Marking a significant development for the cannabis industry both in the state of Florida and throughout the U.S., an initiative will appear on the November 5, 2024, ballot in Florida, which could amend its constitution to...more
Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and under-resourced. ...more
On June 2, 2022, Governor Ron DeSantis signed CS/HB 7027 creating Chapter 2022-163, Laws of Florida, paving the way for a Sixth District Court of Appeal. Governor DeSantis also approved a budget that includes funding for...more
Earlier this month in Levy v. Levy, No. SC20-1195, 2021 WL 4614308 (Fla. Oct. 7, 2021), the Supreme Court of Florida issued a ruling that section 57.105(7) of the Florida Statutes did not apply to the attorney’s fee provision...more
Although it remains illegal under federal law, recreational marijuana is legal in more than a dozen states and in Washington, D.C. On Tuesday, June 22, 2021, Connecticut became the 18th state to legalize recreational...more
On May 27, 2021, the Florida Supreme Court issued an opinion addressing several constitutional challenges to Florida’s medical marijuana law. The 6-1 decision determined that the constitutional challenge to vertical...more
Last week, the Florida Supreme Court in C.N. v. I.G.C. (Case No. SC20-505), ruled on the issue of whether a court is required to give a parent “concrete steps” to restore lost timesharing and return to the pre-modification...more
Executive Summary: - In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the...more
Barnett v. State of Florida and Its Effect on Governmental Entities who Are Sued for Claims Involving a Criminal Episode with Multiple Victims. ...more
The Florida Legislature recently amended Florida Statutes section 26.012 and, in so doing, eliminated circuit court jurisdiction over most county court appeals. Effective January 1, 2021, most county court rulings will now be...more
On June 16, 2020, Florida Supreme Court Chief Justice Charles Canady issued two new administrative orders and a new “best practices” memorandum adopting changes to guidelines for state court pandemic operations....more
Throughout the COVID-19 pandemic, the Ninth Judicial Circuit Court (State Court) has remained open, relying primarily on teleconference or videoconference for hearings. Starting yesterday, the Ninth Judicial Circuit is...more
On April 6, 2020, Florida Supreme Court Chief Justice Charles T. Canady issued Administrative Order (AOSC20-23) to extend the prior emergency measures that had been adopted in March to help maintain the administration of...more
On Tuesday, March 25, 2020, Chief Justice Charles Canady entered Administrative Order No. AOSC20-17 which consolidates the Supreme Court’s prior orders and implements additional emergency measures. ...more
Four hundred and fifty-six days after it was approved by more than 57% of the Hillsborough County electorate, legal challenges to a county charter amendment that added a 1% sales tax designed to finance the county’s...more
Florida Supreme Court rewrites the rules, lifting restrictions on the immediate appeal of orders denying absolute, qualified, or sovereign immunity. For those who have kept abreast of the latest opinions issued by the...more
Impact of Amendments to Florida Rule of Appellate Procedure 9.130 and Florida Highway Patrol v. Jackson on Governmental Entities and Employees If you are a State Agency, City, County, Sheriff’s Office, School Board, Police...more
On January 23, 2020, the Florida Supreme Court changed the Florida Rules of Appellate Procedure to create a new class of interlocutory appeals and expand the right to bring other appeals from nonfinal orders....more
On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes...more
Former Florida Supreme Court Justice Harry Lee Anstead filed a petition for writ of quo warranto directly with the Florida Supreme Court, challenging six of the seven Florida Constitution Revision Commission proposed...more
In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more
The Florida Supreme Court, in a per curiam decision, dismissed a petition seeking quo warranto relief brought by the Florida League of Women Voters challenging Governor Rick Scott’s ability to appoint three new Supreme Court...more
A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more
• The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company in...more