Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This was the trial court’s analogy, rejected by a unanimous panel of the Fourth District Court of Appeal on case brought by Scott J. Edwards, P.A. and co-counsel Sajdera Kim, PLLC. Our clients are homeowners in a residential […]
In a one-page order issued today, the Florida Supreme Court has ruled that three vacancies that will occur on the court in January will be filled by the incoming governor elected in November. The Florida constitution requires mandatory retirement for justices after they attain the age of seventy years, with the exception that justices over […]
In a recent opinion, the Florida Supreme Court held that proposals for settlement were not ambiguous despite failing to address separate claims brought against codefendants. With its holding, the majority opinion reiterated its policy of discouraging the “nitpicking” of proposals for settlement, and expressed the court’s continued frustration that proposals for settlement seem to create […]
The Fourth District Court of Appeal reversed a jury verdict for an insured in an action on a homeowner’s insurance policy in Citizens Prop. Ins. Co. v. Mendoza (Fla. 4th DCA Jul. 5, 2018). The insured sued his insurer for breach of contract arising from a water heater leak. The insurer denied the claim, arguing […]
In today’s connected society, many relationships and transactions cross state and national boundaries. Thus, the question of whether Florida courts have jurisdiction over an action can frequently be unclear, especially in instances where conduct occurs over the internet. This article examines the extent to which out-of-state torts committed via the internet can confer personal jurisdiction […]
Scott J. Edwards is an appellate and litigation attorney located in Boca Raton, Florida. Contact me today at 561-609-0760 or scott@scottjedwards.com. Click here to learn more about Scott J. Edwards. Click here for information on Appellate Law services. Click here for information on Legal Research, Writing, and Litigation & Trial Support Services for Attorneys.
Update: In 2019, the Florida Supreme Court issued its opinion in Wheaton v. Wheaton, resolving the district split discussed in this article. The Florida Supreme Court held that a proposal for settlement is not invalid for failure to strictly comply with the Florida Rules of Judicial Administration governing service by email. Proposals for settlement in […]
How To Improve Your Legal Writing By Eliminating Archaic Phrasing Many lawyers are guilty of using excessive legalese in their legal writing. Words and phrases that have long fallen out of fashion in everyday usage nonetheless remain common in the law. There are many reasons for this: some writers think legalese sounds more “lawyerly” or […]
Scott J. Edwards, P.A. brings you this summary of selected recent opinions issued by Florida’s appellate courts, with a focus on opinions discussing civil procedure, appellate procedure, trial practice, evidence, commercial litigation, insurance litigation, technology, and personal injury litigation. Click here to learn more about Scott Edwards’ appellate law services. Multi-Million Dollar Tobacco Verdict Reversed Due To Improper […]
Scott J. Edwards, P.A. brings you this summary of selected recent opinions issued by Florida’s appellate courts, with a focus on opinions discussing civil procedure, appellate procedure, trial practice, evidence, commercial litigation, insurance litigation, technology, and personal injury litigation. This article covers the weeks of July 11-22, 2016. Click here to learn more about Scott Edwards’ appellate law services. […]