On Thursday, the Supreme Court approved the Water and Land Conservation Amendment for placement on the ballot. According to the ballot summary, the amendment would fund “the Land Acquisition Trust Fund to acquire, restore, improve, and manage conservation lands including
Legal Conclusions Supporting an Order to Grant a New Trial are Entitled to Little Deference, Rules the Supreme Court
In Van v. Schmidt (SC11-1467), the Florida Supreme Court clarified the applicable standards and remedies available to an appellate court when reviewing a trial court’s order to grant a new trial on the grounds that the jury verdict was contrary
Fencing and Thieving: Jury Instructions in Cases of Theft and Dealing in Stolen Property
The Florida Supreme Court returned from its summer recess and on Thursday clarified the application of section 812.025, Fla. Stat., which provides that if a criminal defendant is charged with both theft and dealing in stolen property in connection with
Florida Supreme Court Rejects the Legislature’s Bid to Halt Redistricting Lawsuit
By Dwight Slater In a thirty-four page opinion released today, the Florida Supreme Court rejected every argument advanced by the Legislature in its effort to stop a lawsuit brought by the League of Women Voters, et al., challenging its 2012
A Denial of a Claim of Sovereign Immunity in Tort Suits is Generally Not Reviewable by Certiorari
Recently the Florida Supreme Court clarified that an order denying a government entity’s claim of sovereign immunity in tort suits generally cannot be reviewed by a petition for a writ of certiorari. The opinion, issued in Rodriguez v. Miami-Dade County
When Medical Malpractice Arbitration Agreements May Violate Public Policy
In Franks, etc. v. Bowers, et al. (SC11-1258), the Florida Supreme Court found that an agreement for the arbitration of medical malpractice claims that does not contain the statutory reciprocal incentives for arbitration provided in certain provisions in the Medical
The Deference Afforded to a Plaintiff’s Choice of Forum in Florida is Not Limited to Florida Residents
On June 20, 2013, the Florida Supreme Court issued its opinion in Cortez v. Palace Resorts, Inc., et al. (SC11-1908), where it considered whether the forum non conveniens doctrine was properly applied in a lawsuit brought in Florida by a
The Validity of Attorney’s Fees Alternative Recovery Clauses
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 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
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