Sylvia H. Walbolt

Sylvia H. Walbolt

Carlton Fields Jorden Burt

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National Union Prevails on $40 Million Coblentz Enforcement Action in D&O Case

On October 20, the U.S. District Court for the Middle District of Florida granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pa., in BondSafeguard v. National Union, 6:13-cv-561. The court held...more

10/22/2014 - D&O Insurance Development Agreements Negligent Misrepresentation Policy Exclusions Real Estate Development

Application Of The Judicial Estoppel Doctrine In Florida, Georgia, And Federal Courts

Florida’s Use of Judicial Estoppel - Under the “universal rule,” accepted in Florida and “in every other jurisdiction,” a party is “estopped” to assert inconsistent positions in litigation. Salcedo v. Asociacion...more

12/3/2013 - Abrogation Dismissals Judicial Estoppel Negligence Statute of Limitations

Pitfalls Of The Verdict Form And The Two-Issue Rule

1. Florida’s “two-issue rule” generally holds that an appellant cannot show reversible error when an error relates to one claim or defense and the verdict does not reveal whether the appellee prevailed on that basis or...more

11/11/2013 - Appeals Jury Verdicts Reversible Error Two-Issue Rule

Number Of Employees As An Element Of Florida’s Private Sector Whistle-Blower Act: Guidance From Federal Employment Case Law

This article discusses a potential pitfall or opportunity for parties litigating a claim under the private sector Florida Whistle-blower Act (“FWA”), §§ 448.101, Fla. Stat., et seq. The FWA applies only to employers who...more

10/15/2013 - Retaliation Small Business Whistleblower Protection Policies Whistleblowers

23 Tips For Improved Jury Instructions

Jury instructions are important in winning the case before the jury. They can also provide grounds for appeal if errors are properly preserved. The following points address the most common problems we appellate lawyers see...more

8/30/2013 - Appeals Jury Instructions Litigation Strategies Objection Procedures

10 Appellate Commandments For Trial Lawyers

1. Always bring appellate counsel into the case before trial. If the case is important enough to try, it almost certainly will be important enough for the loser to appeal. 2. Always, at the very least, involve...more

8/27/2013 - Litigation Strategies

New Twists On Florida’s ‘Tipsy Coachman’ Doctrine

A recent Florida appellate decision examines some new twists on Florida’s “tipsy coachman” doctrine. Before we discuss the new decision, though, it may be useful to discuss what the tipsy coachman doctrine is and where it...more

8/27/2013 - Appeals Trial Court Orders

22 Tips For Improved Jury Instructions

Jury instructions obviously are important in winning the case before the jury. ...more

8/8/2013 - Judges Jury Instructions Litigation Strategies Objection Procedures

Tips For Preserving The Record: The “Opening The Door” Opportunity And The Art Of The Proffer

Trial courts make evidentiary rulings both before and during trial, and trial lawyers should be alert to the opportunity to request the court to revisit its earlier rulings during the course of trial. ...more

7/31/2013 - Appeals Appellate Record Evidentiary Rulings Offer of Proof Proffer Agreement

Comparison And Contrast: Differing Standards For Inferences In Federal And Florida State Courts

Direct evidence of a matter at issue will not always be available; consequently, civil litigants may sometimes establish facts effectively and conclusively with circumstantial evidence. Nielsen v. City of Sarasota, 117 So. 2d...more

7/9/2013 - Circumstantial Evidence Evidence Evidentiary Rulings Inference Litigation Strategies

The CAFA Year In (Appellate) Review: A Look Back At The Class Action Fairness Act In The Circuit Courts Of Appeals In 2012-2013

On January 1, 2012, we published “The CAFA Year in (Appellate) Review: A Look Back at the Class Action Fairness Act in the Circuit Courts of Appeals in 2011.”...more

7/1/2013 - CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

4/24/2013 - Damages Directors Exclusions Liability Officers

Tips For Trial Counsel On Planning, Preparation And Preservation: Creating Defensible Jury Instructions And Planning For A Charge...

Jury instructions are the mechanism that provides the jury with the proper legal structure to analyze the evidence that has been presented at trial. Without proper guidance through good instructions on the law, the jury is...more

2/12/2013 - Charge Conferences Jury Instructions Litigation Strategies Standing Objections

It Was A Dark And Stormy Night

It was a dark and stormy night on October 9, 1837, when Hardy Croom and his wife Frances, together with their three young children, all died in the wreck of the steamboat “Home” on their passage from New York to Charleston,...more

2/7/2013 - Domicile of Succession Intestate Succession SCOTUS Survivorship

Tips For Trial Counsel On Planning, Preparation, And Preservation: The "Opening The Door" Opportunity And The Art Of The Proffer

Trial courts make evidentiary rulings both before and during trial, and trial lawyers should be alert to the opportunity to request the court to revisit its earlier rulings during the course of trial. See Persaud v. State,...more

1/9/2013 - Evidence Evidentiary Rulings Motion To Reconsider Testimony

Tips For Trial Counsel On Planning, Preparation And Preservation

Litigants settle lawsuits and claims every day, for a multitude of different reasons, including purely economic ones. Litigation is costly and, as a practical matter, it may be better to pay something to make a claim go away...more

12/19/2012 - Admissions Evidence Litigation Strategies Settlement

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