Florida Case Commentaries

Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida

Date: Sep 28, 2007

Essential Element: Knowledge of Officer Status in Resisting Officer with Violence – POLITE v. STATE of Florida Introduction In Gary Lamar POLITE v. STATE of Florida (973 So. 2d 1107, 2007), the...

Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing

Date: Sep 27, 2007

Affirming Effective Counsel: Reinforcing the Strickland Standard in Capital Sentencing Introduction In the landmark case of Dolan DARLING a/k/a Sean Smith v. STATE of Florida (966 So. 2d 366), the...

Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout

Date: Sep 21, 2007

Florida Supreme Court Clarifies Valued Policy Law: Partial Covered Perils Do Not Mandate Full Policy Payout Introduction In the aftermath of Hurricane Ivan on September 16, 2004, the Cox family's...

Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A.

Date: Jul 13, 2007

Termination of Unmarried Biological Fathers' Parental Rights: Insights from HEART OF ADOPTIONS, INC. v. J.A. Introduction The case of Heart of Adoptions, Inc. v. J.A. (963 So. 2d 189), adjudicated by...

CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims

Date: Jul 6, 2007

CARRATELLI v. STATE of Florida: Establishing the Actual Bias Standard for Prejudice in Ineffective Assistance of Counsel Claims Introduction In CARRATELLI v. STATE of Florida, decided by the Supreme...

True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN

Date: Jun 15, 2007

True Inconsistent Verdicts in Felony Murder: Analysis of STATE v. BROWN Introduction STATE v. BROWN, 959 So. 2d 218 (Fla. 2007), is a landmark decision by the Supreme Court of Florida that addresses...

Discrepancy Between Oral and Written Sentences Cognizable Under Rule 3.800(a): An Analysis of WILLIAMS v. STATE

Date: May 18, 2007

Discrepancy Between Oral and Written Sentences Cognizable Under Rule 3.800(a): An Analysis of WILLIAMS v. STATE Introduction WILLIAMS v. STATE, 957 So.2d 600 (Fla. 2007), is a landmark decision by...

Expansion of Florida's Litigation Privilege to All Causes of Action: Analysis of Echevarria v. Cole

Date: Feb 2, 2007

Expansion of Florida's Litigation Privilege to All Causes of Action: Analysis of Echevarria v. Cole Introduction Echevarria, McCalla, Raymer, Barrett Frappier, et al. v. Bradley Cole, et al., 950 So....

Supreme Court of Florida Clarifies ALJ Jurisdiction Over Notice Requirements in NICA Claims

Date: Jan 12, 2007

Supreme Court of Florida Clarifies ALJ Jurisdiction Over Notice Requirements in NICA Claims Introduction The Supreme Court of Florida addressed a pivotal issue concerning the jurisdiction of...

Ensuring Proper Weighing of Mitigating Circumstances in Capital Sentencing: Coday v. State of Florida

Date: Jan 9, 2007

Ensuring Proper Weighing of Mitigating Circumstances in Capital Sentencing: Coday v. State of Florida Introduction In the landmark case of William Coday, Appellant, v. STATE of Florida, Appellee (946...

SANDERS v. STATE: Redefining Ineffective Assistance of Counsel in Lesser-Included Offense Claims

Date: Jan 6, 2007

SANDERS v. STATE: Redefining Ineffective Assistance of Counsel in Lesser-Included Offense Claims Introduction SANDERS v. STATE and WILLIS v. STATE are pivotal cases adjudicated by the Supreme Court...

Limits on Class Action Certification for FDUTPA Claims: Analysis of Rollins, Inc. v. Butland

Date: Jan 3, 2007

Limits on Class Action Certification for FDUTPA Claims: Analysis of Rollins, Inc. v. Butland Introduction In Rollins, Inc., and Orkin Exterminating Company, Inc. v. Mark Butland et al., the District...

Affirmation of Surety Obligee as "Insured" Under Florida Statutes: A Comprehensive Analysis of Dadeland Depot, Inc. v. St. Paul Fire and Marine Insurance Co.

Date: Dec 22, 2006

Affirmation of Surety Obligee as "Insured" Under Florida Statutes: A Comprehensive Analysis of Dadeland Depot, Inc. v. St. Paul Fire and Marine Insurance Co. Introduction The case of Dadeland Depot,...

Establishing Proper Venue and Procedure for Sentence-Reducing Credit Challenges: BUSH v. STATE

Date: Dec 22, 2006

Establishing Proper Venue and Procedure for Sentence-Reducing Credit Challenges: BUSH v. STATE Introduction BUSH v. STATE, decided by the Supreme Court of Florida on December 21, 2006, addresses...

PIZZO v. STATE: Establishing the Hierarchy of Offenses in Double Jeopardy Cases

Date: Dec 22, 2006

PIZZO v. STATE: Establishing the Hierarchy of Offenses in Double Jeopardy Cases Introduction In the landmark case of James Frank Pizzo a/k/a James Pizzo, Jr. v. State of Florida, decided by the...

Engle v. Liggett Group: Florida Supreme Court Establishes New Precedents on Punitive Damages and Class Action Decertification in Tobacco Litigation

Date: Dec 22, 2006

Engle v. Liggett Group: Florida Supreme Court Establishes New Precedents on Punitive Damages and Class Action Decertification in Tobacco Litigation Introduction The case of Howard A. Engle, M.D., et...

Public Policy Exception in Choice of Law for Insurance Contracts: Roach v. State Farm Mutual Automobile Insurance Co.

Date: Dec 15, 2006

Public Policy Exception in Choice of Law for Insurance Contracts: Roach v. State Farm Mutual Automobile Insurance Co. Introduction In the landmark case of Roach v. State Farm Mutual Automobile...

SIMMONS v. STATE of Florida: Upholding Internet Luring and Transmission Statutes

Date: Nov 17, 2006

SIMMONS v. STATE of Florida: Upholding Internet Luring and Transmission Statutes Introduction The case of Michael John SIMMONS v. STATE of Florida (944 So. 2d 317) presented a pivotal legal question...

Reforming Post-Plea Deportation Consequences: Insights from State v. Green

Date: Oct 27, 2006

Reforming Post-Plea Deportation Consequences: Insights from State v. Green Introduction In the landmark case of State of Florida v. Owran Green, decided on October 26, 2006, the Supreme Court of...

Medical Providers’ Right to Enforce HMO Prompt Pay Provisions as Third-Party Beneficiaries – Florida Supreme Court Ruling

Date: Oct 20, 2006

Medical Providers’ Right to Enforce HMO Prompt Pay Provisions as Third-Party Beneficiaries – Florida Supreme Court Ruling Introduction The case of Foundation Health, et al. v. Westside EKG Associates...