Topic: Uncategorized

Florida Admiralty Law Advisor

My co-blogger, Jason Baruch, has started a new blog covering Florida Admiralty law issues and it is appropriately titled: Florida Admiralty Law Advisor. Jason’s new blog will focus on commercial maritime disputes and litigation involving those in maritime industries. Fortunately for me, Jason promises that his new blog will not result in a decrease in his efforts here.… Read more

Error to Dismiss Case for Lack of Prosecution When Party Awaits Action on Notice of Trial

In this mortgage foreclosure case, the trial court dismissed the case because appellant failed to schedule the matter for non-jury trial, despite the fact that appellant had filed a notice of trial.  The appellate court reversed, holding, “Because appellant continuously prosecuted its case and timely filed a notice of readiness for trial, dismissal was improper.… Read more

Breach of Confidentiality Clause Leads to Disgorgement of Settlement

In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential.  Four days after the parties signed the settlement agreement, the plaintiff’s daughter posted the following on her Facebook page:  “Mama and Papa Snay won the case against Gulliver.  Gulliver is now officially paying for my… Read more

Order Restricting Informal Discovery Infringes on Litigant’s Right to Free Speech

In this medical business dispute between a buyer and sellers of surgical centers, the trial court entered an order precluding the sellers from communicating with any third party, including those in other countries, about the facts of the case without first proceeding through the court’s formal discovery process. The appellate court reversed, holding that the… Read more

Happy New Year – Top 10 posts of 2012

Top 10 posts of 2012: New Rules for Service of Pleadings and Documents by E-mail Florida Supreme Court implements e-discovery amendments – Effective September 1st Rules Updates – New E-discovery and E-mail Service Rules Effective September 1st Service by Email Lack of Standing Is an Affirmative Defense – Wells Fargo Bank, N.A. v. Reeves Understanding… Read more

Amendment 5 Defeated – Election Wrap-up

I will leave it to WPTV for the results: Amendment: 5:  A Republican-sponsored proposal to give the GOP-dominated Legislature more control over Florida’s court system has been defeated at the polls. The vote Tuesday for Amendment 5 was only 44 percent in favor. All state constitutional amendments need at least 60 percent to pass. Amendment… Read more