Civil Litigation

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Total Fees Costs Cases: 14

Standard Jury Instructions - Civil Cases

27 Fla. L. Weekly S555 (Fla. June 14, 2002)

2002-06-14

FEES COSTS

The Florida Supreme Court approved the following new language for jury instructions in civil cases. This instruction is intended for use with instruction 6.1e. g. Other contributing causes of damage: If you find that the defendant[s] caused a bodily injury, and that the injury resulted in [an aggravation of an existing disease or physical defect] [or] [activation of a latent disease or physical defect], you should attempt to determine what portion of (claimant

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THE FLORIDA BAR v. JORGE LUIS CUETO

27 Fla. L. Weekly S264 (Fla. Mar. 21, 2002)

2002-03-21

FEES COSTS

The supreme court disbarred an attorney who failed to report an insurance kickback scheme. The evidence established that approximately one year after being admitted to the bar, Cueto was approached by a supervising adjuster for the county who handled injury claims. The adjuster informed Cueto that his claims would be denied and his cases placed in litigation unless he agreed to pay county adjusters 10% of the gross settlement of any case in cash. Over a period of six years until his arrest in 1999, Cueto settled approximately 35 cases using this illegal kickback system.

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STEVEN GERALD DAVIS, SUNSHINE INDUSTRIES OF CORAL SPRINGS, INC. DSI TRANSPORTS, INC. and NIEVES GOMEZ v. ULYSSES COHEN and CEBRENA POITIER as co-personal representatives of the Estate of ARLETHA COGDELL WALTON and COLIN WALTON JR, as personal representati

27 Fla. L. Weekly D643 (Fla. 3d DCA Mar. 20, 2002)

2002-03-20

FEES COSTS

After a 9 day trial, the jury returned a verdict for plaintiffs and awarded significant monetary damages. Thereafter, defendants filed motions for new trial raising various errors and, as has now become customary for the losing party in almost every case, motions to interview jurors. All motions were denied.

A post-verdict investigation by the defense revealed that Mr. Coates, the jury foreman, had not been totally forthcoming when revealing his history of litigation. In fact, he failed to identify a personal injury civil suit he had filed against Metropolitan Dade County in 1991. More disturbing was the fact that he was represented in that case by the firm representing the plaintiff in the instant case. Even more amazing, was that the defendant who Mr. Coates, the juror, had sued in his 1991 lawsuit, was represented by the very same attorney who represented the defendant in the instant case.

The defendants argued that Coats

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Jain v. Green Clinic, Inc.

27 Fla. L. Weekly D872 (April 19, 2002)

2002-03-19

FEES COSTS

The Second District Court of Appeals reaffirmed rule 1.420(e), Fla. R. Civ. P., in requiring a two-step process in deciding whether a motion to dismiss for failure to prosecute is appropriate. The first step is for the moving party to show that there is no record activity for at least a one year period preceding the motion. The second step, required only if no record activity is determined during the period in question, allows the opposing party to establish a good cause for failing to meet date requirements. In the current case, the court determined that there was no record activity for a period of over one year. Then turning to the second step, the court found that there was good cause for delay by opposing counsel when they previously contacted the moving counsel and explained their troubles locating a witness. The court stressed that this courtesy rewarded opposing counsel but was considered very weak evidence by stating that "this was the proverbial close shave with the unfortunate result that a nick nearly caused a fatal loss of blood."

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