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Florida Supreme Court Strikes Fresh Blow Against Nitpicking Proposals For Settlement

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 Latest Proposal for Settlement Trap – District Split on Email Service

Proposals for settlement in Florida are notorious for their numerous procedural traps. The drafters of the proposal for settlement rules intended them as a procedural device to encourage parties to settle claims without going to trial. Aspen v. Bayless, 564 So. 2d 1081, 1083 (Fla. 1990). In practice, however, the rules have significantly increased litigation, spawning […]

What happens to the record if the court reporter dies? (Florida Litigation Appellate Opinions, June 20-July 1, 2016)

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 June 20-July 1, 2016.  Click here to learn more about Scott Edwards’ appellate law […]

All About Experts – Florida Litigation Appellate Opinions, May 23-June 3, 2016

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, 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 May 23-June 3, 2016.  Click here to learn more […]

Multimillion Dollar Claim for Lost Profits Affirmed (Florida Litigation Appellate Opinions, May 16-20, 2016)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, 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 week of May 16-20, 2016.  Click here to learn more about […]

Broken Arm X-Ray

Florida Supreme Court Declares Worker’s Compensation Attorney Fee Caps Unconstitutional

In the long-awaited opinion in Castellanos v. Next Door Co. (Fla. Apr. 28, 2016), the Florida Supreme Court held in a 5-2 decision that Florida’s Worker’s Compensation Statutes, which set a mandatory fee schedule for claimants’ attorneys, are facially unconstitutional. Most recently amended in 2009, Florida’s Worker’s Compensation statutes mandate a sliding scale for fee awards to […]

Rise of The Procedural Decisions: Florida Litigation Appellate Opinions (February 8-19, 2016)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, 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 February 8-19, 2016.  Click here to learn more about […]

Sheriff Not Liable For Damages Due to Failure to Corral Horse (Florida Litigation Appellate Opinions (February 1-5, 2016)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, 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 week of February 1-5, 2016.  Click here to learn more about […]

Expert Witness Can’t Change Testimony to Avoid Summary Judgment, and Fabre Defense Dirty Tricks (Florida Litigation Appellate Opinions, January 24-29, 2016)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, 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 week of January 24-29, 2016.  Click here to learn more about […]

Florida Litigation Appellate Opinions: First Amendment Victory for Florida Newspaper, and Strict Compliance Required For Proposals for Settlement (January 11-22, 2016)

Every week, Scott J. Edwards, P.A. brings you this summary of selected opinions issued by Florida’s appellate courts in the previous week, 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 January 11-22, 2016.  Click here to learn more about […]