In Jackson v. The Shakespeare Foundation (SC11-1196), the Florida Supreme Court considered whether fraud that induced a party to enter into a contract is subject to the contract’s arbitration clause. The Court’s opinion made clear that the answer to that
In Pari Delicto and Unenforceable Contracts
In Earth Trades, Inc., et al. v. T & G Corporation, the Florida Supreme Court revisited the doctrine of in pari delicto, which generally provides that a plaintiff may not recover damages resulting from any wrongdoing that the plaintiff took
Attorney’s Fees, the Florida Deceptive and Unfair Trade Practices Act, and Offers of Judgment
In Diamond Aircraft Industries, Inc. v. Horowitch (SC11-1371), the Florida Supreme Court addressed a number of questions relating to awards of attorney’s fees, certified to the Supreme Court by the U.S. Eleventh Circuit Court of Appeals. Two questions related to
No Money, Mo’ Problems
Today the Supremes issued a per curiam opinion in In re: Certification of Need of Additional Judges addressing the need for additional judges in the state, pursuant to the Court’s duty under Art. V, Sec. 9 of the Florida Constitution.
Pump Up the Volume: Florida’s Prohibition on Excessive Amplified Noise In Vehicles Is Invalidated
Today the Florida Supreme Court issued its opinion in Florida v. Catalano, Case No. SC11-1166, which invalidated on constitutional grounds section 316.3045, Florida Statutes, the statute that prohibited excessive amplified noise generated in vehicles. The statute made it unlawful to
The Rear-end Collision Rule Gets a Tune-Up
By Damon Pichoff In the two separate opinions recently issued in Birge v. Charron and Cevallos v. Rideout (No.’s SC10-1755 and SC09 – 2238, respectively) the Florida Supreme Court fine-tuned the rusty mechanics of the ol’ Rear-End Collision Rule. The
Immunity and the Appeal of Non-final Orders, Part II
In Keck v. Eminisor the Supreme Court considered whether a non-final order denying a claim of sovereign immunity by an employee of an ‘instrumentality of the state’ for acts committed under the scope of employment could be reviewed on interlocutory
Immunity and the Appeal of Non-final Orders, Part I
In Citizens Property Insurance Corporation v. San Perdido Association, the Florida Supreme Court addressed the question of whether a non-final order can be reviewed on interlocutory appeal by the extraordinary writs of certiorari or prohibition. Following Hurricane Ivan, Citizens, a
You Can’t Touch This: Florida’s Homestead Tax Exemption
by Damon Pichoff In Garcia v. Andonie, No. SC11-553 (October 4, 2012), the Florida Supreme Court invalidated a legislative measure to restrict the availability of the Homestead Tax Exemption. David and Ana Andonie are citizens of Honduras living in Florida
Mind Your Local Lien Laws
Shands Teaching Hospital and Clinics, Inc. v. Mercury Ins. Co. of Florida (SC09-2069) provides an interesting example of a county enacting a law that the state could not. A special law applicable to one county had been enacted by the