Florida

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Florida Appeals Panel: New Trial Necessary For Construction Contract Case
Posted on 29 Apr 2013 by Mealeys

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on April 24 remanded a construction contract dispute to the trial court for a new trial on damages and a determination of the correct amount of a construction lien (Christos N. Kritikos... Read More

Florida Appeals Court Certifies Engle Question To State Supreme Court
Posted on 3 Apr 2012 by Mealeys

TAMPA, Fla. - The Second District Florida Court of Appeal on March 30 affirmed a $2.5 million verdict in a smoking wrongful death case but certified a question about the constitutionality of the preclusionary elements of Engle v. Liggett Group, Inc. ... Read More

Florida Appeals Panel: Judge Improperly Dropped Claims Against Hospital
Posted on 7 May 2013 by Mealeys

LAKELAND, Fla. - The Second District Florida Court of Appeal on May 3 overturned summary judgment for a hospital named as the defendant in a medical malpractice case, concluding that a decision whether the hospital can be held liable for the actions of... Read More

Florida Appeals Panel: No New Trial Necessary For Slip-And-Fall Action
Posted on 1 Mar 2013 by Mealeys

LAKELAND, Fla. - The Second District Florida Court of Appeal on Feb. 27 reversed a trial court's decision to grant a new trial to the plaintiff in a premises liability case based on comments made by the defendant's attorney and remanded the action... Read More

Florida Appeals Panel: Townhouse Owners' Defect Claims Must Be Arbitrated
Posted on 22 Jan 2013 by Mealeys

LAKELAND, Fla. - The Second District Florida Court of Appeal on Jan. 16 overturned a trial court's decision to deny a motion to compel arbitration in a construction defects action, concluding that a townhouse owner's association had an obligation... Read More

Florida Appeals Panel Reverses Decision To Apportion Settlement Proceeds
Posted on 6 Jun 2012 by Mealeys

DAYTONA BEACH, Fla. - A Fifth District Florida Court of Appeal panel on June 1overturned a decision to apportion 100 percent of a medical malpractice settlement to the mother of a teenager who died at a hospital, concluding that the girl's father... Read More

Florida Jury Apportions $54.9 Million In Punitives Among 4 Tobacco Firms
Posted on 4 Jun 2012 by Mealeys

FORT LAUDERDALE, Fla. - A Florida jury apportioned $54.9 million in punitive damages among the nation's four largest tobacco companies on May 31 in an Engle progeny case over the death of a cement worker who smoked as many as three packs of cigarettes... Read More

Florida Federal Judge Allows Law Firm's Withdrawal, Sets Expedited August Trial
Posted on 28 Feb 2013 by Mealeys

TAMPA, Fla. - A Florida federal judge on Feb. 26 granted in part a couple's motion for an expedited trial in an asbestos exposure suit after earlier denying a motion arguing that the withdrawal of Union Carbide Corp.'s law firm would delay proceedings... Read More

Florida Appeals Court: Cost Determination Needed In Construction Contract Case
Posted on 3 Dec 2012 by Mealeys

LAKELAND, Fla. - The Second District Florida Court of Appeal on Nov. 28 remanded a construction contract case to the trial court to determine the proper amount of fees and costs due to both the plaintiffs and defendant ( Richard O. Wolfe II, et al. v... Read More

Florida Appeals Panel Orders New Trial On Damages In Wal-Mart Injury Action
Posted on 6 Sep 2012 by Mealeys

WEST PALM BEACH, Fla. - A Florida Court of Appeal panel on Sept. 5 overturned a decision to deny a new trial to the plaintiff in a premises liability action, determining that comments made by defense counsel during closing arguments amounted to reversible... Read More

Florida Appeals Court Affirms Defense Verdict In Medical Malpractice Case
Posted on 29 Jun 2012 by Mealeys

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on June 27 upheld a defense verdict in a medical malpractice action, finding no errors in the jury's conclusion that a doctor was not liable for a man's paralysis by misdiagnosing... Read More

Florida Appeals Panel: New Trial Inappropriate; Accident Injury Verdict Stands
Posted on 6 Aug 2012 by Mealeys

WEST PALM BEACH, Fla. - A Florida Court of Appeal panel on Aug. 1 overturned a trial court decision to grant a new trial in an automobile accident action, ruling that it was an error to find that the jury was misled by instructions it was given before... Read More

Trasylol MDL Judge Sets Final Hearing As Litigation Nears Conclusion
Posted on 9 Apr 2013 by Mealeys

WEST PALM BEACH, Fla. - The Florida federal judge overseeing the Trasylol multidistrict litigation conducted a final hearing April 9, saying a review of the docket indicates that the MDL is nearing conclusion (In Re: Trasylol Products Liability Litigation... Read More

Florida Appeals Panel: Dangerous Condition May Have Existed At Dollar Tree Store
Posted on 12 Jul 2012 by Mealeys

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on July 11 overturned summary judgment for a retailer named as the defendant in a trip-and-fall injury action, ruling that questions remained regarding whether the defendant negligently... Read More

Florida Panel Reverses, Remands $6.25M Judgment Against Insurer
Posted on 25 May 2012 by Mealeys

TALLAHASSEE, Fla. - A Florida appeals panel on May 24 reversed and remanded a $6.25 million judgment against an insurer in a coverage dispute arising from a teenager's alleged injury at a fundraiser ( Interstate Fire & Casualty Company v. Tatiana... Read More

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