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Month: May 2013

By Jacek Stramski / Posted onMay 30, 2013

Florida Supreme Court May Decide Whether Online Travel Companies are Subject to the Tourist Development Tax

One interesting case that the Florida Supreme Court may accept jurisdiction over is Leon County, et al. v. Expedia, Inc., et al. (SC13-838). The essential issue that the Court will have to address, if it takes the case, is whether Continue Reading …

By Jacek Stramski / Posted onMay 24, 2013

Florida Supreme Court Holds that Excessive Caseload in 11th Circuit May Warrant Prospective Rejection of Third-Degree Felony Cases by Public Defender's Office

Yesterday the Florida Supreme Court issued its much anticipated opinion in Public Defender, Eleventh Judicial Circuit of Florida, et al. v. State of Florida (SC09-1181 and SC10-1349). The 5-2 decision, authored by Justice Quince, considered issues presented from two appeals Continue Reading …

By Jacek Stramski / Posted onMay 22, 2013

The U.S. Department of Justice Argues that Undocumented Immigrant is Ineligible to be Licensed as an Attorney in Florida

On May 20, 2012, the U.S. Department of Justice (DOJ) filed an amicus curiae brief in the matter of Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants are Eligible for Admission to the Florida Bar (SC11-2568). Continue Reading …

By Jacek Stramski / Posted onMay 18, 2013

Florida Statutes Preempt Local Laws Related to Priority Status of Code Enforcement Liens

In City of Palm Bay v. Wells Fargo Bank, N.A. (SC11-830), the Florida Supreme Court held that a municipal ordinance may not establish super-priority status for municipal code enforcement liens. City of Palm Beach Ordinance 97-07 provides that liens on Continue Reading …

By Jacek Stramski / Posted onMay 18, 2013

Parental Compensation Cap in Florida's Birth-Related Neurological Injury Compensation Plan Is Upheld

Angela Samples, etc., et al., v. Florida Birth-Related Neurological Injury Compensation Association (SC10-1295) addressed the constitutionality of the limitation in s. 766.31(1)(b)1., Fla. Stat., of a single award of $100,000 to both parents entitled to compensation under the Florida Birth-Related Continue Reading …

By Jacek Stramski / Posted onMay 18, 2013

Florida Statutes of Limitations Apply to Arbitration Proceedings

In Raymond James Financial Services, Inc. v. Barbara J. Phillips, etc., et al. (SC11-2513) the Florida Supreme Court considered whether the statute of limitations of section 95.11, Fla. Stat., applicable to “civil actions and proceedings” pursuant to s. 95.011, Fla. Continue Reading …

By Jacek Stramski / Posted onMay 5, 2013

Nuclear Power Plant Preconstruction Cost Recovery and the Public Service Commission

In Southern Alliance for Clean Energy v. Graham, et al. (SC11-2465), the Florida Supreme Court considered the constitutionality of section 366.93, Florida Statutes, which authorizes the Public Services Commission (PSC) to allow a utility to recover preconstruction costs through customer Continue Reading …

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