Florida Case Commentaries

Termination of Parental Rights Without Performance Agreements: A Landmark Florida Supreme Court Ruling

Date: Sep 2, 1994

Termination of Parental Rights Without Performance Agreements: A Landmark Florida Supreme Court Ruling Introduction The case of In the Interest of T.M. and F.M., 641 So. 2d 410 (Fla. 1994),...

Affirmation of Death Penalty Based on Aggravating Factors and Jury Instruction Standards: WALLS v. STATE of Florida

Date: Sep 1, 1994

Affirmation of Death Penalty Based on Aggravating Factors and Jury Instruction Standards: WALLS v. STATE of Florida Introduction WALLS v. STATE of Florida, 641 So. 2d 381, is a landmark decision by...

Expansion of Aggravated Child Abuse Definition to Include Omissions: Analysis of ANA CARDONA v. STATE OF FLORIDA

Date: Sep 1, 1994

Expansion of Aggravated Child Abuse Definition to Include Omissions: Analysis of ANA CARDONA v. STATE OF FLORIDA Introduction Ana Cardona v. State of Florida is a landmark decision by the Supreme...

Clarifying the Admissibility of Similar Fact Evidence under the Williams Rule: Griffin v. State of Florida

Date: Jul 8, 1994

Clarifying the Admissibility of Similar Fact Evidence under the Williams Rule: Griffin v. State of Florida Introduction The case of Michael Allen Griffin v. State of Florida (639 So. 2d 966) presents...

Effective Assistance of Counsel in Death Penalty Sentencing: Torres-Arboleda v. Dugger

Date: Jun 7, 1994

Effective Assistance of Counsel in Death Penalty Sentencing: Torres-Arboleda v. Dugger Introduction Oscar Torres-Arboleda, a prisoner sentenced to death, appealed his conviction and sentencing in the...

Child Hearsay Admissibility Based on Incompetency: STATE v. TOWNSEND (1994)

Date: Apr 22, 1994

Child Hearsay Admissibility Based on Incompetency: STATE v. TOWNSEND (1994) Introduction The case of State of Florida v. Jack Timothy Townsend, decided by the Supreme Court of Florida on April 21,...

Enhanced Scrutiny of Statutory Findings in Child Witness Testimony: Insights from HOPKINS v. STATE of Florida

Date: Apr 1, 1994

Enhanced Scrutiny of Statutory Findings in Child Witness Testimony: Insights from HOPKINS v. STATE of Florida Introduction HOPKINS v. STATE of Florida, 632 So. 2d 1372 (Fla. 1994), is a pivotal case...

Interpretation of 'Sudden and Accidental' in Pollution Exclusions under Comprehensive General Liability Insurance Policies

Date: Apr 1, 1994

Interpretation of 'Sudden and Accidental' in Pollution Exclusions under Comprehensive General Liability Insurance Policies Introduction The case of Dimmitt Chevrolet, Inc., et al. v. Southeastern...

Reevaluating Bona Fide Termination in Malicious Prosecution: ALAMO RENT-A-CAR, INC. v. MANCUSI

Date: Mar 16, 1994

Reevaluating Bona Fide Termination in Malicious Prosecution: ALAMO RENT-A-CAR, INC. v. MANCUSI Introduction The case of Alamo Rent-A-Car, Inc. v. Michael Mancusi (632 So. 2d 1352) adjudicated by the...

Establishing Standards for Corporate Attorney-Client Privilege and Work Product in Regulatory Proceedings: Southern Bell Telephone v. Deason

Date: Mar 11, 1994

Establishing Standards for Corporate Attorney-Client Privilege and Work Product in Regulatory Proceedings: Southern Bell Telephone v. Deason Introduction The case of Southern Bell Telephone and...

Florida Supreme Court Reinforces Habitual Violent Felony Offender Enhancements, Limits Consecutive Sentencing in HALE v. STATE

Date: Feb 10, 1994

Florida Supreme Court Reinforces Habitual Violent Felony Offender Enhancements, Limits Consecutive Sentencing in HALE v. STATE Introduction The case of Willie Frank HALE v. STATE of Florida (630 So....

Establishing Trial Court Jurisdiction Over Insurer's Bad Faith Claims Prior to Underlying Tort Actions

Date: Jan 7, 1994

Establishing Trial Court Jurisdiction Over Insurer's Bad Faith Claims Prior to Underlying Tort Actions Introduction In the landmark case of Kenneth Dale Cunningham and Teresa Marie Cunningham v....

Snyder v. Board of County Commissioners: Redefining Quasi-Judicial Zoning Decisions and Judicial Scrutiny in Florida

Date: Dec 24, 1993

Snyder v. Board of County Commissioners: Redefining Quasi-Judicial Zoning Decisions and Judicial Scrutiny in Florida Introduction Board of County Commissioners of Brevard County, Florida, Petitioner,...

State Farm Fire Casualty Co. v. Palma: Clarifying Attorney’s Fees Under Florida Statute 627.428

Date: Dec 24, 1993

State Farm Fire Casualty Co. v. Palma: Clarifying Attorney’s Fees Under Florida Statute 627.428 Introduction In State Farm Fire Casualty Co. v. Palma, 629 So. 2d 830 (Fla. 1993), the Supreme Court of...

Establishing the Subjective Entrapment Test: Florida Supreme Court's Ruling in Munoz v. State of Florida

Date: Dec 18, 1993

Establishing the Subjective Entrapment Test: Florida Supreme Court's Ruling in Munoz v. State of Florida Introduction The case of Manuel Munoz v. State of Florida, 629 So. 2d 90 (Fla. 1993),...

Establishing Reasonable Suspicion for Vehicle Encounters: The POPPLE v. STATE of Florida Precedent

Date: Oct 15, 1993

Establishing Reasonable Suspicion for Vehicle Encounters: The POPPLE v. STATE of Florida Precedent Introduction Tedd J. POPPLE v. STATE of Florida, 626 So. 2d 185 (Fla. 1993), adjudicated by the...

Ellis v. State of Florida: Reinforcing Hearsay Restrictions and Standards for Joinder in Criminal Trials

Date: Sep 4, 1993

Ellis v. State of Florida: Reinforcing Hearsay Restrictions and Standards for Joinder in Criminal Trials Introduction Ellis v. State of Florida, 622 So. 2d 991 (Fla. 1993), is a landmark case...

Supreme Court of Florida Prohibits 'Mary Carter' Agreements: Establishing New Precedent

Date: Aug 27, 1993

Supreme Court of Florida Prohibits 'Mary Carter' Agreements: Establishing New Precedent Introduction In the landmark case of Patricia Dosdourian v. Richard Paul Carsten, et al., the Supreme Court of...

Clarifying 'Intentional Injury' Exclusions in Homeowners Insurance Policies: Prudential v. Swindal

Date: Aug 27, 1993

Clarifying 'Intentional Injury' Exclusions in Homeowners Insurance Policies: Prudential v. Swindal Introduction The case of Prudential Property and Casualty Insurance Company v. Larry S. Swindal...

Apportionment of Noneconomic Damages in Florida: Comprehensive Analysis of FABRE v. MARIN

Date: Aug 27, 1993

Apportionment of Noneconomic Damages in Florida: Comprehensive Analysis of FABRE v. MARIN Introduction The case of Marie G. Fabre et vir v. Ann Marin addresses a pivotal issue in Florida tort law:...