By Herron Bond Earlier this month the Supreme Court of Florida heard arguments in Burns v. Palms West Hospital (SC12-1387), a dispute revolving around claims for administrative negligence brought against a hospital for continuing to retain physicians who had previously
Florida’s Relation Back Doctrine and Third-Party Defendants
By Jacek Stramski In Caduceus Properties, LLC v. Graney (SC12-1474), decided in late February, the Supreme Court clarified that “an amended complaint, naming a third-party defendant as a party defendant, relates back to the filing of the third-party complaint” for
Court Rules that Undocumented Immigrants are Not Eligible for Admission to the Florida Bar
In Florida Board of Bar Examiners Re Question as to Whether Undocumented Immigrants are Eligible for Admission to the Florida Bar (SC11-2568), the Florida Supreme Court decided in a unanimous per curiam decision that undocumented immigrants are not eligible for
This Week’s Oral Arguments: Hearsay, Audio Recordings, and Medical Malpractice Issues
By Scott Kalish On Thursday the Court will hear oral argument in McDade vs. State, SC13-1248 on evidentiary issues that arose from Mr. McDade’s trial and subsequent conviction for sexual battery of his step-daughter. Mr. McDade appealed, arguing that the
Constitutional Challenge to Workers’ Compensation Statute Pending Before the Court
By Herron Bond The Supreme Court of Florida has accepted discretionary jurisdiction to resolve constitutional challenges to the First District Court of Appeal’s en banc ruling in Westphal v. City of St. Petersburg, 122 So. 3d 440 (Fla. 1st DCA
Court Resolves Insurance Dispute Stemming from Self-Insured Retention Clause
By Herron Bond In Intervest Construction v. General Fidelity Insurance (SC11-2320), the Supreme Court of Florida resolved a dispute over a self-insured retention (SIR) endorsement and subrogation clause found in a general liability insurance policy held by ICI Homes, Inc.
Second-Tier Certiorari Review of a Parole Commission Decision
By Scott Kalish In Florida Parole Commission v. Taylor (SC11-2460), the Supreme Court of Florida considered the standard under which a Florida District Court of Appeal (DCA) may review a petition for certiorari stemming from a circuit courts’ review of
Timely Justice Act Among Issues to be Heard at February Supreme Court Oral Arguments
By Jacek Stramski February’s oral arguments will see at least one very high profile case heard by justices. On Tuesday, February 4, the Supreme Court will hear arguments in Abdool v. Bondi (SC13-1123), which is a challenge to the Timely
Court Clarifies Developers’ Escrow Obligations Under the Condominium Act
By Herron Bond Last week the Supreme Court of Florida released its opinion in North Carillon v. CRC 603 (SC12-75), holding that a developer’s failure to maintain separate escrow accounts for a buyer’s deposits did not make contracts for the
Medical Marijuana Amendment Approved for the Ballot
By Jacek Stramski In a narrow 4-3 decision, the Florida Supreme Court today held that a proposed ballot initiative that would legalize medical marijuana in the state addressed a single subject, and that the amendment title and summary were not