Civil Procedure



Discovery – Adverse Medical Incidents. Did the trial court depart from the essential requirements of the law by granting a request to produce records of adverse medical incidents involving patients other than the plaintiff without limiting the production of those records to the same or substantially similar condition, treatment or diagnosis as the patient requesting access? Martinez v. Cedars Healthcare Grp., No. SC11-2208 (review granted May 15, 2012). DCA Decision: 88 So. 3d 190 (Fla. 3d DCA 2011). Status: briefing; no oral argument.

Statute of Frauds – Arbitration. Question Certified: Does section 95.011, Florida Statutes apply to arbitration when the parties have not expressly included a provision in their arbitration agreement stating that it is applicable? Raymond James Fin. Servs., Inc. v. Phillips, No. SC11-2513 (review granted Jan. 27, 2012). DCA decision: 2011 WL 5555691, 36 Fla. L. Weekly D2479a (Fla. 2d DCA Nov. 16, 2011). Status: briefing complete; oral argument scheduled for Oct. 2, 2012.

Medical Malpractice – Limitation of Actions. Is a complaint untimely filed when the plaintiff has purchased a 90-day extension of the statute of limitations pursuant to § 766.104(2), Fla. Stat., and when negotiations are cut off with less than 60 days remaining of the statute of limitations, but the complaint is not filed until 78 days later? Patrick v. Gatien, SC11-1466 (review granted Feb. 7, 2012). DCA decision: 65 So. 3d 42 (Fla. 1st DCA 2011). Status: briefing complete; oral argument scheduled for Sept. 4, 2012.

Contracts – Implied Warranty of Habitability. Can a homeowner’s association bring a claim for breach of common law implied warranties of fitness and merchantability – also referred to as a warranty of habitability – against a builder/developer for defects in roadways, drainage systems, retention ponds, and underground pipes in a residential subdivision or are such claims required to be brought by individual homeowners? Moranda Homes, Inc. v. Lakeview Reserve Homeowners Ass’n, SC10-2292; T.D. Thomson Constr. co. v. Lakeview Reserve Homeowners Ass'n, SC10-2336 (review granted Apr. 20, 2011). DCA decision 48 So. 3d 902 (Fla. 5th DCA 2010). Status: decision pending; supplemental briefing completed; Oral Argument Video (Dec. 6, 2011).

Discovery of Corporate Financial Documents.  Whether a corporation seeking damages relating to the purchase of state-owned real estate and suing for negligent misrepresentation, fraud in the inducement, unjust enrichment and reformation of a purchase contract can be compelled to produce corporate financial records dating several years after the purchase date in question. Bd. of Trs. of the Int’l Improvement Trust Fund v. Am. Educ. Enters., LLC, No. SC10-2251 (review granted June 28, 2011). DCA decision: 45 So. 3d 941 (Fla. 3d DCA 2010). Status: decision pending; Oral Argument Video (May 9, 2012.


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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