FLORIDA STATE CASES

  • Construction Contract Damage: A contractor who substantially performs the work is entitled to the contract price less only those amounts owner paid directly to the subcontractors for the benefit of the contractor. Hibachi Grill, Inc. v. Arki Construction, Inc, Case No. 3D13-2876 (Fla. 3d DCA May 7, 2014).
  • Discovery – Attorney Client Privilege and Work Product Doctrine:  Information, such as identify of a client and payment of a fee, is protected by the attorney client privilege.  An attorney may inadvertently waive the work product doctrine when (s)he emails a non-party’s attorney.  Disclosure of information about who hired an expert and how the expert’s fees are being paid is discoverable.     Tumelaire v. Naples Estates Homeowner Association, Inc., et. al., Case No. 2D13-5071 (Fla. 2d DCA May 7, 2014).
  • Torts – Premises Liability:  A property owner owes a business invitee a duty to maintain the premises in a reasonably safe condition and a duty to warn of dangers which the owner has or should have knowledge of.  Where the danger is open and obvious, summary judgment is inappropriate where a question of fact remains as to whether the owner maintained the premises in a reasonably safe condition.  Tallent v. Pilot Travel Centers, LLC, Case No. 2D13-3646 (Fla. 2d DCA May 7, 2014).