Angela Samples, etc., et al., v. Florida Birth-Related Neurological Injury Compensation Association (SC10-1295) addressed the constitutionality of the limitation in s. 766.31(1)(b)1., Fla. Stat., of a single award of $100,000 to both parents entitled to compensation under the Florida Birth-Related
Florida Statutes of Limitations Apply to Arbitration Proceedings
In Raymond James Financial Services, Inc. v. Barbara J. Phillips, etc., et al. (SC11-2513) the Florida Supreme Court considered whether the statute of limitations of section 95.11, Fla. Stat., applicable to “civil actions and proceedings” pursuant to s. 95.011, Fla.
Nuclear Power Plant Preconstruction Cost Recovery and the Public Service Commission
In Southern Alliance for Clean Energy v. Graham, et al. (SC11-2465), the Florida Supreme Court considered the constitutionality of section 366.93, Florida Statutes, which authorizes the Public Services Commission (PSC) to allow a utility to recover preconstruction costs through customer
Statutory Fee Caps and Capital Collateral Defense Investigations
By Matthew Neff In recently decided McClain v. Atwater, (SC11-1452), the Supreme Court decided whether a postconviction capital case presents extraordinary or unusual circumstances sufficient to depart from the fee caps for investigative expenses established by Florida Statutes. The Court
Rumble in the Jungle: Promissory Estoppel vs. Statute of Frauds
In DK Arena, Inc. v. EB Acquisitions I, LLC (SC10-897), the Florida Supreme Court reaffirmed the Florida rule that promissory estoppel does not create an exception to the Statute of Frauds. The Statute of Frauds, codified in Florida since 1828,
To Strike a Voluntary Dismissal
By Matthew Neff In Pino v. The Bank of New York (SC11-697), the Supreme Court decided the narrow question of whether an allegation of fraud on the court empowers a trial court to strike a properly noticed voluntary dismissal, then
Economic Loss Rule Limited to Product Liability Context
By Matthew Neff In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies Inc., (SC10-1022), the Supreme Court decided the issue of whether the economic loss rule bars an insured’s suit against an insurance broker when the parties are in
Can an Arbitration Agreement Survive a Signatory’s Death?
By George Lott In recently released Laizure v. Avante at Leesburg, Inc. (SC10-2132), the Supreme Court considered when an arbitration clause may survive the death of a party to an agreement containing such a clause. In May of 2006, Harry
No Absolute Privilege for Ex-parte, Out of Court Questioning of Potential Witnesses
By Matthew Neff In DelMonico v. Traynor (SC10-1397), decided on February 14, the Supreme Court considered whether Florida’s absolute privilege protects defamatory statements “made by an attorney during ex-parte, out-of-court questioning of a potential, nonparty witness while investigating matters connected
Graham v. Haridopolos: Control Over Tuition and Fees Was Not Vested in the Board of Governors of the State University System
In Graham v. Haridopolos (SC11-2453), the Supreme Court considered whether article IX, section 7(d) of the Florida Constitution granted the Board of Governors the power to set and spend tuition and fees under the state university system. The Petitioners in