By Jacek Stramski The Florida Supreme Court this week (SC12-2007 and SC12-2030) adopted several rule changes to the Rules of Judicial Administration and the Family Law Rules of Procedure in furtherance of its long-standing goal of establishing a “a fully
Recap of the First Week of 2014
By Jacek Stramski The Supreme Court finished off its first full week of 2014 with an expectedly light serving of opinions issued on January 9. In Johnson v. State (SC 12-1204), the Court unanimously denied the motion for post-conviction relief
Justice Delayed – Supreme Court Certifies Need for Additional Judges in Florida
By Jacek Stramski On December 19, 2013, the Florida Supreme Court fulfilled its constitutional duty under Article V, section 9 of the Florida Constitution, and issued its determination regarding the need for additional judges. In Re: Certification of Need for
Florida Supreme Court May Review Extension of Limited Sovereign Immunity to the UCF Athletics Association in Case Related to Football Player’s Death
By Herron Bond Pending before the Florida Supreme Court in Plancher v. University of Central Florida Athletics Association, Inc. (SC13-1872) is an appeal seeking discretionary review of the Fifth DCA’s rulings (Case Nos. 5D11-4253 and 5D12-454 and 5D11-2710) which found
Florida Supreme Court Considers Whether Pregnancy Discrimination is Prohibited as a Form of Sex Discrimination Under State Law
By Ashtin Henninger UPDATE: The Court has issued its opinion in this case. It is discussed here. In Delva v. The Continental Group, Inc. (SC12-2315), argued on November 7, 2013, the Florida Supreme Court heard arguments about whether the Florida
Amendments to the Florida Rules of Judicial Administration Address E-Filing and Electronic Service of Pleadings
By Scott Kalish This past Thursday the Florida Supreme Court issued amendments to the Florida Rules of Judicial Administration, which have taken effect immediately. The amendments modified the rules governing the signature of attorneys and parties, service of pleadings and
Florida Supreme Court Strikes Down Subpoenas Issued in Criminal Case to Florida Agent for Out-of-State Corporation
By Herron Bond In Ulloa v. CMI, Inc. (SC11-2291), the Florida Supreme Court considered whether a state court has the authority to compel a nonparty, out-of-state corporation to produce materials in a criminal case by issuing a subpoena to that
Tamarac Mayor’s Bribery Case May be Considered by the Florida Supreme Court
By Scott Kalish Recently filed at the Supreme Court is an appeal that may address Florida’s anti-bribery laws. The parties have so far filed briefs on jurisdiction. Flansbaum-Talabisco v. State (SC13-1988). In 2011, the State of Florida charged Mayor Talabisco
Florida Supreme Court Recognizes Parental Rights of Same-Sex Couples Who Use Assisted Reproductive Technologies
By Jacek Stramski In a landmark 4-3 opinion relating to same-sex parental rights in Florida issued today in D.M.T. v. T.M.H. (SC12-261), the Supreme Court invalidated sections 742.13 and 742.14, Fla. Stat., to the extent that they do not protect
Do Florida Stand Your Ground Laws Provide Immunity to Defendants Engaged in Unlawful Activity at the Time of Self-Defense?
By Jacek Stramski The latest twist in the bizarre saga that has been Florida’s Stand Your Ground Law may soon unfold at the Florida Supreme Court. The issue that has been presented to the Court, which has not yet accepted