Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal -
Addressing the thorny issue of whether a state-law...more
Most trial lawyers tend to use reconsideration and rehearing interchangeably. But until recently they served very different purposes. Motions for rehearing filed pursuant to Florida Rule of Civil Procedure 1.530 applied only...more
Previously, the Second District Court of Appeal extended to civil cases the holding in Hazuri v. State, 91 So. 3d 836 (Fla. 2012), a criminal case addressing readbacks to the jury following a request for trial transcripts....more
Recently, the Florida Supreme Court resolved an interdistrict conflict between the decision of the Second District Court of Appeal in Suarez Trucking FL Corp. v. Souders, 311 So. 3d 263, 272 (Fla. 2d DCA 2020) and the...more
September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more
9/6/2022
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In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal. The court’s recommendation was the result of the work done by the...more
Last year, the Florida Supreme Court signaled its intention to adopt the summary judgment standard articulated in the Celotex trilogy, by directing the parties in Wilsonart, LLC v. Lopez, SC19-1336, 2019 WL 5188546 (Fla. Oct....more
On June 20, 2020, the Florida governor signed into law Senate Bill 1392,
which, among other things, divests circuit courts of jurisdiction over appeals from county court orders or judgments. Come January 1, 2021, Florida’s...more
Florida Supreme Court rewrites the rules, lifting restrictions on the immediate appeal of orders denying absolute, qualified, or sovereign immunity.
For those who have kept abreast of the latest opinions issued by the...more
1/30/2020
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The Florida Supreme Court in Wheaton v. Wheaton, No. SC17-716, 2019 WL 99109 (Fla. Jan.4, 2019), resolved the district split on the issue whether proposals for settlement made pursuant to section 768.79, Florida Statutes and...more