UPDATED THROUGH September 4, 2012

Attorney’s Fees – Appellate.  Does section 57.105, Florida Statutes, support an award of appellate attorney’s fees for the filing of an administrative appeal without citing material facts to support standing of then existing law to support appeal based on material facts as found below? Martin County Conservation Alliance v. Martin County, No. SC11-2455 (review granted May 15, 2012). DCA decision: 73 So. 3d 856 (Fla. 1st DCA 2011). Status: briefing; no oral argument.

Litigation Privilege.  Is an attorney protected by the litigation privilege against claims for defamation and tortious interference when he related to another party’s ex-spouses and former business associates that the party utilized prostitutes to entice business clients and that the party was being prosecuted for prostitution? Del Monico v. Traynor, No. SC10-1397 (review granted Nov. 12, 2010). DCA decision: 47 So. 3d 1287 (Fla. 4th DCA 2010). Status: decision pending; Oral Argument Video (June 9, 2011).

Dental Malpractice – Physician’s Right to Confer with Attorney. Does allowing a treating physician to consult with his or her own attorney prior to being deposed violate the patient confidentiality statute? Hasan v. Garvar, No. SC10-1361 (review granted Jan. 21, 2011). DCA decision: 34 So. 3d 785 (Fla. 4th DCA 2010). Statusdecision pending; Oral Argument Video (Dec. 8, 2011).


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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