Delivery vans photographed on a roadway.

Plaintiff’s Counsel Allowed to Take Third Deposition of Witness, Because Plaintiff was not a Party to Prior Law Suit

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 […]

Official Photograph of the Current Florida Supreme Court Justices

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 […]

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 […]