Florida Case Commentaries

Causation as a Coverage Question vs. Amount of Loss in Insurance Appraisals: Florida Supreme Court's Decision

Date: Sep 27, 2002

Causation as a Coverage Question vs. Amount of Loss in Insurance Appraisals: Florida Supreme Court's Decision Introduction The Florida Supreme Court's decision in PETER JOHNSON and CHRISTINE JOHNSON,...

Clarifying the Limits of Discretionary Jurisdiction in Per Curiam Denials: STALLWORTH v. MOORE and Consolidated Cases

Date: Sep 20, 2002

Clarifying the Limits of Discretionary Jurisdiction in Per Curiam Denials: STALLWORTH v. MOORE and Consolidated Cases Introduction The Supreme Court of Florida, in the consolidated cases of Fabian...

Establishing the Appellate Review Standards for Newly Discovered Evidence and Ineffective Assistance of Counsel in Postconviction Relief

Date: Sep 13, 2002

Establishing the Appellate Review Standards for Newly Discovered Evidence and Ineffective Assistance of Counsel in Postconviction Relief Introduction In Tracy McLIN v. STATE of Florida, 827 So. 2d...

Brady Violation Reinforced in CARDONA v. STATE of Florida: A Landmark Decision

Date: Jul 12, 2002

Brady Violation Reinforced in CARDONA v. STATE of Florida: A Landmark Decision Introduction Ana Maria Cardona v. State of Florida, 826 So. 2d 968 (2002), is a pivotal case that underscores the...

Affirmation of Death Sentence: Evaluating the Heinous, Atrocious, or Cruel Aggravator and Identification Reliability in Rimmer v. State of Florida

Date: Jul 4, 2002

Affirmation of Death Sentence: Evaluating the Heinous, Atrocious, or Cruel Aggravator and Identification Reliability in Rimmer v. State of Florida Introduction Robert Rimmer, the appellant, was...

Affirmation of Legislated Sentencing Guidelines: A Comprehensive Analysis of HALL v. STATE

Date: Jul 4, 2002

Affirmation of Legislated Sentencing Guidelines: A Comprehensive Analysis of HALL v. STATE Introduction HALL v. STATE, 823 So. 2d 757 (Fla. 2002), is a landmark decision by the Supreme Court of...

Florida Supreme Court Broadens Long-Arm Jurisdiction to Include Telephonic, Electronic, and Written Communications

Date: Jun 14, 2002

Florida Supreme Court Broadens Long-Arm Jurisdiction to Include Telephonic, Electronic, and Written Communications Introduction In Bernard Wendt v. Marvin Horowitz, the Supreme Court of Florida...

Florida Supreme Court Upholds Death Penalty in Morrison v. State: Emphasis on Heinousness and Vulnerability of Victim

Date: May 30, 2002

Florida Supreme Court Upholds Death Penalty in Morrison v. State: Emphasis on Heinousness and Vulnerability of Victim Introduction In the landmark case of Morrison v. State, 818 So. 2d 432 (Fla....

No Coverage for Diminution in Market Value under 'Like Kind and Quality' Insurance Policies

Date: May 24, 2002

No Coverage for Diminution in Market Value under 'Like Kind and Quality' Insurance Policies Introduction The case of Carole M. SIEGLE v. PROGRESSIVE CONSUMERS Insurance Company addresses a pivotal...

Affirmation of Death Penalty Based on Aggravating and Mitigating Circumstances: WHITE v. STATE of Florida

Date: May 17, 2002

Affirmation of Death Penalty Based on Aggravating and Mitigating Circumstances: WHITE v. STATE of Florida Introduction WHITE v. STATE of Florida, 817 So. 2d 799 (Fla. 2002), presents a pivotal...

Impact of Single Subject Rule Violation in Chapter 99-188 on Mandatory Sentencing Laws

Date: Apr 24, 2002

Impact of Single Subject Rule Violation in Chapter 99-188 on Mandatory Sentencing Laws Introduction In the case of Rebecca Taylor v. State of Florida, 818 So.2d 544, the District Court of Appeal of...

Inclusion of Pre-Offer Taxable Costs in "Judgment Obtained" Under Florida's Offer of Judgment Statute: WHITE v. STEAK AND ALE of Florida, Inc.

Date: Apr 19, 2002

Inclusion of Pre-Offer Taxable Costs in "Judgment Obtained" Under Florida's Offer of Judgment Statute: WHITE v. STEAK AND ALE of Florida, Inc. Introduction The Supreme Court of Florida's decision in...

Affirmation of First-Degree Murder Convictions and Death Sentences: Insights from Pagan v. State of Florida

Date: Apr 5, 2002

Affirmation of First-Degree Murder Convictions and Death Sentences: Insights from Pagan v. State of Florida Introduction In the landmark case of ALEX PAGAN Appellant v. STATE OF FLORIDA, Appellee,...

First Amendment and Tort Liability: Religious Institutions Held Accountable for Clergy Misconduct

Date: Mar 15, 2002

First Amendment and Tort Liability: Religious Institutions Held Accountable for Clergy Misconduct Introduction The case of Jan Malicki, St. David Catholic Church, and the Archdiocese of Miami v. Jane...

First Amendment Does Not Shield Religious Institutions from Tort Liability in Clergy Sexual Misconduct — Supreme Court of Florida Decision

Date: Mar 15, 2002

First Amendment Does Not Shield Religious Institutions from Tort Liability in Clergy Sexual Misconduct Introduction In the landmark case of Jane Doe v. William Dunbar Evans, III; Church of the Holy...

Inherent Authority of Trial Courts to Impose Attorney's Fees for Bad Faith Conduct: MOAKLEY v. SMALLWOOD

Date: Mar 1, 2002

Inherent Authority of Trial Courts to Impose Attorney's Fees for Bad Faith Conduct: MOAKLEY v. SMALLWOOD Introduction The case of Barbara Moakley v. Sheri Smallwood, reported as 826 So. 2d 221,...

Supreme Court Upholds Swafford in Interpretation of Section 90.801(2)(c) in PURYEAR v. STATE

Date: Feb 8, 2002

Supreme Court Upholds Swafford in Interpretation of Section 90.801(2)(c) in PURYEAR v. STATE Introduction In the landmark case Kevin PURYEAR v. STATE of Florida (810 So. 2d 901, 2002), the Supreme...

Affirmation of Capital Murder Conviction Based on Circumstantial Evidence and DNA Analysis

Date: Jan 4, 2002

Affirmation of Capital Murder Conviction Based on Circumstantial Evidence and DNA Analysis Introduction Dolan Darling v. State of Florida, (808 So. 2d 145), adjudicated by the Supreme Court of...

Affirmation of Capital Murder Convictions: An In-depth Commentary on Peremptory Challenges, Aggravating Factors, and Mitigation

Date: Dec 21, 2001

Affirmation of Capital Murder Convictions: An In-depth Commentary on Peremptory Challenges, Aggravating Factors, and Mitigation Introduction The case of Carlton A. Francis v. State of Florida is a...

Connor v. Florida: Affirmation of Death Penalty in Double Murder Case

Date: Dec 18, 2001

Connor v. Florida: Affirmation of Death Penalty in Double Murder Case Introduction Connor v. State of Florida is a significant case decided by the Supreme Court of Florida on December 17, 2001. The...