Jacek Stramski | The Supreme Court recently clarified the antique firearm exception to Florida’s “felon-in-possession” statute. The exception excludes antique firearms from the general probition on possessing firearms by convicted felons who have not had their civil rights restored. State
Court Orders New Mayoral Election for Miami Gardens
Jacek Stramski | The City of Miami Gardens will have to hold a second election for mayor after the Florida Supreme Court invalidated the election held on August 30, 2016. In Wright v. City of Miami Beach (SC16-1518), the Court
When is an Accident a Crash under Florida’s Hit and Run Statute?
Jacek Stramski | On July 7, the Supreme Court of Florida considered what it means for a vehicle to be “involved in a crash” for purposes of section 316.027, Florida Statutes. Gaulden v. State (SC14-399). The Court concluded in a
2011 Law Making Judgment Interest Variable Does Not Apply Retroactively
Jacek Stramski | In a 5-2 decision issued on June 9, the Florida Supreme Court ruled that the interest awarded on judgments entered between 1998 and 2011 remains unchanged until the judgment is paid and is not affected by 2011
Court Extends Availability of Temporary Disability Benefits Under Workers’ Compensation Statutes
Jacek Stramski | This week the Supreme Court held that section 440.15(2)(a), Florida Statutes (2009), which cuts off workers’ compensation disability benefits to a worker who is totally disabled and unable to work but who has not yet reached maximum
Civil Liability for False Reporting of Criminal Activity
Jacek Stramski | The Court recently considered whether a person who falsely reports criminal conduct to law enforcement is immune from civil liability for the false report. The Court concluded that while a qualified privilege shields a person making a
Court Holds that Right to Tax Exemption does not Vest until Certification of Tax Roll
Dwight Slater | In a unanimous opinion authored by Justice Polston, the Court reversed the First DCA’s decision in Stranburg v. Panama Commons L.P., 160 So. 3d 160 (Fla. 1st DCA 2015), which held that Panama Commons (“PC”) had a
Failure to Appear is not Direct Criminal Contempt
Jacek Stramski | On November 5, the Florida Supreme Court issued its opinion in State v. Diaz de la Portilla (SC14-1625) and clarified that failure to appear at a scheduled hearing when required to do so by a court can
Impairment of Contracts, Hospital Districts, and the Foundations They Create
Regina Keenan | On November 13, 2014, the Florida Supreme Court issued an opinion in Citrus County Hospital Board v. Citrus Memorial Health Foundation, Inc. (SC13-411) affirming Citrus Memorial Health Foundation, Inc. v. Citrus County Hospital Board, 108 So. 3d
Court Revisits Life Sentences for Juvenile Offenders, Part 2
Regina Keenan | On March 19, 2005, the Florida Supreme Court issued opinions in Falcon v. State, (SC13-865) and Horsley v. State, (SC13-1938) combined with State v. Horsley, (SC-13-2000). In Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012), the