedural Irregularity?

Date: May 30, 2008

Denial of Counsel During Sentencing: A Fundamental Error or Procedural Irregularity? Introduction The case of Bertha JACKSON v. STATE of Florida (983 So. 2d 562), adjudicated by the Supreme Court of...

GREEN v. STATE of Florida: Affirmation of Conviction and New Insights into Effective Assistance of Counsel

Date: Feb 1, 2008

GREEN v. STATE of Florida: Affirmation of Conviction and New Insights into Effective Assistance of Counsel Introduction The case of Crosley A. GREEN v. STATE of Florida, adjudicated by the Supreme...

Florida Supreme Court Reinforces Confrontation Clause Protections: Strict Standards for Hearsay Evidence under Crawford

Date: Jan 11, 2008

Florida Supreme Court Reinforces Confrontation Clause Protections: Strict Standards for Hearsay Evidence under Crawford Introduction The case of State of Florida v. Moroni Lopez (974 So. 2d 340)...

Subcontractor Defective Work as a Covered "Occurrence" Under CGL Policies: Analysis of United States Fire Insurance Co. v. J.S.U.B., Inc.

Date: Dec 21, 2007

Subcontractor Defective Work as a Covered "Occurrence" Under CGL Policies: Analysis of United States Fire Insurance Co. v. J.S.U.B., Inc. Introduction The case of United States Fire Insurance Co. v....

Affirmation of Death Sentence in Harold A. Blake v. State of Florida: Implications for Admissibility of Secretly Recorded Statements

Date: Dec 14, 2007

Affirmation of Death Sentence in Harold A. Blake v. State of Florida: Implications for Admissibility of Secretly Recorded Statements Introduction The case of Harold A. Blake v. State of Florida (972...

Safeguarding the Right to a Fair Trial: Insights from McDuffie v. Florida

Date: Nov 22, 2007

Safeguarding the Right to a Fair Trial: Insights from McDuffie v. Florida Introduction McDuffie v. State of Florida, 970 So.2d 312 (2007), is a landmark case adjudicated by the Supreme Court of...

No Duty for Residential Landowners in Foliage-Obstructed Intersections

Date: Nov 22, 2007

No Duty for Residential Landowners in Foliage-Obstructed Intersections Introduction In the landmark case of Be v. rly WILLIAMS, decided by the Supreme Court of Florida on November 21, 2007, the court...

Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures

Date: Nov 8, 2007

Florida Supreme Court Affirms Constitutionality of Lethal Injection Procedures Introduction In the landmark case Ian Deco Lightbourne v. Bill McCollum, et al. (969 So. 2d 326), the Supreme Court of...

Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company

Date: Oct 26, 2007

Clarifying Coverage for Additional Insureds: Florida Supreme Court's Decision in Garcia v. Federal Insurance Company Introduction In Garcia v. Federal Insurance Company, the Supreme Court of Florida...

BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions

Date: Oct 26, 2007

BROOKS v. STATE: Establishing the "Could-Have-Been-Imposed" Standard for Rule 3.800(a) Motions Introduction James L. BROOKS v. STATE of Florida (969 So. 2d 238) is a landmark decision by the Supreme...

Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims

Date: Oct 19, 2007

Overriding the Impact Rule: Florida Supreme Court Establishes Physical Contact Suffices for Emotional Distress Claims Introduction In the landmark case Marjorie Willis, et vir., Petitioners v. Gami...

Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality

Date: Oct 19, 2007

Florida Supreme Court Establishes Exception to Impact Rule for Negligent Breach of HIV Test Confidentiality Introduction In the landmark case of Florida Department of Corrections v. Lisa M. Abril, et...