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
Have Justices Lewis, Pariente, and Quince Properly Retained Their Seats on the Florida Supreme Court?
In spite of each of the Justices winning the retention vote on November 6 with approximately 68% in favor as opposed to 32% against, at least one Florida taxpayer, the Petitioner in Jones v. Detzner, believes the answer to 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
A High Profile Week for the Florida Supreme Court
It is probably safe to say that any case that has made its way to the Florida Supreme Court is a significant one. It has been a while, however, since one week of oral arguments scheduled before the Court involved
Can Courts Determine Whether Politicians are Ensuring that Florida Schools Allow Access to a High Quality Education?
The Supreme Court recently ruled in Haridopolos v. Citizens for Strong Schools, Inc. that a trial to determine precisely those questions can go forward. The case history, which follows, demonstrates just how contentious this case is likely to be. In
Retirement and Cigarettes – Back to Work After Labor Day
After what one can only imagine was a Labor Day weekend filled with fun, sun, and insane games of beer pong, the Florida Supreme Court has come roaring back from its summer break. Up on the oral arguments calendar for