In this negligence case tried before a jury, defense counsel referred to an exculpatory clause in a customer service agreement during closing argument, even though the trial court had prohibited the defense from claiming that the exculpatory language barred a finding of negligence.  The trial court granted a new trial.  The appellate court, however, reversed, for two… Read more

In this case the Fourth DCA found that the trial court erred in denying a motion to transfer the case based on improper venue.  The Fourth DCA ruled that the forum selection clause in the contract at issue in the case could not apply to the Defendant since the Defendant was not a party to… Read more

The trial court abused its discretion by dismissing the case after the Plaintiffs failed to attend a case management conference.  The Plaintiffs had hired a new attorney, who had a filed a Motion for Approval of Stipulation for Substitution of Counsel.  The Plaintiffs’ attorney had twice scheduled the motion for hearing and twice the trial court had… Read more

The Florida Supreme Court has resolved the split between the District Court of Appeals over what action is required to keep a matter from being dismissed from prosecution after the Rule 1.420(e) threshold of ten months of inactivity.  The Court found that “any filing of record during the applicable time frame is sufficient to preclude dismissal—without regard… Read more

The parties to this case had a dispute over a very unique contract.  In short, the gentlemen entered into a contract whereby, upon  the death of one, the survivor would receive certain designated property and cash.  The Defendant in the case prevailed on a motion to dismiss.  The Plaintiff appealed, arguing that the trial court erred by looking beyond the… Read more

In this mortgage foreclosure cases, the Fourth DCA found that the defendant homeowner was entitled to recover her attorneys’ fees as the prevailing party after she prevailed on a motion to dismiss.  The Plaintiff/Bank argued that the Defendant was not entitled to recover attorneys’ fees since she had not properly pled her claims as required… Read more