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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 […]

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Even With Clear Video Evidence, Summary Judgment Not Available If Video Contradicted By Witness Testimony

In Lopez v. Wilsonart (Fla. 5th DCA Jul 12, 2019), the Fifth DCA held that a trial court erred by granting summary judgment based upon video evidence. A question of fact existed because an eyewitness’s testimony differed from the video, even though the video completely contradicted an eyewitness’s testimony about the facts of the incident. […]

Florida Litigation Appellate Opinions: Daubert’s Not Dead Yet… (Dec. 7-18, 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 weeks of December 7-18, 2015.  Click here to learn more about Scott […]

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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. […]