Without a transcript of a hearing or trial, an appellate court cannot provide meaningful review of many of the issues that are disputed in an appeal. In the absence of a transcript, the appellate court cannot evaluate the sufficiency of evidence, analyze the reasoning of the trial judge, or determine if proper arguments or objections […]
Chaos was unleashed in an otherwise unremarkable case when a poorly-written order granting partial summary judgment also included language improperly suggested that the order was a final judgment. In Surijon v. Zarria (Fla. 3d DCA Sept. 4, 2019), Plaintiff filed a five count complaint against a defendant all arising from the same set of facts. […]
As reported by the Florida Bar News, Florida’s statutory interest rate is set to increase in October to a rate of 6.89 percent per annum. This is a slight increase over last quarter’s interest rate of 6.77 percent per annum. Pursuant to Section 55.03(1), Florida Statutes, Florida’s Chief Financial Officer is responsible for calculating the […]
In Clarke v. Coca-Cola Refreshments USA, Inc. (Fla. 3d DCA Sept. 4, 2019), the Third District Court of Appeal held that a Plaintiff was entitled to take a witness’s deposition, even though Plaintiff’s counsel had already taken two lengthy depositions of the witness in a previous action brought by other plaintiffs. In this case, a […]
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 […]
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 […]