Florida Case Commentaries

Affirmation of First-Degree Murder Conviction and Death Sentence in Lucious Boyd v. State of Florida

Date: Aug 25, 2005

Affirmation of First-Degree Murder Conviction and Death Sentence in Lucious Boyd v. State of Florida Introduction The case of Lucious Boyd v. State of Florida (910 So. 2d 167, 2005) involves Boyd’s...

FIGA’s Duty to Defend: Establishing Liability Limits and Overcoming Statutory Immunity in Jones v. Florida Insurance Guaranty Association

Date: Jul 8, 2005

FIGA’s Duty to Defend: Establishing Liability Limits and Overcoming Statutory Immunity in Jones v. Florida Insurance Guaranty Association Introduction The case of Betty Jones, etc., Petitioner, v....

Supreme Court of Florida Rules Against Jail-Time Credit for Drug Rehabilitation Under Community Control

Date: Jul 8, 2005

Supreme Court of Florida Rules Against Jail-Time Credit for Drug Rehabilitation Under Community Control Introduction In the landmark case of State of Florida v. Sean E. Cregan (908 So.2d 387), the...

State of Florida v. Anderson: Affirming the 'Would-Have-Been-Imposed' Standard for Sentencing Scoresheet Errors

Date: Jun 17, 2005

State of Florida v. Anderson: Affirming the 'Would-Have-Been-Imposed' Standard for Sentencing Scoresheet Errors Introduction In State of Florida v. Jerry D. Anderson, 905 So. 2d 111 (Fla. 2005), the...

Affirming the Non-Retroactivity of RING v. ARIZONA in Florida Death Penalty Cases

Date: Jun 11, 2005

Affirming the Non-Retroactivity of RING v. ARIZONA in Florida Death Penalty Cases Introduction The case of Terrell M. JOHNSON v. STATE of Florida (904 So. 2d 400, Supreme Court of Florida, 2005)...

PARKER v. STATE of Florida: Reinforcing Standards for Ineffective Assistance of Counsel in Postconviction Relief

Date: Jun 3, 2005

PARKER v. STATE of Florida: Reinforcing Standards for Ineffective Assistance of Counsel in Postconviction Relief Introduction PARKER v. STATE of Florida is a pivotal decision by the Supreme Court of...

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

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

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

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

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

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

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

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

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

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

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

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

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

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.,...