41 Fla. L. Weekly D1257a Top of Form Mortgage foreclosure — Evidence — Hearsay — Business records exception — Statute allows for self-authentication of business records by means of a certification or declaration from the custodian of the records — Trial court abused discretion in sustaining objection to admissibility of certificate of authenticity of business Read More »
Archives for June 2016
Defense counsel’s conference with sequestered defense expert regarding testimony of another expert was not ground for new trial where sequestered witness’s testimony did not substantially differ from what it would have been had the sequestration rule not been violated — Defense expert did not improperly testify to matters outside the scope of his CME report
41 Fla. L. Weekly D1315aTop of Form Torts — Automobile accident — New trial — Trial court abused discretion by granting plaintiff’s motion for new trial on grounds that defense violated sequestration rule and that defense expert witness violated court order that he not testify as to new opinions that were not included in his Read More »
Torts — Evidence — Causation expert — Trial court did not abuse its discretion in excluding plaintiff’s expert’s causation opinion — 2013 amendment of statute on admission of expert testimony applies retroactively
41 Fla. L. Weekly D1308aTop of Form Torts — Evidence — Causation expert — Trial court did not abuse its discretion in excluding plaintiff’s expert’s causation opinion — 2013 amendment of statute on admission of expert testimony applies retroactively — Amendments to the statute are procedural and thus apply retroactively — Summary judgment for defendants Read More »
Attorney’s fees — Insureds prevailing in action against insurer — Trial court abused discretion in applying multiplier to fees awarded to insureds where there was no showing that insureds would have had difficulty finding competent counsel to represent them
41 Fla. L. Weekly D1279aTop of Form Insurance — Homeowners — Attorney’s fees — Insureds prevailing in action against insurer — Trial court abused discretion in applying multiplier to fees awarded to insureds where there was no showing that insureds would have had difficulty finding competent counsel to represent them — Finding that attorneys went Read More »