Alternative fee recovery clauses in attorney’s fees agreements that use an hourly rate as the other basis for payment are valid, even if the alternative fee provision would result in higher fees due to the attorney than under the hourly
Florida Supreme Court May Decide Whether Online Travel Companies are Subject to the Tourist Development Tax
One interesting case that the Florida Supreme Court may accept jurisdiction over is Leon County, et al. v. Expedia, Inc., et al. (SC13-838). The essential issue that the Court will have to address, if it takes the case, is whether
Florida Supreme Court Holds that Excessive Caseload in 11th Circuit May Warrant Prospective Rejection of Third-Degree Felony Cases by Public Defender’s Office
Yesterday the Florida Supreme Court issued its much anticipated opinion in Public Defender, Eleventh Judicial Circuit of Florida, et al. v. State of Florida (SC09-1181 and SC10-1349). The 5-2 decision, authored by Justice Quince, considered issues presented from two appeals
The U.S. Department of Justice Argues that Undocumented Immigrant is Ineligible to be Licensed as an Attorney in Florida
On May 20, 2012, the U.S. Department of Justice (DOJ) filed an amicus curiae brief in the matter of Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants are Eligible for Admission to the Florida Bar (SC11-2568).
Florida Statutes Preempt Local Laws Related to Priority Status of Code Enforcement Liens
In City of Palm Bay v. Wells Fargo Bank, N.A. (SC11-830), the Florida Supreme Court held that a municipal ordinance may not establish super-priority status for municipal code enforcement liens. City of Palm Beach Ordinance 97-07 provides that liens on
Parental Compensation Cap in Florida’s Birth-Related Neurological Injury Compensation Plan Is Upheld
Angela Samples, etc., et al., v. Florida Birth-Related Neurological Injury Compensation Association (SC10-1295) addressed the constitutionality of the limitation in s. 766.31(1)(b)1., Fla. Stat., of a single award of $100,000 to both parents entitled to compensation under the Florida Birth-Related
Florida Statutes of Limitations Apply to Arbitration Proceedings
In Raymond James Financial Services, Inc. v. Barbara J. Phillips, etc., et al. (SC11-2513) the Florida Supreme Court considered whether the statute of limitations of section 95.11, Fla. Stat., applicable to “civil actions and proceedings” pursuant to s. 95.011, Fla.
Nuclear Power Plant Preconstruction Cost Recovery and the Public Service Commission
In Southern Alliance for Clean Energy v. Graham, et al. (SC11-2465), the Florida Supreme Court considered the constitutionality of section 366.93, Florida Statutes, which authorizes the Public Services Commission (PSC) to allow a utility to recover preconstruction costs through customer
Statutory Fee Caps and Capital Collateral Defense Investigations
By Matthew Neff In recently decided McClain v. Atwater, (SC11-1452), the Supreme Court decided whether a postconviction capital case presents extraordinary or unusual circumstances sufficient to depart from the fee caps for investigative expenses established by Florida Statutes. The Court
Rumble in the Jungle: Promissory Estoppel vs. Statute of Frauds
In DK Arena, Inc. v. EB Acquisitions I, LLC (SC10-897), the Florida Supreme Court reaffirmed the Florida rule that promissory estoppel does not create an exception to the Statute of Frauds. The Statute of Frauds, codified in Florida since 1828,