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Florida Case Commentaries

Supreme Court Clarifies Non-Applicability of Email Service Requirements for Settlement Proposals Under Florida Statutes

Supreme Court Clarifies Non-Applicability of Email Service Requirements for Settlement Proposals Under Florida Statutes

Date: Jan 5, 2019
Settlement Proposals Not Subject to Email Service Requirements of FL Rule 2.516: Supreme Court Establishes Clear Distinction Introduction The case of Sandra Kent Wheaton v. Mardella Wheaton, decided...
Deductible Application in PIP Claims: Progressive Select Ins. Co. v. Florida Hospital Medical Center

Deductible Application in PIP Claims: Progressive Select Ins. Co. v. Florida Hospital Medical Center

Date: Dec 29, 2018
Deductible Application in PIP Claims: Progressive Select Insurance Company v. Florida Hospital Medical Center Introduction The case of Progressive Select Insurance Company v. Florida Hospital Medical...
Franklin v. State: Upholding Juvenile Life Sentences with Parole Eligibility under the Eighth Amendment

Franklin v. State: Upholding Juvenile Life Sentences with Parole Eligibility under the Eighth Amendment

Date: Nov 9, 2018
Franklin v. State: Upholding Juvenile Life Sentences with Parole Eligibility under the Eighth Amendment Introduction Franklin v. State, 258 So. 3d 1239 (Fla. 2018), is a landmark decision by the...
Florida Supreme Court Upholds No Cap on Noneconomic Damages for Independent Adult Children in Wrongful Death Cases

Florida Supreme Court Upholds No Cap on Noneconomic Damages for Independent Adult Children in Wrongful Death Cases

Date: Sep 21, 2018
Florida Supreme Court Upholds No Cap on Noneconomic Damages for Independent Adult Children in Wrongful Death Cases Introduction In the landmark case of Gwendolyn E. Odom, etc., Petitioner, v. R.J....
Ineffective Assistance of Counsel: Insights from Gonzalez v. State

Ineffective Assistance of Counsel: Insights from Gonzalez v. State

Date: Sep 14, 2018
Ineffective Assistance of Counsel: Insights from Gonzalez v. State Introduction Gonzalez v. State, 253 So.3d 526 (Fla. 2018) is a pivotal case adjudicated by the Supreme Court of Florida that delves...
De Novo Review for Presuit Expert Qualifications in Florida Medical Malpractice: Morris v. Muniz

De Novo Review for Presuit Expert Qualifications in Florida Medical Malpractice: Morris v. Muniz

Date: Sep 7, 2018
De Novo Review for Presuit Expert Qualifications in Florida Medical Malpractice: Morris v. Muniz Introduction The case of Tuyuana L. Morris v. Orlando S. Muniz, M.D., et al., adjudicated by the...
Enhanced Suspension Imposed for Professional Misconduct in Florida Bar v. Madsen Marcellus, Jr.

Enhanced Suspension Imposed for Professional Misconduct in Florida Bar v. Madsen Marcellus, Jr.

Date: Jul 20, 2018
Enhanced Suspension Imposed for Professional Misconduct in Florida Bar v. Madsen Marcellus, Jr. Introduction In the landmark case of Florida Bar v. Madsen Marcellus, Jr., the Supreme Court of Florida...
Florida's Juvenile Life Sentences with Parole After 25 Years Do Not Violate the Eighth Amendment, Florida Supreme Court Rules

Florida's Juvenile Life Sentences with Parole After 25 Years Do Not Violate the Eighth Amendment, Florida Supreme Court Rules

Date: Jul 13, 2018
Florida's Juvenile Life Sentences with Parole After 25 Years Do Not Violate the Eighth Amendment, Florida Supreme Court Rules Introduction In the landmark case of State of Florida v. Budry Michel,...
Limitation of Medicaid Liens to Past Medical Expenses: Giraldo v. AHCA

Limitation of Medicaid Liens to Past Medical Expenses: Giraldo v. AHCA

Date: Jul 5, 2018
Limitation of Medicaid Liens to Past Medical Expenses: Giraldo v. AHCA Introduction The case of Maria Isabel Giraldo, et al. v. Agency for Health Care Administration (AHCA) was adjudicated by the...
Public Interest Standard in Utility Rate Settlements: Sierra Club v. Florida Public Service Commission

Public Interest Standard in Utility Rate Settlements: Sierra Club v. Florida Public Service Commission

Date: May 18, 2018
Public Interest Standard in Utility Rate Settlements: Sierra Club v. Florida Public Service Commission Introduction Case: Sierra Club, Appellant, v. Julie Imanuel Brown, etc., et al. (243 So. 3d 903)...
Ellerbee v. State: Reinforcing Standards for Ineffective Assistance of Counsel in Capital Sentencing

