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By Jacek Stramski / Posted onSeptember 26, 2014

Fencing and Thieving Part II: Vacating Judgments in Cases of Theft and Dealing in Stolen Property

Kristen Larson In Anucinski v. State (SC12-1281), the Florida Supreme Court held that in cases where the trial court has erred and adjudicated a defendant guilty of both theft and dealing in stolen property in connection with one scheme or Continue Reading …

By Jacek Stramski / Posted onSeptember 23, 2014

Florida Virtual School has Real Authority to Enforce Trademarks

Jacek Stramski In Florida Virtual School v. K12, Inc. (SC13-1934), the Florida Supreme Court held that the Florida Virtual School (“FVS”) has standing to sue to enforce its trademark even though the Florida Statutes provide that the trademark is owned Continue Reading …

By Jacek Stramski / Posted onJuly 28, 2014

Arbitration Awards and Judicial Review of Contracts for Illegality

By Jacek Stramski In Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc. (SC11-2468), the Florida Supreme Court held that courts cannot review, or refuse to enforce, an arbitration award based on a claim of contract illegality. A Continue Reading …

By Jacek Stramski / Posted onJune 14, 2014

Court Rules on Local Red-light Camera Ordinances

By Jacek Stramski The Supreme Court’s joint opinion issued Thursday in Masone v City of Aventura (SC12-644) and City of Orlando v. Udowychenko (SC12-1471) invalidated the municipal red light traffic camera enforcement systems set up by ordinance in those cities. Continue Reading …

By Jacek Stramski / Posted onJune 2, 2014

Attorney's Fees in Extraordinary Writ Proceedings

By Jacek Stramski Last week the Supreme Court clarified the procedure available to a party who wishes to seek attorney’s fees in an original writs proceeding at the appellate level. The decision, issued in Advanced Chiropractic and Rehabilitation Center Corp. Continue Reading …

By Jacek Stramski / Posted onMay 23, 2014

Court Clarifies Standard of Proof in Civil Proceedings that Involve Monetary Penalties

By Jacek Stramski Today the Florida Supreme Court unanimously clarified that where the Legislature authorizes a state agency to impose a civil penalty in a court of competent jurisdiction, the agency’s burden of proof is a preponderance of the evidence Continue Reading …

By Jacek Stramski / Posted onApril 17, 2014

Florida Supreme Court Holds that Pregnancy Discrimination is Prohibited Under State Law

The Florida Supreme Court held today in Delva v. Continental Group, Inc. (SC12-2315), that the Florida Civil Rights Act (FCRA), sections 760.01-760.11, Fla. Stat., which in part prohibits discrimination in employment on the basis of sex, encompasses discrimination on the Continue Reading …

By Jacek Stramski / Posted onApril 15, 2014

Vicarious Liability and the Beneficial Ownership Exception to the Dangerous Instrumentality Doctrine

By Jacek Stramski It’s 6:00PM. Do you know where the cars titled in your name are? On April 10, the Florida Supreme Court issued an opinion addressing the beneficial ownership exception to the dangerous instrumentality doctrine, which provides an exception Continue Reading …

By Jacek Stramski / Posted onApril 10, 2014

Florida Supreme Court Considers Procedural Due Process of State's Involuntary Commitment System

By Jacek Stramski National attention is focusing on the lack of adequate public mental health services, which has turned the criminal justice system into the repository for individuals with mental health problems. The New York Times covered the issue recently, Continue Reading …

By Jacek Stramski / Posted onApril 8, 2014

Retroactive Application of the Miller Rule to Juvenile Life Without Parole Sentences

By Herron Bond In Falcon v. State (SC13-865), argued on March 6, 2014 (oral arguments available here), the Supreme Court of Florida considered a motion for post-conviction relief about whether to allow individualized sentencing for a 15 year old who Continue Reading …

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