News & Analysis as of

Evidence Florida

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Marshall Dennehey

Third District Court Quashes Order Granting Motion for Protective Order Relating to a Corporate Representative’s Deposition

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Hamilton v. Citizens Property Insurance Corporation, Fla. 3rd DCA, 3D23-1934, May 1, 2024 - The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

Carlton Fields on

Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

Carlton Fields on

Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Searcy Denney Scarola Barnhart & Shipley

Navigating the Legal Process After a Car Accident in Florida: Your Rights and Options

Being in a car accident can be a traumatic experience, particularly if there are serious personal injuries and/or significant damage to your car. Understanding the legal process in Florida is imperative to knowing your rights...more

EDRM - Electronic Discovery Reference Model

Civil Procedure Rules Can Change for the Better- But It Takes Work

A landmark rules decision this past week by the Florida Supreme Court promises to reshape the landscape of civil litigation in the state. One particular change amending Florida’s scope of discovery rule, Fla. R. Civ. P....more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Fisher Phillips on

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability After a Florida Pedestrian Accident

If you’ve been injured in a pedestrian accident, it may be fairly obvious to you that the driver who hit you is to blame. But, to recover the financial compensation you deserve, you must be able to prove liability....more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Keeping Evidence in a Product Liability Case in Florida

Product liability cases can be some of the most complex matters in the area of personal injury law. Such cases involve complicated fact patterns as well as various issues of law. Prevailing in these types of cases requires...more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Liability in a Car Accident Case in Florida

The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more

Butler Weihmuller Katz Craig LLP

Effective Immediately: Jury Requests To Review Testimony In Civil Cases Is Governed By Florida Rule Of Civil Procedure 1.453

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

Rumberger | Kirk

Judicial Notice Gets a Modern Update

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Picture this: you’re in court involving a personal injury crash and you want to reference as evidence the fact that Orange Avenue is a roadway that runs North-South. Do you need to ask the court for a recess, go find an...more

Butler Weihmuller Katz Craig LLP

Florida Streamlines Admitting Satellite and Mapping Images into Evidence

Satellite and mapping imagery has an important role in the litigation of property insurance claims, from its use to question a witness under oath, its use as a demonstrative aid at trial, to even being admitted into evidence...more

Baker Donelson

Worry No More – Maps and Images Subject to Judicial Notice in Florida

Baker Donelson on

The Florida Legislature has voted in support of CS/HB 677, which will create a new subsection of the Florida Evidence Code on the subject of judicial notice. Specifically, when it goes into effect on July 1, 2022, Section...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Esquire Deposition Solutions, LLC

[Webinar] Ethical Considerations When Taking A Remote Deposition - August 20th, 12:00 pm - 1:00 pm EST

Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more

Esquire Deposition Solutions, LLC

[Webinar] Ethical Considerations When Taking A Remote Deposition - August 19th, 12:00 pm - 1:00 pm EST

Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more

Bilzin Sumberg

Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects

Bilzin Sumberg on

The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam....more

Burr & Forman

Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine

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Florida courts have required the moving party to “conclusively disprove” the nonmovant’s theory of the case in order to eliminate any issue of fact, whereas the federal doctrine permits the entry of summary judgment when...more

Rumberger | Kirk

New Year, New Florida Summary Judgment Standard

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It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard - On the final day of 2020, the Florida Supreme Court waived adieu to the past in two related decisions on the summary judgment...more

Rumberger | Kirk

Daubert Applies Retroactively, Explains Fourth DCA

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The Fourth District Court of Appeal recently issued a reminder that Daubert is the standard for all disputes regarding admissibility of expert testimony in Florida, and applies retroactively even where Frye was the standard...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

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A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

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