Ellerbee v. State: Reinforcing Standards for Ineffective Assistance of Counsel in Capital Sentencing

Date: Dec 22, 2017
Ellerbee v. State: Reinforcing Standards for Ineffective Assistance of Counsel in Capital Sentencing Introduction Ellerbee v. State, decided by the Supreme Court of Florida on December 21, 2017,...
Recognition of Referral Sources as Legitimate Business Interests Under Florida Statute § 542.335

Recognition of Referral Sources as Legitimate Business Interests Under Florida Statute § 542.335

Date: Sep 15, 2017
Recognition of Referral Sources as Legitimate Business Interests Under Florida Statute § 542.335 Introduction The Supreme Court of Florida addressed a pivotal issue concerning the enforceability of...
Favorable Interpretation of Ambiguous Policy Terms Ensures Coverage for Attorneys' Fees: GEICO v. Macedo

Favorable Interpretation of Ambiguous Policy Terms Ensures Coverage for Attorneys' Fees: GEICO v. Macedo

Date: Jul 14, 2017
Favorable Interpretation of Ambiguous Policy Terms Ensures Coverage for Attorneys' Fees: GEICO v. Macedo Introduction The Supreme Court of Florida, in the case of Government Employees Insurance...
Florida Supreme Court Upholds First-Degree Murder Conviction and Death Sentence in Tundidor v. State

Florida Supreme Court Upholds First-Degree Murder Conviction and Death Sentence in Tundidor v. State

Date: Apr 28, 2017
Florida Supreme Court Upholds First-Degree Murder Conviction and Death Sentence in Tundidor v. State Introduction The case of Randy W. Tundidor v. State of Florida (221 So. 3d 587) presents a...
Meaningful Opportunities for Early Release: Johnson v. State Establishes New Precedent in Juvenile Sentencing

Meaningful Opportunities for Early Release: Johnson v. State Establishes New Precedent in Juvenile Sentencing

Date: Apr 21, 2017
Meaningful Opportunities for Early Release: Johnson v. State Establishes New Precedent in Juvenile Sentencing Introduction The case of Clyde Edward Johnson v. State of Florida, decided by the Supreme...
Affirmation of Convictions with Vacated Death Sentences in Corey SMITH v. STATE of Florida

Affirmation of Convictions with Vacated Death Sentences in Corey SMITH v. STATE of Florida

Date: Mar 17, 2017
Affirmation of Convictions with Vacated Death Sentences in Corey SMITH v. STATE of Florida Introduction In the case of Corey SMITH v. STATE of Florida (213 So. 3d 722, 2017), the Supreme Court of...
Resentencing of Juvenile Offenders under Chapter 2014–220: Kelsey v. State

Resentencing of Juvenile Offenders under Chapter 2014–220: Kelsey v. State

Date: Dec 9, 2016
Resentencing of Juvenile Offenders under Chapter 2014–220: Kelsey v. State Introduction Kelsey v. State, 206 So.3d 5 (Fla. 2016), adjudicated by the Supreme Court of Florida, addresses the critical...
Clarification of Jail Credit Litigation Procedures: Florida Supreme Court's 2016 Amendments

Clarification of Jail Credit Litigation Procedures: Florida Supreme Court's 2016 Amendments

Date: Nov 24, 2016
Clarification of Jail Credit Litigation Procedures: Florida Supreme Court's 2016 Amendments Introduction In IN RE: Amendments to the Florida Rules of Criminal Procedure (204 So. 3d 944), the Supreme...
Attorney's Fees in Settlement Offers When Not Sought in Pleadings: KuHajda v. Borden Dairy

Attorney's Fees in Settlement Offers When Not Sought in Pleadings: KuHajda v. Borden Dairy

Date: Oct 21, 2016
Attorney's Fees in Settlement Offers When Not Sought in Pleadings: KuHajda v. Borden Dairy Introduction The case of Susanne L. KuHajda v. Borden Dairy Company of Alabama, LLC, et al., decided by the...
Unanimous Jury Requirements in Capital Sentencing: Timothy Lee Hurst v. State of Florida

Unanimous Jury Requirements in Capital Sentencing: Timothy Lee Hurst v. State of Florida

Date: Oct 15, 2016
Unanimous Jury Requirements in Capital Sentencing: Timothy Lee Hurst v. State of Florida Introduction Timothy Lee Hurst v. State of Florida, 202 So. 3d 40 (Fla. 2016), represents a pivotal case in...
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