Florida Case Commentaries

Reaffirming Principles for Vacating Postnuptial Agreements in Florida: The CASTO v. CASTO Decision

Date: Jul 1, 1987

Reaffirming Principles for Vacating Postnuptial Agreements in Florida: The CASTO v. CASTO Decision Introduction In the landmark case of CASTO v. CASTO, decided by the Supreme Court of Florida in...

ROUSSEAU v. STATE: Clarifying the Application of Harmless Error in Sentencing Departures

Date: Jun 12, 1987

ROUSSEAU v. STATE: Clarifying the Application of Harmless Error in Sentencing Departures Introduction ROUSSEAU v. STATE, 509 So.2d 281 (Fla. 1987), is a landmark decision by the Supreme Court of...

Florida Supreme Court Upholds Major Parts of Tort Reform Act but Invalidates $450K Noneconomic Damages Cap

Date: Jun 3, 1987

Florida Supreme Court Upholds Major Parts of Tort Reform Act but Invalidates $450K Noneconomic Damages Cap Introduction The case of Robert P. Smith, Jr., et al. v. Department of Insurance, et al....

Establishing a Rebuttable Presumption for Missing Operative Notes in Medical Malpractice Litigation

Date: May 1, 1987

Establishing a Rebuttable Presumption for Missing Operative Notes in Medical Malpractice Litigation Introduction Public Health Trust of Dade County, d/b/a Jackson Memorial Hospital v. Gregoria...

Rasmussen v. South Florida Blood Service: Upholding Donor Privacy in the Context of AIDS Litigation

Date: Jan 6, 1987

Rasmussen v. South Florida Blood Service: Upholding Donor Privacy in the Context of AIDS Litigation Introduction Donald Rasmussen v. South Florida Blood Service, Inc., 500 So.2d 533 (Fla. 1987),...

Supremacy of Sentencing Guidelines Over Habitual Offender Statutes Established in WHITEHEAD v. STATE

Date: Jan 6, 1987

Supremacy of Sentencing Guidelines Over Habitual Offender Statutes Established in WHITEHEAD v. STATE Introduction Kenneth Whitehead, the petitioner, appealed his conviction in the State of Florida....

De Facto Judges and Waiver: An Analysis of CARD v. STATE of Florida

Date: Dec 23, 1986

De Facto Judges and Waiver: An Analysis of CARD v. STATE of Florida Introduction CARD v. STATE of Florida (497 So. 2d 1169) is a landmark decision by the Supreme Court of Florida, delivered on...

Mandatory Jury Instructions on Necessarily Lesser Included Offenses: Florida v. Wimberly

Date: Dec 12, 1986

Mandatory Jury Instructions on Necessarily Lesser Included Offenses: Florida v. Wimberly Introduction The case of State of Florida v. Jeffrey Wimberly, adjudicated by the Supreme Court of Florida on...

Florida Supreme Court Clarifies Exclusionary Clauses for Conversion in Auto Insurance Policies

Date: Nov 27, 1986

Florida Supreme Court Clarifies Exclusionary Clauses for Conversion in Auto Insurance Policies Introduction The case of State Farm Mutual Automobile Insurance Company v. Louis G. Pridgen, et al....

Fischer v. Knuck: Establishing the Boundaries of Timely Judicial Disqualification in Florida

Date: Nov 7, 1986

Fischer v. Knuck: Establishing the Boundaries of Timely Judicial Disqualification in Florida Introduction Fischer v. Knuck, 497 So. 2d 240 (Fla. 1986), is a pivotal case adjudicated by the Supreme...

Ineffective Assistance of Appellate Counsel in Capital Cases: Comprehensive Analysis of Pope v. Wainwright

Date: Oct 17, 1986

Ineffective Assistance of Appellate Counsel in Capital Cases: Comprehensive Analysis of Pope v. Wainwright Introduction Case Title: Thomas Dewey Pope, Petitioner, v. Louie L. Wainwright, Secretary,...

Clarifying Premeditation and Death Penalty Proportionality in First-Degree Murder: WILSON v. STATE

Date: Sep 5, 1986

Clarifying Premeditation and Death Penalty Proportionality in First-Degree Murder: WILSON v. STATE Introduction WILSON v. STATE of Florida (493 So.2d 1019) is a landmark case adjudicated by the...

Enforcement of Forum Selection Clauses: Florida's Adoption of the Zapata Principle in MANRIQUE v. FABBRI

Date: Aug 22, 1986

Enforcement of Forum Selection Clauses: Florida's Adoption of the Zapata Principle in MANRIQUE v. FABBRI Introduction MANRIQUE v. FABBRI, 493 So. 2d 437 (Fla. 1986), is a landmark decision by the...

Negligent Hiring and Retention: Insights from Garcia v. Duffy & Joule Yacht Transport Co.

Date: Jul 31, 1986

Negligent Hiring and Retention: Insights from Garcia v. Duffy & Joule Yacht Transport Co. 1. Introduction Lee J. Garcia v. Richard J. Duffy and Joule Yacht Transport Company is a pivotal case decided...

Maxwell v. Wainwright: Affirming Standards for Ineffective Assistance of Counsel in Capital Cases

Date: Jul 22, 1986

Maxwell v. Wainwright: Affirming Standards for Ineffective Assistance of Counsel in Capital Cases 1. Introduction Maxwell v. Wainwright, 490 So. 2d 927 (Fla. 1986), is a landmark decision by the...

Florida Supreme Court Establishes Harmless Error Analysis for Prosecutorial Comments on Defendant's Silence

Date: Jul 18, 1986

Florida Supreme Court Establishes Harmless Error Analysis for Prosecutorial Comments on Defendant's Silence Introduction In the landmark case of State of Florida v. Angelo John DiGuilio, 491 So. 2d...

Recognition of Pension Benefits as Marital Property in Equitable Distribution

Date: Jun 27, 1986

Recognition of Pension Benefits as Marital Property in Equitable Distribution Introduction The case of PATRICIA DIFFENDERFER vs. RICHARD L. DIFFENDERFER (491 So.2d 265), adjudicated by the Supreme...

Clarifying 'Clear and Convincing Reasons' for Departures from Sentencing Guidelines in Florida: Analysis of MISCHLER v. STATE

Date: Jun 14, 1986

Clarifying 'Clear and Convincing Reasons' for Departures from Sentencing Guidelines in Florida: Analysis of MISCHLER v. STATE Introduction State of Florida v. Karen A. Mischler, 488 So. 2d 523 (Fla....

Clarifying Seller's Duty to Disclose Material Defects in Real Property Transactions: JOHNSON v. DAVIS

Date: Jan 21, 1986

Clarifying Seller's Duty to Disclose Material Defects in Real Property Transactions: JOHNSON v. DAVIS Introduction The case of Clarence H. Johnson and Dana Johnson v. Morton Davis and Edna Davis,...

Mandatory Written Justifications for Departing Sentencing Guidelines Established in State of Florida v. Jackson

Date: Dec 28, 1985

Mandatory Written Justifications for Departing Sentencing Guidelines Established in State of Florida v. Jackson Introduction State of Florida v. Alfred Floyd Jackson (478 So.2d 1054, 1985) is a...