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 Continue Reading …
Alternative fee recovery clauses in attorney’s fees agreements that use an hourly rate as the other basis for payment are valid, even if the alternative fee provision would result in higher fees due to the attorney than under the hourly Continue Reading …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
By Matthew Neff In recently decided McClain v. Atwater, (SC11-1452), the Supreme Court decided whether a postconviction capital case presents extraordinary or unusual circumstances sufficient to depart from the fee caps for investigative expenses established by Florida Statutes. The Court Continue Reading …
