Search for: "Amendment to the Florida Rules of Appellate Procedure"
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13 Sep 2016, 9:20 am
The most recent appellate opinion interpreted the state procedural rules to allow the plaintiff’s claim to proceed against the actual driver of the other vehicle involved in the accident because the plaintiff was reasonably mistaken as to who was in control of the vehicle at the time of the crash. [read post]
31 Aug 2016, 11:19 am
” Quoting the Florida Supreme Court, the Iowa Court noted, "It is unreasonable to subject an owner to a 'reasonable care' test against someone who isn't supposed to be there and about whom he does not know. [read post]
19 Aug 2016, 1:02 pm
This rule is part of our ‘deep-rooted historic tradition that everyone should have his own day in court. [read post]
8 Aug 2016, 9:38 am
State Supreme Court Rules in Favor of Medical Malpractice Plaintiff’s Attempt to Extend Statute of Limitations, South Florida Personal Injury Lawyers Blog, published July 15, 2016. [read post]
3 Aug 2016, 6:50 am
Though “sympathetic” to the argument that the ordinance violated appellants’ due-process rights under the Fourteenth Amendment, the panel felt “constrained by [its] prior precedent” and “obligated to follow it even though convinced it is wrong. [read post]
1 Aug 2016, 7:53 am
In other words, according to the Florida Bar’s white paper, “the categories of evidence permitted are ‘summary judgment evidence’ (as defined in Florida Rule of Civil Procedure 1.510(c))” as well as “live witness testimony. [read post]
8 Jul 2016, 9:55 am
State Supreme Court Rules that Post-Mortem Misconduct by Doctor Is Medical Malpractice, Reverses Damages Award, South Florida Personal Injury Lawyers Blog, published June 13, 2016. [read post]
30 Jun 2016, 9:01 pm
While Texas raised the “take care” issue, neither the district nor appellate courts addressed it. [read post]
21 Jun 2016, 9:01 pm
One approach would be to say that Miller was a procedural case and therefore did not announce a new rule of substantive constitutional rule. [read post]
10 Jun 2016, 9:32 am
Florida and Atkins v. [read post]
3 Jun 2016, 8:13 am
Lee, 15-789, the Court held that California’s procedural default rule barring claims raised for the first time on state collateral review was sufficiently firmly established and regularly followed to legitimately bar review of habeas claims, shockingly resulting in a reversal of the Ninth Circuit. [read post]
27 May 2016, 8:00 am
Ryan, which allowed certain petitioners who claimed ineffective assistance to excuse procedural defaults. [read post]
24 May 2016, 5:04 pm
Arizona 15-8366Issue: (1) What is the proper appellate procedure to address a trial court's failure to conduct the third Batson v. [read post]
20 May 2016, 9:08 am
Florida. [read post]
18 May 2016, 5:19 pm
Florida and Atkins v. [read post]
13 May 2016, 7:55 am
In 2013, a draft on procedural and evidentiary principles applicable to the sexual assault provisions (¶ 213 of the Model Penal Code) and on collateral consequences of conviction was presented to ALI for discussion but no vote. [read post]
25 Apr 2016, 8:19 am
Bentz, Janik LLP, Cleveland, for Appellant Ellen Kaforey Brian F. [read post]
21 Apr 2016, 4:50 am
The First Amendment protects freedom of speech and association. [read post]
13 Apr 2016, 8:26 am
Jacobson’s Argument Appellants committed the crimes of kidnapping, unlawful restraint, and child enticement when, without privilege to do so, they interfered with the custody rights of Jessica’s mother, refused to permit contact, and transported Jessica to Florida without her or her mother’s consent. [read post]
5 Apr 2016, 7:34 am
Civil procedure -- Summary judgment -- Notice of summary judgment evidence on which adverse party intends to rely -- Trial court properly interpreted rule 1.510 as requiring adverse party to file notice in response to a motion for summary judgment even if the evidence upon which it seeks to rely is already in the record -- Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonable, related and necessary treatment -- Trial court did not err in finding that… [read post]