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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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In Foreclosure Cases, No Attorney’s Fee Awards for Borrowers Who Successfully Challenge the Lender’s Standing

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 […]

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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 […]