44 Fla. L. Weekly D1072b Insurance — Property — Coverage — Water damage — Insured’s action against law firm retained to report and settle property loss claim — Discovery — Trial court departed from essential requirements of law by ordering production of documents responsive to requests that appear on their face to potentially invade the Read More »
Archives for April 2019
Torts — Automobile accident — Livestock straying onto public road — Evidence — Prior incidents — Trial court did not err in granting motion in limine barring introduction of evidence pertaining to prior instances where owner’s livestock had escaped from their enclosed pastures — Plaintiff waived ability to contest exclusion of any incident not specifically proffered in trial court, and the sole escape that was preserved by proffer occurred under circumstances that were not similar to those that led to cows straying onto roadway in instant case, which plaintiff specifically alleged was caused by defendant’s negligence in maintaining gate
44 Fla. L. Weekly D1058b Torts — Automobile accident — Livestock straying onto public road — Evidence — Prior incidents — Trial court did not err in granting motion in limine barring introduction of evidence pertaining to prior instances where owner’s livestock had escaped from their enclosed pastures — Plaintiff waived ability to contest exclusion Read More »
Jurisdiction — Non-residents — Florida court did not have jurisdiction over defendant Canadian corporation which did not advertise in Florida and had minimal sales in Florida — Fact that defendant had a website did not show that defendant was directing its business activities toward Florida — Trial court erred in denying defendant’s motion to dismiss
44 Fla. L. Weekly D1035a Jurisdiction — Non-residents — Florida court did not have jurisdiction over defendant Canadian corporation which did not advertise in Florida and had minimal sales in Florida — Fact that defendant had a website did not show that defendant was directing its business activities toward Florida — Trial court erred in Read More »
Civil procedure — Discovery — Forensic examination of defendants’ electronic data — Search terms — Portion of order setting forth protocol for forensic examination of electronic data of attorney defendants in action alleging malpractice and breach of fiduciary duties is quashed — Remand with directions to enter amended order limiting search terms to terms that will protect against disclosure of privileged or irrelevant information, without hindering forensic examiner’s ability to retrieve relevant, non-privileged information, if any
44 Fla. L. Weekly D1032b Civil procedure — Discovery — Forensic examination of defendants’ electronic data — Search terms — Portion of order setting forth protocol for forensic examination of electronic data of attorney defendants in action alleging malpractice and breach of fiduciary duties is quashed — Remand with directions to enter amended order limiting Read More »
Torts — Premises liability — New trial — Comments in closing argument attacking plaintiff and plaintiff’s attorney by alleging that plaintiff participated in fraud and collusion evidenced by her employment with personal injury law firm that represented her — Trial court abused its discretion in ordering a new trial based on unobjected-to comments in closing argument without considering full four-part test set forth in supreme court’s opinion in Murphy v. International Robotic Systems — Even if trial court properly applied Murphy, record reflects that comments made during closing argument did not rise to fundamental error that would require new trial
44 Fla. L. Weekly D1026a Torts — Premises liability — New trial — Comments in closing argument attacking plaintiff and plaintiff’s attorney by alleging that plaintiff participated in fraud and collusion evidenced by her employment with personal injury law firm that represented her — Trial court abused its discretion in ordering a new trial based Read More »