January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases...more
Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more
1/24/2024
/ Ambiguous ,
Attorney's Fees ,
Enforcement ,
FL Supreme Court ,
Florida ,
Good Faith ,
Illusory Contracts ,
Indemnification ,
Jurisdiction ,
Non-Monetary Payments ,
Punitive Damages ,
Settlement ,
Trial Court Orders
In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more
9/26/2023
/ Appeals ,
AT&T ,
Attorney's Fees ,
FDUTPA ,
Florida ,
Fraud ,
Frivolous Lawsuits ,
Genuine Issue of Material Fact ,
Good Faith ,
Prevailing Party ,
Sanctions
On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more
8/23/2023
/ Appeals ,
Bodily Injury ,
Breach of Duty ,
Damages ,
Enforcement ,
Fiduciary Duty ,
Florida ,
Motion to Dismiss ,
Negligence ,
Nursing Homes ,
Passive Investments ,
Petition for Writ of Certiorari ,
Policies and Procedures ,
Wrongful Death
On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened...more
4/13/2023
/ Arbitration ,
Attorney-Client Privilege ,
Bad Faith ,
Damages ,
Florida ,
Governor DeSantis ,
Insurance Contracts ,
Litigation Strategies ,
Medicaid ,
Negligence ,
New Legislation ,
Reimbursements ,
Tort Reform
1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard
On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more
3/8/2022
/ Affirmative Defenses ,
Appeals ,
Arrearages ,
Business Judgment Rule ,
Comcast ,
Condominium Associations ,
Condominiums ,
Defense Strategies ,
Florida ,
Settlement Agreements ,
Statutory Interpretation ,
Summary Judgment ,
Ultra Vires
On January 6, 2022, the Florida Supreme Court started the new year off with a bang, to wit: the Court amended Florida Rule of Appellate Procedure 9.130 to allow for appeals of nonfinal orders granting or denying motions to...more