In the case of Leonirez Heredia v. John Beach Associates, Inc., et al., Case Number 2D18-4127 (Fla. 2d DCA July 24, 2019), Florida’s Second DCA held that there was no horizontal privity for purposes of workers compensation immunity when the general contractor is the owner of...
In the case of Gurin Gold, LLC, et. al v. Charles Dixon, Case number 4D18-2156 (Fla. 4th DCA 2019), Florida’s Fourth DCA excluded the opinion of a doctor who reviewed MRI’s during trial for the first time and formed new opinions, long after the expiration of expert...
In the case of Lazaro Fresnedo v. Porky’s Gym III, Inc., Case Number 3D17-1126 (Fla. 3rd DCA April 24, 2019), Florida’s Third DCA held that the pre-injury waiver and release form was not “clear and unequivocal” and was, therefore, void. Underlying...
In the case of Jessica Conti v. James Auchter and Ashlee Auchter, Case Number 5D18-696 (Fla. 5th DCA March 15, 2019), Florida’s Fifth DCA held that losing on a proposal for settlement for the wife’s consortium claim results in a sanction for attorney fees and costs for...
In the case of Frank Bellezza v. James Menendez and Crary Buchanan, P.A., Case Number 4D17-3277 (Fla. 4th DCA March 6, 2019), Florida’s Fourth DCA held that “while letters of protection may be admitted to establish bias, any further inquiry regarding the ‘cozy...
In the case of Lee Memorial Health System v. Progressive Select Insurance Company, the Florida Supreme Court held that Lee County’s hospital lien ordinance was unconstitutional as a “special law” improperly impairing private contracts. The LMHS Lien Law And How...
In the case of Brown & Brown, Inc. v. James T. Gelsomino and Ace American Insurance Company, Case Number 4D17-3737 (Fla. 4th DCA November 28, 2018), Florida’s Fourth DCA held that a right to have a case outcome determined by the joint and several liability scheme in...
In the case of Richard Delisle v. Crane Co., Case Number SC16-2182 (Fla. October 15, 2018), the Florida Supreme Court announced its disapproval of the Daubert standard as an unconstitutional infringement on the Court’s rule making authority. The Court had previously...
In the case of W. Riley Allen v. Jairo Rafael Nunez, Case Number SC16-1164 (Fla. October 4, 2018), the Florida Supreme Court issued an opinion upholding the simple terms of a proposal for settlement and calling a challenge to “plain language” as...
In the case of Anthony Newton v. Caterpillar Financial Services Corporation, et al., Case Number SC17-67 (Fla. September 27, 2018), the Florida Supreme Court held that front end loaders are considered a “dangerous instrumentality” under Florida law. Underlying Case...
In the case of Trugreen Landcare, LLC v. Charles Lacapra, Case Number 5D17-1594 (Fla. 5th DCA August 31, 2018), Florida’s Fifth DCA held that a palm tree planter in the parking lot of a movie theater where the plaintiff was cutting through was not dangerous as a matter of law...
In the case of GKK v. Petronila Cruz, Case Number 3D18-560 (Fla. 3rd DCA July 5, 2018), Florida’s Third DCA held that the failure of a party to file a privilege log does not waive categorical privileges (i.e. work-product and attorney-client privileges). This case arose...
In the case of Alberto Valle v. Scott Flory, Case Number 2D16-2848 (Fla. 2d DCA August 15, 2018), a proposal for settlement that was missing an attorney’s signature in the certificate of service was held to be valid. Background Facts Mr. Valle sued Mr. Flory (of course there is...
In the case of Giraldo v. Agency For Health Care Administration, Case Number SC17-297 (Fla. July 5, 2018), the Florida Supreme Court held that federal law limits the lien rights that AHCA (Florida Medicaid) can claim to amounts recovered for past medical expenses. Florida...
In the case of Dayana St. Vil Lopez v. Yo Roofing and Associates, Inc. and Scott Allen Voorhees, Case number 4D17-2075 (Fla. 4th DCA June 27, 2018), Florida’s Fourth DCA held that a juror who clearly expressed bias against holding a party vicariously liable for a car accident...
In the case of Khorran v. Harbor Freight Tools USA, Inc., Case Number 3D17-1508 (Fla. 3d DCA June 27, 2018), Florida’s Third DCA reversed a summary judgment holding that there was sufficient evidence to support the plaintiff’s claim for negligence and negligent mode of...
In the case of Wal-Mart Stores, Inc. v. Derrick Thornton, Case Number 4D16-4173 (Fla. 4th DCA March 7, 2018), Florida’s Fourth DCA held that testimony from a doctor that a “potential” future surgery would cost a certain amount was not improper to support an award...
In the case of Ramsey v. Dewitt Excavating, Inc., Case Number 5D17-311 (Fla. 5th DCA June 15, 2018), Florida’s Fifth DCA held that there was enough evidence to allow a jury to decide whether a fellow co-worker of Mr. Ramsey was grossly negligent in turning on a concrete mixer...
In the case of Sanchez v. Martin, Case Number 4D17-1731 (Fla. 4th DCA June 6, 2018), Florida’s Fourth DCA reversed a $1.5 million jury verdict over the improper use of a jury instruction regarding the aggravation of a pre-existing condition or injury. Not An...
In the case of Stern v. Horwitz, Case Number 2D17-3044 (Fla. 2d DCA May 30, 2018), a suggestion of death was filed after one of the parties to the lawsuit died and a dismissal was reversed because the 90 day time period under Fla. R. Civ. P. 1.260(a) does not require that the trial...
