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 […]

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 […]

Litigating Away in Margaritaville: Florida Litigation Appellate Opinions, December 21-31, 2015

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, and personal injury litigation.  This article covers the weeks of December 21-31, 2015.  Click here to learn more about Scott […]

Florida Litigation Appellate Opinions: Banks are not liable for customer suicides, a personal injury case dismissed for a plaintiff’s false testimony, and insurance attorney fee issues (Week of November 16-20, 2015)

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, and personal injury litigation.  This article covers the week of November 16-20, 2015. Click here to learn more about Scott Edwards’ […]

Florida Litigation Appellate Opinions: Discovery Sanctions, Tobacco Litigation, Subsequent Accidents, and Ambiguous Orders (Week of November 2-6, 2015)

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, and personal injury litigation.  This article covers the week of November 2-6, 2015. Click here to learn more […]

Florida Litigation Appellate Opinions: Landmark Supreme Court Ruling on the Collateral Source Rule (Week of October 12-16)

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, and personal injury litigation.  This article covers the week of October 12-16, 2015. Click here to learn […]

Florida Litigation Appellate Opinions: Chinese Drywall and More (Week of September 21-25, 2015)

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, and personal injury litigation.  This article covers the week of September 21-25, 2015. Insurance Coverage & Chinese Drywall Peek […]

Florida Civil Litigation Appellate Opinions: Voidable Default Judgments, Work Product Privilege, And More (Week of September 14-18, 2015)

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, and personal injury litigation.  This article covers the week of September 14-18, 2015. Voidable Default Judgments Bank of N.Y. […]