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The Florida Legal Blog Blog

Articles: 1-10 of 29

Florida's 2013 Adoption of Daubert Standard Should Be Applied Retroactively

USA - June 1 2016 In Bunin v. Matrix Initiatives, Inc. (4D14-3579), the Fourth District affirmed the trial court's retroactive application of the Florida Legislature's…

Foreclosure Sale Cannot Go Forward When Timely Filed Motion for Rehearing Is Pending

USA - May 26 2016 In 944 CWELT-2007 LLC v. Bank of America (3D15-2091), the Third District granted a petition for certiorari that sought to quash an order denying a…

Fourth District: Clerk Has Judicial Immunity In Suit To Recover Payment for Fines in Unauthorized School Zone

USA - March 9 2016 In Zoba v. Coral Springs (4D14-1182), the "boundaries of judicial immunity are challenged." The Fourth District's majority opinion, written by Judge…

Fourth District: New Notice to Attorneys/Parties & New Administrative Order re: Agreed Extensions of Time

USA - February 10 2016 Last week the Fourth District issued a new Administrative Order regarding agreed extensions of time and an updated Notice to Attorneys and Parties…

Court Where Lis Pendens Filed Obtains Exclusive Jurisdiction Over All Liens Until Judgment

USA - January 28 2016 In Jallali v. Knightsbridge Village Homeowners Association, Inc. (4D15-2036), the Fourth District again held that the court where a mortgagee files a…

Failure To Make Payment In Florida Does Not (Without More) Allow Court to Exercise Personal Jurisdiction

USA - January 27 2016 In Cornerstone Investment Funding v. Painted Post Group (4D15-1907), the Fourth District reviewed a trial court's order denying a motion to dismiss…

Petition For Certiorari Denied Due to District Conflict

USA - January 22 2016 In The First Liberty Insurance Corp. v. O'Neill (4D14-2895), the Fourth District denied a petition for certiorari because the Fourth District had not…

The First Amendment Protections Afforded To A "Tattoo Establishment"

USA - December 31 2015 Is a city allowed to limit the number of tattoo establishments in a certain area? In Buehrle v. City of Key West (No. 14-15354), the Eleventh Circuit…

Motion for Attorneys Fees in Original Proceeding Must Be Filed Before Disposition

USA - December 23 2015 In Geico General Insurance Company v. Moultrop (4D15-2772, Nov. 12, 2015), the Fourth District wrote an opinion on a motion for attorneys fees filed…

Sanction Over Not Removing Prior Counsel From E-Service List Reversed

USA - December 16 2015 In Houston v. McKnought-Smith (4D14-4927), the Fourth District reversed a trial court's order sanctioning counsel and requiring the "former wife's…