Monthly Archives: October 2011

Wal-Mart Stores, Inc. v. Nicolette Strachan, Continental Tire the Americas, LLC, Ford Motor Company, and Al Packer Ford West, Inc., 36 Fla. L. Wkly D2262a (Fla. 4th DCA. Oct. 12, 2011)

In this auto accident case, Wal-Mart, the installer of an allegedly defective tire, sought discovery of settlement amounts paid by several co-defendants, including the car manufacturer, the tire manufacturer and the car dealer.  Wal-Mart claimed that this discovery was necessary to prove its set-off defense of the total amount paid by the other defendants.  The trial court denied… Read more

Jones v. Publix Supermarkets, Inc. – Proposal for Settlement

My colleague, Perry Adair, writes on Becker and Poliakoff’s Business Litigation Perspectives Blog, about a recent decision from the Fourth DCA regarding Proposals for Settlement:   The Proposal summarized the contemplated release thusly: “[Jones] will execute a full release of liability in favor of Publix Supermarket Inc., a Florida Corporation and it’s [sic] affiliated insurance company, and… Read more

NESS RACQUET CLUB, LLC v. OCEAN FOUR 2108, LLC, 36 Fla. L. Wkly D2205a (Fla. 3d DCA Oct. 5, 2011)

In this contract case, a developer moved for summary judgment against a buyer of a condominium. In what was initially a resounding victory for the buyer, the trial court not only denied the developer’s motion for summary judgment, but also sua sponte granted the buyer a summary judgment even though the buyer never moved for summary… Read more