In this med mal case, the 3d DCA, on certiorari review, found that the record did not justify an expanded discovery search into the financial records of the defendant’s medical expert. At his deposition, the defendant’s expert testified that 50% of his work was for defendants and 50% was for plaintiffs. The expert’s interrogatory answers… Read more
In this personal injury case, the trial court denied plaintiff’s motion for attorneys’ fees pursuant to an offer of judgment because it did not include a certificate of service, although it was accompanied by a “Notice of Service of Proposal for Settlement” that did in fact include a proper certificate of service. Citing Campbell v.… Read more
Entry of Summary Judgment order pursuant to Fla. R. Civ. Pro. 1.510, in case seeking possession of real property, by itself, is not an appealable, non-final order as set forth in Fla. R. App. Pro. 9.130(a)(3)(c)(ii) because the Summary Judgment order did not provide for the “immediate” right to possession of the property. The Trial Court reiterated that Summary… Read more
Even after judgment has been satisfied a Defendant can move to set aside the satisfaction and judgment using Fla. R. Civ. Pro. 1.540(b) to recapture a purported overpayment to the Plaintiff based on alleged fraud by the Defendant. The decision distinguishes between motions to set aside satisfaction brought by the Plaintiff versus the Defendant. This case involved a loan… Read more
In this non-compete case, an employer obtained an injunction against its former employee and her new employer for aiding and abetting a breach of a restrictive covenant. The trial court taxed attorneys’ fees against the new employer under Section 542.335(1)(k), Fla. Stat. The appellate court reversed, holding that the statute authorized a fee award only against the… Read more
The Florida Courts have been light on rules cases lately, so today’s post is about the U.S. Supreme Court, which just denied a Petition for Certiorari on the following issues: QUESTIONS PRESENTED 1. Florida’s intermediate appellate courts decide over 80% of the appeals they hear with per curiam orders issued without opinions and the losing… Read more
The Florida Supreme Court has made two minor changes to the Rules. First, the Court revised the Lis Pendens Form Number 1.918. The revised form is available here. Second, the Court revised Rule 1.985, addressing Standard Jury Instructions, to reflect the fact that the Jury Instructions shall be accessed through the Supreme Court’s website, rather… Read more