Jacek Stramski In Florida Virtual School v. K12, Inc. (SC13-1934), the Florida Supreme Court held that the Florida Virtual School (“FVS”) has standing to sue to enforce its trademark even though the Florida Statutes provide that the trademark is owned
Arbitration Awards and Judicial Review of Contracts for Illegality
By Jacek Stramski In Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc. (SC11-2468), the Florida Supreme Court held that courts cannot review, or refuse to enforce, an arbitration award based on a claim of contract illegality. A
Court Rules on Local Red-light Camera Ordinances
By Jacek Stramski The Supreme Court’s joint opinion issued Thursday in Masone v City of Aventura (SC12-644) and City of Orlando v. Udowychenko (SC12-1471) invalidated the municipal red light traffic camera enforcement systems set up by ordinance in those cities.
Attorney’s Fees in Extraordinary Writ Proceedings
By Jacek Stramski Last week the Supreme Court clarified the procedure available to a party who wishes to seek attorney’s fees in an original writs proceeding at the appellate level. The decision, issued in Advanced Chiropractic and Rehabilitation Center Corp.
Court Clarifies Standard of Proof in Civil Proceedings that Involve Monetary Penalties
By Jacek Stramski Today the Florida Supreme Court unanimously clarified that where the Legislature authorizes a state agency to impose a civil penalty in a court of competent jurisdiction, the agency’s burden of proof is a preponderance of the evidence
Florida Supreme Court Holds that Pregnancy Discrimination is Prohibited Under State Law
The Florida Supreme Court held today in Delva v. Continental Group, Inc. (SC12-2315), that the Florida Civil Rights Act (FCRA), sections 760.01-760.11, Fla. Stat., which in part prohibits discrimination in employment on the basis of sex, encompasses discrimination on the
Vicarious Liability and the Beneficial Ownership Exception to the Dangerous Instrumentality Doctrine
By Jacek Stramski It’s 6:00PM. Do you know where the cars titled in your name are? On April 10, the Florida Supreme Court issued an opinion addressing the beneficial ownership exception to the dangerous instrumentality doctrine, which provides an exception
Florida Supreme Court Considers Procedural Due Process of State’s Involuntary Commitment System
By Jacek Stramski National attention is focusing on the lack of adequate public mental health services, which has turned the criminal justice system into the repository for individuals with mental health problems. The New York Times covered the issue recently,
Retroactive Application of the Miller Rule to Juvenile Life Without Parole Sentences
By Herron Bond In Falcon v. State (SC13-865), argued on March 6, 2014 (oral arguments available here), the Supreme Court of Florida considered a motion for post-conviction relief about whether to allow individualized sentencing for a 15 year old who
E-Zer Said than Done: Court Considers Will Prepared With Commercially Available Form
By Jacek Stramski The Supreme Court’s decision in Aldrich v. Basile (SC11-2147), issued last week, provides the latest example of how using a commercial form to prepare a will can turn out to be much more expensive in the long