By Herron Bond Today the Florida Supreme Court heard arguments in Bowen v. Christensen (SC12-2078), about whether, as a matter of law, a holder of legal title who has not transferred his or her interest in a vehicle by sale
September’s Packed Oral Argument Schedule at the Florida Supreme Court
This week has one of the busiest oral argument schedules for the Florida Supreme Court this year, with the Court hearing several cases that are likely to set important precedents in various areas of law. Here are some selected cases.
Florida Supreme Court Accepts Jurisdiction Over Online Travel Company Tourist Development Tax Dispute
The Florida Supreme Court issued an order on Tuesday accepting jurisdiction in Alachua County, et al. v. Expedia, Inc., et al. (SC13-838). The central issue in the case is whether online travel companies such as Expedia and Hotels.com are required
Legal Conclusions Supporting an Order to Grant a New Trial are Entitled to Little Deference, Rules the Supreme Court
In Van v. Schmidt (SC11-1467), the Florida Supreme Court clarified the applicable standards and remedies available to an appellate court when reviewing a trial court’s order to grant a new trial on the grounds that the jury verdict was contrary
Fencing and Thieving: Jury Instructions in Cases of Theft and Dealing in Stolen Property
The Florida Supreme Court returned from its summer recess and on Thursday clarified the application of section 812.025, Fla. Stat., which provides that if a criminal defendant is charged with both theft and dealing in stolen property in connection with
Florida Death Row Inmates Challenge the Validity of the Timely Justice Act
By Dwight Slater and Jacek Stramski On Wednesday, June 26, 2013, nearly 200 of Florida’s death-row inmates (“Petitioners”) filed an emergency petition asking the Court to declare certain provisions of the Timely Justice Act of 2013, Ch. 2013-216, Laws of
Florida Supreme Court Rejects the Legislature’s Bid to Halt Redistricting Lawsuit
By Dwight Slater In a thirty-four page opinion released today, the Florida Supreme Court rejected every argument advanced by the Legislature in its effort to stop a lawsuit brought by the League of Women Voters, et al., challenging its 2012
A Denial of a Claim of Sovereign Immunity in Tort Suits is Generally Not Reviewable by Certiorari
Recently the Florida Supreme Court clarified that an order denying a government entity’s claim of sovereign immunity in tort suits generally cannot be reviewed by a petition for a writ of certiorari. The opinion, issued in Rodriguez v. Miami-Dade County
When Medical Malpractice Arbitration Agreements May Violate Public Policy
In Franks, etc. v. Bowers, et al. (SC11-1258), the Florida Supreme Court found that an agreement for the arbitration of medical malpractice claims that does not contain the statutory reciprocal incentives for arbitration provided in certain provisions in the Medical
The Deference Afforded to a Plaintiff’s Choice of Forum in Florida is Not Limited to Florida Residents
On June 20, 2013, the Florida Supreme Court issued its opinion in Cortez v. Palace Resorts, Inc., et al. (SC11-1908), where it considered whether the forum non conveniens doctrine was properly applied in a lawsuit brought in Florida by a