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18 Nov 2019, 8:12 am by Juan C. Antúnez
In Re Estate of Black, 528 So.2d 1316 (Fla. 2d DCA 1988); In Re Estate of Vernon, 608 So.2d 510 (Fla. 4th DCA 1992). [read post]
29 Aug 2016, 1:29 pm by R. Locke Beatty
This week’s recap examines a recent appellate ruling that provides a nice roadmap for arguing a plaintiff’s theory of damages cannot satisfy Rule 23’s predominance requirement, as well as another district court’s efforts to parse out the contours of standing based on statutory violations post-Spokeo. [read post]
1 Aug 2016, 7:53 am by Juan C. Antúnez
Florida real estate = Florida law: “No choice-of-law rule has earlier vintage, or greater longevity, than the rule that issues directly pertaining to real property are governed by the law of the situs of the property. [read post]
15 Dec 2011, 6:30 pm
It started by noting that the Florida Rules of Appellate Procedure do not require courts to dismiss cases on request, but merely make it possible. [read post]
15 Jan 2023, 8:15 am by David J. Halberg, Esq.
American then sued Southern for bad faith insurance – prevailing in trial court, and then more recently in the appellate court in a 3-0 ruling. [read post]
15 Dec 2014, 7:14 am by Juan C. Antúnez
In what could be a ground breaking decision, for the very first time we now have a Florida appellate decision explicitly sanctioning the use of trust protectors in a domestic trust proceeding. [read post]
14 Jun 2022, 8:07 am by Eugene Volokh
No, said the appellate court: "Res judicata is a judicial doctrine used to bar parties from relitigating claims previously decided by a final adjudication on the merits. [read post]
5 Jun 2021, 3:17 pm
 As of June 21, 2021, at 12:01 AM courts in Florida are back baby! [read post]
17 Feb 2008, 10:45 am
The court under this rule may not extend the time for serving a motion for rehearing or to enlarge any period of time governed by the Florida Rules of Appellate Procedure. [read post]
12 Nov 2014, 6:14 am by Law Offices of Robert Dixon
Put another way, the court gave the plaintiff a chance to dismiss the other case and provide documentation that the Florida decision would be res judicata. [read post]
4 Mar 2019, 12:35 pm by Juan C. Antúnez
Espejo-Norton, a 2008 3d DCA case I wrote about here, the usual rule in Florida is that an estate won’t be reopened even if a rightful heir was excluded. [read post]
1 May 2012, 6:49 pm by Dan Bushell
That issue, on which the 4th DCA had the first word among Florida appellate courts in its 2011 decision in Kingsway Amigo Insurance Company v. [read post]
5 Jul 2017, 2:18 pm by Eugene Volokh
And when the decision will doubtless be appealed, the appellate courts will be focused on this twist of Florida state constitutional law, as well as on this specific clear-and-convincing-evidence provision. [read post]