Civil Litigation
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Total Judgment Cases: 22
The amendments proposed by the committee are: (1) a new instruction MI 8.1 on negligent supply of false information under section 552 of the Restatement (Second) of Torts (1977), with minor modifications to instruction MI 8 on fraudulent and negligent misrepresentation. The word
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The Third District Court of Appeal found that the trial court appropriately directed a verdict in favor of the defendant/landlord where the evidence showed that he was not in possession of the property at the time of the plaintiff
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When an employment contract, which is repudiated, is unclear as to whether an employee is to receive commissions, it is too speculative for a jury to compensate that employee for any loss of future unearned commissions. Lost profits must be "proven to a reasonable degree of certainty" in order to be an appropriate measure for damages in a breach of contract. Damages for lost profits are inappropriate when they are contingent on the employer
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Anderson v. King
27 Fla. L. Weekly D1394 (Fla. 2nd DCA June 21, 2002)
2002-06-21
JUDGMENT
Pursuant to
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Anderson v. King
27 Fla. L. Weekly D1394 (Fla. 2nd DCA June 21, 2002)
2002-06-21
JUDGMENT
Pursuant to
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The Second District Court of Appeal affirmed the trial court
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Court below erred by ordering the defendant to subpoena for deposition, officers, directors, managing agent of a party, or the party
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Plaintiffs are generally required to be deposed in the forum where the action is taking place. The purpose of this rule is so not to hale defendants into foreign jurisdictions when they are not the ones seeking affirmative relief.
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The court held as a general rule that disqualification of counsel under Disciplinary Rule 4-4.2 is extraordinary relief and is not presumptively required. Furthermore, violations should be remedied in less drastic ways and disqualification
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A court may only order parties to an action to produce discovery materials such as claim files and privilege logs.
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In order to meet the burden of establishing that particular documents are protected under the work product privilege or attorney-client privilege, the specific documents should be included in a privilege log. Furthermore, courts should not request disclosure of privileged information without first conducting an in-camera inspection. In this case, a privileged log was not presented and the claimed privileged information pertained to an interrogatory question requesting all names and addresses of other PIP claimants who were advised that a healthcare provider must arbitrate directly with the plaintiff. The court did not find that the information requested was pertinent to the present case.
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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.
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Appellant, insured under an Allstate Indemnity Company insurance policy, sued Allstate when it refused to pay the full amount of his medical bills resulting from an automobile accident. Allstate argued that because the appellant had not been sued by the medical providers, he had suffered no damage. The circuit court agreed and granted summary judgment. The Second District Court of Appeal adopted the reasoning of Kaklamanos v. Allstate Insurance Co., 796 So.2d 555 (Fla. 1st DCA 2001), and reversed the summary judgment. The Kaklamanos court found that an insured could be damaged by an insurance company
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The Supreme Court of Florida determined that there was no error in the denial of a motion for attorney
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It was error to deny a motion for attorney
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In an en banc decision, the Fifth DCA held that there was no authorization for the use of contingency risk multipliers when calculating attorney
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It was error for the court to deny a motion for attorney
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Plaintiff brought suit individually and as the best friend of her minor son. The appellate court reversed the award of attorney
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Florida
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Defendant offered to settle the lawsuit for $20,000 under the condition that the parties exchange mutual insurer releases and that neither the plaintiff, nor any firm associated with the plaintiff would bring any future action against the defendant or anyone associated with him. Plaintiff declined the offer. Judgment was entered for defendant, and defendant moved for attorney
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Largen v. Gonzalez
26 Fla. L. Weekly D2526 (Fla. 5th DCA Oct. 19, 2001)
2001-10-19
JUDGMENT
This appeal involved the denial of the appellant
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The court found that there was no error in awarding attorney
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