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  • Commentaries
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Florida Case Commentaries

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...
Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements

Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements

Date: Sep 23, 2016
Florida Supreme Court Limits Application of Third-Party Beneficiary Doctrine in Nursing Home Arbitration Agreements Introduction The case of Juan Mendez, Jr., etc., Petitioner, v. Hampton Court...
Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens

Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens

Date: Sep 16, 2016
Supreme Court of Florida Reinstates Fair Candidate Qualification Standards in Wright v. City of Miami Gardens Introduction In the landmark case of Wright v. City of Miami Gardens, the Supreme Court...
Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State

Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State

Date: Sep 2, 2016
Double Jeopardy Clarified in Lewd or Lascivious Molestation Cases: Graham v. State Introduction In the landmark case of Marcus Jamal Graham v. State (207 So. 3d 135, Supreme Court of Florida, 2016),...
Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing

Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing

Date: Jun 17, 2016
Florida Supreme Court Upholds Death Sentence: Affirming Penalty Phase Evidence Authentication and Valid Avoid Arrest Aggravating Circumstance in Capital Sentencing Introduction The case of Khadafy...
Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards

Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards

Date: May 27, 2016
Atwell v. State: Florida Supreme Court Aligns Juvenile Sentencing with Eighth Amendment Standards Introduction Atwell v. State, 197 So. 3d 1040 (Fla. 2016), presented a pivotal case concerning the...
Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments

Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments

Date: May 20, 2016
Limits on PSC's Authority to Approve Cost Recovery for Speculative Fuel Investments Introduction CITIZENS OF the STATE of Florida, Appellant, v. Art GRAHAM, etc., et al. is a pivotal case adjudicated...
FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief

FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief

Date: May 13, 2016
FARINA v. STATE: Mandating Prompt Adjudication of Newly Discovered Evidence in Postconviction Relief Introduction Anthony Joseph Farina Jr. was convicted in 1992 for first-degree murder and six other...
Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing

Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing

Date: Apr 29, 2016
Florida Supreme Court Establishes Limitation on Consideration of Subsequent Arrests in Sentencing Introduction In the landmark case of Norvil v. State, 191 So. 3d 406 (Fla. 2016), the Supreme Court...
Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE

Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE

Date: Apr 22, 2016
Affirmation of Denied Ineffective Assistance Claims in RIGTERINK v. STATE Introduction RIGTERINK v. STATE (193 So. 3d 846, Supreme Court of Florida, 2016) is a pivotal case concerning the appellate...
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