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 […]
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 […]
In Miccosukee Tribe of Indians of Florida v. Lewis Tein, P.L. (Fla. 3d DCA August 14, 2019), a nominal proposal for settlement was upheld because the party making the proposal had a good-faith basis for concluding that its exposure was minimal. The underlying case involved a convoluted saga between the Miccosukee Tribe and its former […]
Scott J Edwards, P.A. provides monthly case updates on Florida appellate court decisions, with a focus on cases relevant to civil litigation matters. Expert Witness Opinion Testimony In re Amendments to the Florida Evidence Code (Fla. May 23, 2019) In a sua sponte ruling, the Florida Supreme Court revisited the court’s prior decisions reaffirming that […]
Scott J Edwards, P.A. provides monthly case updates on Florida appellate court decisions, with a focus on cases relevant to civil litigation matters. This month, we begin with a review of changes at the Florida Supreme Court following the appointment of three new justices in January 2019. Then, our Case of the Week examines a […]
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 […]
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 […]
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 […]
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 […]
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 […]