Kristen Larson | In Graham v. Florida, 560 U.S. 48 (2010), the Supreme Court of the United States held that a Florida law which allowed juveniles to be sentenced to life without parole for nonhomicide crimes was unconstitutional. The Court
Supreme Court Looks at Uninsured Motorist Coverage
Kristen Larson | On February 19, 2015, the Florida Supreme Court issued its opinion in Chase v. Horace Mann Insurance Company (SC13-2013). The main issue was whether Richard Chase’s lowering of the uninsured motorist (“UM”) limits in an auto insurance
Court Considers What Must be in a Return of Service of Process
Kristen Larson | On February 5, the Florida Supreme Court issued its opinion in Koster v. Sullivan (SC13-159). The main question was over the facts regarding the manner of service that a return of service was required to list in
Family Law and Judicial Administration Rule and Jury Instruction Changes Adopted
Kristen Larson | On January 22, the Court adopted notable changes to rules of family procedure and judicial administration and jury instructions. Florida Family Law Rule of Procedure 12.451 was adopted to mirror Florida Civil Rule of Procedure 1.451, which
Secret Recordings Made by Alleged Victim of Sexual Abuse Prohibited As Evidence
Regina Keenan | On December 11, 2014, the Florida Supreme Court unanimously decided McDade v. State (13-1248). McDade was arrested and charged with various sex crimes after his then sixteen-year-old stepdaughter (Alleged Victim) reported to the police that he had
All the Court Wants for Christmas is 35 Judgeships
Jacek Stramski| On December 22, 2014, the Supreme Court addressed a holiday wish list to the Legislature pursuant to its constitutional duty to provide an annual report on the need for additional judges. In re: Certification of Need for Additional
Do Civil Appeal Harmless Error Findings Require Special Consideration?
Kristen Larson | In Special v. West Boca Medical Center (SC11-2511), the Florida Supreme Court held that the Fourth District Court of Appeal erred in ruling that an error which “more likely than not” did not contribute to the verdict
Court Orders Release of Documents in Redistricting Case
John Koeppel | On November 13, the Florida Supreme Court affirmed a trial court ruling which ordered Data Targeting, Inc., its president Pat Bainter, and others (collectively, “non-parties” or “Bainter”) to produce 538 pages of documents subpoenaed in a challenge
Court Amends Florida Rules of Appellate Procedure
Jacek Stramski On November 6, the Florida Supreme Court adopted changes to a number of the Florida Rules of Appellate Procedure. In re: Amendments to the Florida Rules of Appellate Procedure (SC14-227). Some changes of note: Rule 9.020(i) was amended
Supreme Court Focuses on Judicial Discipline
Jacek Stramski The last two weeks saw the Florida Supreme Court mete out discipline in two high profile cases involving judicial misconduct. In Inquiry Concerning A Judge Re: Susan B. Flood (SC13-344), the Supreme Court adopted the recommendation of the