Judge reading opinion from the bench.

A New Order That Is Materially The Same As A Prior Order Does Not Open A New Window To File An Appeal

In Arch Insurance Co. v. Lender Processing Services, Inc. (Fla. 1st DCA Aug. 29, 2019), the First District Court of Appeal rejected a party’s attempt to appeal a previously-rendered order by obtaining a new order on the same motion. In 2016, the trial court entered an order ruling that there was no valid settlement agreement […]

Courtroom scene with lawyer arguing before jury.

Jury Selection: Odd Facts Lead to Rare Case Where Cause Challenge to a Juror Is Preserved Without a Final Objection to the Jury Panel and Without a Request for Additional Peremptory Challenges

In Sanchez v. GEICO Indem. Co. (Fla. 1st DCA July 22, 2019), an unusual series of events caused a juror to be improperly included on a panel. The First DCA affirmed the trial court’s granting of a new trial, despite the fact that the party opposing the juror did not make a final objection to […]

Construction worker working on a wood frame of a building under construction, with ladder nearby.

Construction Law: Because Attic Ladder is an Improvement To Real Property, Statute of Repose Applies

In Harrell v. The Ryland Group (Fla. 1st DCA Aug. 13, 2019), a homeowner was injured when an attic ladder collapsed underneath him. The homeowner sued the builder, alleging that the builder was negligent in its installation of the ladder. The builder moved for summary judgment, arguing that the homeowner’s claim was barred by the […]