Florida Case Commentaries

Jurisdictional Limits of Statewide Grand Juries: Comprehensive Analysis of McNamara v. State of Florida

Date: Apr 1, 1978

Jurisdictional Limits of Statewide Grand Juries: Comprehensive Analysis of McNamara v. State of Florida Introduction McNamara v. State of Florida, 357 So. 2d 410 (Fla. 1978), is a pivotal case...

No Presumption of Probable Cause from Prosecutor's Filing of Information in Malicious Prosecution Actions

Date: Feb 28, 1978

No Presumption of Probable Cause from Prosecutor's Filing of Information in Malicious Prosecution Actions Introduction The case of Colonial Stores, Inc. v. Doyle Wayne Scarbrough addresses...

Mandatory Venue in Tort Actions Against State Agencies: Carlile v. Game Fresh Water Fish Commission

Date: Feb 23, 1978

Mandatory Venue in Tort Actions Against State Agencies: Carlile v. Game Fresh Water Fish Commission Introduction The case of Patrick L. Carlile v. Game Fresh Water Fish Commission of the State of...

McArthur v. State: Establishing the Necessity of Sufficient Circumstantial Evidence to Eliminate Reasonable Doubts

Date: Dec 7, 1977

McArthur v. State: Establishing the Necessity of Sufficient Circumstantial Evidence to Eliminate Reasonable Doubts Introduction McArthur v. State, decided by the Supreme Court of Florida on December...

Supreme Court of Florida Establishes Limits on Indemnity Claims Against Treating Physicians

Date: Nov 29, 1977

Supreme Court of Florida Establishes Limits on Indemnity Claims Against Treating Physicians Introduction The case of FRANK M. STUART, M.D., P.A., AND UNDERWRITERS AT LLOYDS v. THE HERTZ CORPORATION...

Enforcement of Limitation of Liability Clauses in Bills of Lading: Insights from ALLIED VAN LINES, INC. v. BRATTON and McKnab

Date: Nov 22, 1977

Enforcement of Limitation of Liability Clauses in Bills of Lading: Insights from ALLIED VAN LINES, INC. v. BRATTON and McKnab Introduction The landmark case ALLIED VAN LINES, INC. v. BRATTON and...

Reaffirmation of Summary Judgment Standards in Negligence Cases: Wills v. Sears, Roebuck Company

Date: Nov 15, 1977

Reaffirmation of Summary Judgment Standards in Negligence Cases: Wills v. Sears, Roebuck Company Introduction The case of Helen E. Wills and Howard A. Wills v. Sears, Roebuck Company addresses...

Punitive Damages Must Not Shock Judicial Conscience: Florida Supreme Court Sets New Precedent

Date: Sep 21, 1977

Punitive Damages Must Not Shock Judicial Conscience: Florida Supreme Court Sets New Precedent Introduction The case of Earl Lowell Lassitter v. International Union of Operating Engineers, decided by...

Jury Discretion in Punitive Damages Affirmed: Florida Supreme Court Overturns Fixed Relation Rule

Date: Sep 14, 1977

Jury Discretion in Punitive Damages Affirmed: Florida Supreme Court Overturns Fixed Relation Rule Introduction The case of Dorthy Bould and Edward Simonson, Jr., as Administrators of the Estates of...

Elimination of Assumption of Risk as a Distinct Defense in Florida Tort Law

Date: Jul 28, 1977

Elimination of Assumption of Risk as a Distinct Defense in Florida Tort Law Introduction The case of Blackburn, Jr., et al. v. Dorta, et al. adjudicated by the Supreme Court of Florida on July 27,...

Defining the Scope of Prohibition Writ in Media Access: Florida Supreme Court in Carey English v. McCrary

Date: Jul 14, 1977

Defining the Scope of Prohibition Writ in Media Access: Florida Supreme Court in Carey English v. McCrary Introduction The case of Carey English v. Robert L. McCrary, Jr., reported in 348 So. 2d 293...

Elledge v. State of Florida: Clarifying the Scope of Aggravating Factors in Death Penalty Sentencing

Date: Jul 1, 1977

Elledge v. State of Florida: Clarifying the Scope of Aggravating Factors in Death Penalty Sentencing Introduction The case of William Duane Elledge versus the State of Florida represents a pivotal...

Florida Supreme Court Establishes Procedural Safeguards in Criminal Contempt Proceedings

Date: Jun 10, 1977

Florida Supreme Court Establishes Procedural Safeguards in Criminal Contempt Proceedings Introduction The case of Rocco Pugliese v. Tina Pugliese (347 So. 2d 422, Supreme Court of Florida, 1977)...

Judicial Review of Administrative Findings: Substantial Evidence and Agency Discretion in Banking Charters - McDonald v. Department of Banking and Finance

Date: Jun 1, 1977

Judicial Review of Administrative Findings: Substantial Evidence and Agency Discretion in Banking Charters Introduction In the landmark case of Raymond O. McDonald, Jr., et al. v. Department of...

Limitations on Judicial Discretion in Capital Sentencing: Provence v. State of Florida

Date: Oct 12, 1976

Limitations on Judicial Discretion in Capital Sentencing: Provence v. State of Florida Introduction Provence v. State of Florida, 337 So. 2d 783 (Supreme Court of Florida, 1976), is a pivotal case...

Establishing Precedent on Capital Punishment under Florida Statute 921.141

Date: Sep 29, 1976

Establishing Precedent on Capital Punishment under Florida Statute 921.141 Introduction The Supreme Court of Florida, in the landmark case of Vernon Ray Cooper v. State of Florida (336 So. 2d 1133,...

Establishment of Strict Liability for Manufacturers in Florida Products Liability: West v. Caterpillar Tractor Company

Date: Jul 22, 1976

Establishment of Strict Liability for Manufacturers in Florida Products Liability: West v. Caterpillar Tractor Company Introduction WEST v. CATERPILLAR TRACTOR COMPANY, INC. is a seminal case decided...

Appellate Review of Alimony and Marital Asset Division: Gerald B. Shaw v. Jean A. Shaw

Date: Jul 17, 1976

Appellate Review of Alimony and Marital Asset Division: Gerald B. Shaw v. Jean A. Shaw Introduction In the landmark case of Gerald B. Shaw v. Jean A. Shaw, 334 So. 2d 13 (Fla. 1976), the Supreme...

Limitations on Impeaching Witness Credibility with Pending Charges: Insights from FULTON v. STATE of Florida

Date: Jul 9, 1976

Limitations on Impeaching Witness Credibility with Pending Charges: Insights from FULTON v. STATE of Florida Introduction The case of Fred FULTON v. STATE of Florida, adjudicated by the Supreme Court...

Statute of Limitations in Medical Malpractice: Insights from Nardone v. Reynolds

Date: May 20, 1976

Statute of Limitations in Medical Malpractice: Insights from Nardone v. Reynolds Introduction Nicholas Nardone v. David H. Reynolds et al., decided by the Supreme Court of Florida on May 19, 1976, is...