Delivery vans photographed on a roadway.

Plaintiff’s Counsel Allowed to Take Third Deposition of Witness, Because Plaintiff was not a Party to Prior Law Suit

In Clarke v. Coca-Cola Refreshments USA, Inc. (Fla. 3d DCA Sept. 4, 2019), the Third District Court of Appeal held that a Plaintiff was entitled to take a witness’s deposition, even though Plaintiff’s counsel had already taken two lengthy depositions of the witness in a previous action brought by other plaintiffs. In this case, a […]

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Florida Supreme Court Denies Motions For Rehearing on Daubert Adoption

Earlier this year, the Florida Supreme Court issued a surprise decision adopting the Daubert evidentiary standard for the admission of expert witness testimony. Although the legislature had passed legislation adopting the Daubert standard, the Florida Supreme Court as previously composed rejected the legislation to the extent it was procedural, and later ruled that the Daubert […]

Judge reading opinion from the bench.

A New Order That Is Materially The Same As A Prior Order Does Not Open A New Window To File An Appeal

In Arch Insurance Co. v. Lender Processing Services, Inc. (Fla. 1st DCA Aug. 29, 2019), the First District Court of Appeal rejected a party’s attempt to appeal a previously-rendered order by obtaining a new order on the same motion. In 2016, the trial court entered an order ruling that there was no valid settlement agreement […]

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In Foreclosure Cases, No Attorney’s Fee Awards for Borrowers Who Successfully Challenge the Lender’s Standing

In Hopson v. Deutsche Bank Nat’l Trust Co (Fla. 2d DCA Aug. 28, 2019), the Second DCA held that a borrower that successfully challenges a lender’s standing to bring a foreclosure action cannot also recover contractual attorney’s fees. In the trial court, the borrower successfully argued that Deutsche Bank was not the true party in […]

Judge reading opinion from the bench.

Order Compelling Discovery From Non-Party Attorney Reversed Because Trial Court Did Not Properly Assess Attorney’s Privilege Claim

In Varela v. OLA Condominium Ass’n, Inc. (Fla. 3d DCA Aug. 21, 2019), a condominium association subpoenaed a nonparty attorney to appear for deposition in the case, and produce numerous documents related to various corporate entities. The attorney filed a motion for protective order, claiming that the subpoena requested documents protected by the attorney-client privilege. […]