Jacek Stramski| On December 22, 2014, the Supreme Court addressed a holiday wish list to the Legislature pursuant to its constitutional duty to provide an annual report on the need for additional judges. In re: Certification of Need for Additional
Do Civil Appeal Harmless Error Findings Require Special Consideration?
Kristen Larson | In Special v. West Boca Medical Center (SC11-2511), the Florida Supreme Court held that the Fourth District Court of Appeal erred in ruling that an error which “more likely than not” did not contribute to the verdict
Court Orders Release of Documents in Redistricting Case
John Koeppel | On November 13, the Florida Supreme Court affirmed a trial court ruling which ordered Data Targeting, Inc., its president Pat Bainter, and others (collectively, “non-parties” or “Bainter”) to produce 538 pages of documents subpoenaed in a challenge
When is a Suspicion Founded Sufficiently to Support a Detention?
Kristen Larson Earlier this month the Florida Supreme Court heard Williams v. State. (SC13-2315). The central issue in this case is whether the Fourth District Court of Appeals erred in affirming the trial court’s admission of evidence that was obtained
Court Amends Florida Rules of Appellate Procedure
Jacek Stramski On November 6, the Florida Supreme Court adopted changes to a number of the Florida Rules of Appellate Procedure. In re: Amendments to the Florida Rules of Appellate Procedure (SC14-227). Some changes of note: Rule 9.020(i) was amended
Supreme Court Focuses on Judicial Discipline
Jacek Stramski The last two weeks saw the Florida Supreme Court mete out discipline in two high profile cases involving judicial misconduct. In Inquiry Concerning A Judge Re: Susan B. Flood (SC13-344), the Supreme Court adopted the recommendation of the
Do Statutory Prevailing Party Attorney Fees Apply in Lawsuits Under Local Law Pension Plans?
Regina Keenan The Florida Supreme Court in Board of Trustees of the City Pension Fund for Firefighters & Police Officers in the City of Tampa v. Parker (SC 12-890) held that parties that prevail on claims for benefits under local
The Constitutionality Of Law Enforcement’s Use Of Cell Phone Data To Track Suspects
Kristen Larson and Regina Keenan In Tracey v. State (SC11-2254), the Florida Supreme Court held that a trial court erred in admitting evidence obtained from real time cell site location tracking which was not authorized by a court order, and
Supreme Court Addresses Uninsured Motorist Insurance and Stacking Coverage
John Koeppel On Thursday the Florida Supreme Court reversed a decision by the First District Court of Appeal regarding uninsured motorist (UM) insurance, Travelers Commercial Ins. Co. v. Harrington, 86 So. 3d 1274 (Fla. 1st DCA 2012), and held that
State is Generally not Entitled to Judicial Review of Orders Terminating Probation
John Koeppel On October 16, the Court issued a ruling in a controversial case involving a notorious former school teacher who was charged with two counts of lewd or lascivious battery under section 800.04(4)(a), Fla. Stat. (2003), for committing sexual