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Are Big Changes Ahead For Florida’s Summary Judgment Standard?

On October 8th, the Florida Supreme Court will hear oral argument on the case of Wilsonart, LLC v. Lopez. In accepting review of the case, the Florida Supreme Court requested that the parties brief the question of whether Florida should adopt the Federal summary judgment standard. Under Florida’s current summary judgment standard, the party moving […]

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Attorneys Representing Themselves Are Entitled To Seek Attorney’s Fees For Their Own Work

In Nunez v. Allen (Fla. 5th DCA Oct. 11, 2019), the Fifth District Court of Appeal held that an attorney representing himself is entitled to an award of his own attorney’s fees pursuant to a proposal for settlement. However, the attorney’s legal fees must reflect time reasonably spent on actual legal services, and must not […]

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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 […]