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
Court Addresses Availability of Provisional Credits to Inmates Sentenced as Habitual Offenders
John Koeppel In Leftwich v. Department of Corrections (SC12-2669), the Florida Supreme Court held that section 944.277, Florida Statutes (1992), renders an inmate ineligible to receive provisional credits on any sentence after the inmate has received a habitual offender sentence,
Fencing and Thieving Part II: Vacating Judgments in Cases of Theft and Dealing in Stolen Property
Kristen Larson In Anucinski v. State (SC12-1281), the Florida Supreme Court held that in cases where the trial court has erred and adjudicated a defendant guilty of both theft and dealing in stolen property in connection with one scheme or
Florida Virtual School has Real Authority to Enforce Trademarks
Jacek Stramski In Florida Virtual School v. K12, Inc. (SC13-1934), the Florida Supreme Court held that the Florida Virtual School (“FVS”) has standing to sue to enforce its trademark even though the Florida Statutes provide that the trademark is owned
Arbitration Awards and Judicial Review of Contracts for Illegality
By Jacek Stramski In Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc. (SC11-2468), the Florida Supreme Court held that courts cannot review, or refuse to enforce, an arbitration award based on a claim of contract illegality. A