Regina Keenan The Florida Supreme Court in Board of Trustees of the City Pension Fund for Firefighters & Police Officers in the City of Tampa v. Parker (SC 12-890) held that parties that prevail on claims for benefits under local
The Constitutionality Of Law Enforcement’s Use Of Cell Phone Data To Track Suspects
Kristen Larson and Regina Keenan In Tracey v. State (SC11-2254), the Florida Supreme Court held that a trial court erred in admitting evidence obtained from real time cell site location tracking which was not authorized by a court order, and
Supreme Court Addresses Uninsured Motorist Insurance and Stacking Coverage
John Koeppel On Thursday the Florida Supreme Court reversed a decision by the First District Court of Appeal regarding uninsured motorist (UM) insurance, Travelers Commercial Ins. Co. v. Harrington, 86 So. 3d 1274 (Fla. 1st DCA 2012), and held that
State is Generally not Entitled to Judicial Review of Orders Terminating Probation
John Koeppel On October 16, the Court issued a ruling in a controversial case involving a notorious former school teacher who was charged with two counts of lewd or lascivious battery under section 800.04(4)(a), Fla. Stat. (2003), for committing sexual
Written Findings Required for Upward Departure in Sentencing under the Criminal Punishment Code
John Koeppel On October 9th, the Florida Supreme Court clarified whether a trial court may impose a sentence on remand that departs from the Criminal Punishment Code where the trial judge failed to comply with the requirements of section 775.082(10),
The Week in Review: Death Penalty Rulings Stand and Jurisdiction was Incorrectly Granted
Kristen Larson In Davis v. State (SC13-6), the Florida Supreme Court denied the appellant’s arguments that his conviction and sentence of death should be overturned on the basis that: “(1) the trial court failed to remain neutral during the penalty-phase
Can Citizens Property Insurance be Liable for Bad Faith?
Regina Keenan On October 7, the Florida Supreme Court heard oral argument in Citizens Property Ins., Corp., Etc. v. Perdido Sun Condominium Assoc., Inc., Etc. (SC14-185), a civil action against Citizens for bad faith. The trial court’s dismissal of the
Don’t Drink and Jury
Michael Maida On October 7, the Florida Supreme Court heard arguments in Plank v. State (SC14-414), on appeal from the First District Court of Appeal, 130 So. 3d 289 (Fla. 1st DCA 2014), which certified conflict with Woods v. State,
Power Struggle: Does a School Have an Affirmative Duty to Use an AED When Necessary?
Kristen Larson This week the Florida Supreme Court heard oral argument in Limones v. School District of Lee County. (SC13-932) The central issue in this case is whether a school district’s failure to use an AED (automated external defibrillator) was
Court May Clarify What Constitutes an Antique Firearm
John Koeppel The State of Florida recently petitioned the Florida Supreme Court to clarify what constitutes an antique firearm for purposes of section 790.23, Fla. Stat. (2012), which prohibits possession of a firearm by a felon. Weeks v. State (SC14-1856).