By Jacek Stramski The Supreme Court’s joint opinion issued Thursday in Masone v City of Aventura (SC12-644) and City of Orlando v. Udowychenko (SC12-1471) invalidated the municipal red light traffic camera enforcement systems set up by ordinance in those cities.
Attorney’s Fees in Extraordinary Writ Proceedings
By Jacek Stramski Last week the Supreme Court clarified the procedure available to a party who wishes to seek attorney’s fees in an original writs proceeding at the appellate level. The decision, issued in Advanced Chiropractic and Rehabilitation Center Corp.
Court Clarifies Standard of Proof in Civil Proceedings that Involve Monetary Penalties
By Jacek Stramski Today the Florida Supreme Court unanimously clarified that where the Legislature authorizes a state agency to impose a civil penalty in a court of competent jurisdiction, the agency’s burden of proof is a preponderance of the evidence
Florida Supreme Court Holds that Pregnancy Discrimination is Prohibited Under State Law
The Florida Supreme Court held today in Delva v. Continental Group, Inc. (SC12-2315), that the Florida Civil Rights Act (FCRA), sections 760.01-760.11, Fla. Stat., which in part prohibits discrimination in employment on the basis of sex, encompasses discrimination on the
Vicarious Liability and the Beneficial Ownership Exception to the Dangerous Instrumentality Doctrine
By Jacek Stramski It’s 6:00PM. Do you know where the cars titled in your name are? On April 10, the Florida Supreme Court issued an opinion addressing the beneficial ownership exception to the dangerous instrumentality doctrine, which provides an exception
E-Zer Said than Done: Court Considers Will Prepared With Commercially Available Form
By Jacek Stramski The Supreme Court’s decision in Aldrich v. Basile (SC11-2147), issued last week, provides the latest example of how using a commercial form to prepare a will can turn out to be much more expensive in the long
Florida’s Relation Back Doctrine and Third-Party Defendants
By Jacek Stramski In Caduceus Properties, LLC v. Graney (SC12-1474), decided in late February, the Supreme Court clarified that “an amended complaint, naming a third-party defendant as a party defendant, relates back to the filing of the third-party complaint” for
Court Rules that Undocumented Immigrants are Not Eligible for Admission to the Florida Bar
In Florida Board of Bar Examiners Re Question as to Whether Undocumented Immigrants are Eligible for Admission to the Florida Bar (SC11-2568), the Florida Supreme Court decided in a unanimous per curiam decision that undocumented immigrants are not eligible for
Court Resolves Insurance Dispute Stemming from Self-Insured Retention Clause
By Herron Bond In Intervest Construction v. General Fidelity Insurance (SC11-2320), the Supreme Court of Florida resolved a dispute over a self-insured retention (SIR) endorsement and subrogation clause found in a general liability insurance policy held by ICI Homes, Inc.
Court Clarifies Developers’ Escrow Obligations Under the Condominium Act
By Herron Bond Last week the Supreme Court of Florida released its opinion in North Carillon v. CRC 603 (SC12-75), holding that a developer’s failure to maintain separate escrow accounts for a buyer’s deposits did not make contracts for the