50 Fla. L. Weekly D320a ESTHER KASSIN, et al., Appellants, v. 3909 PONCE DE LEON, LLC, Appellee. 3rd District. Case No. 3D24-0199. L.T. Case No. 23-624. February 5, 2025. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge. Counsel: Solomon Appeals, Mediation & Arbitration, and Donna Read More »
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Wage and Hour Update
On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated and set aside the U.S. Department of Labor (DOL)’s final regulation increasing the salary threshold for the overtime exemption under the Fair Labor Standards Act (FLSA) on a nationwide basis. The court struck down the July 1, 2024 increase as Read More »
Civil procedure — Amendment — Affirmative defenses — Trial court did not abuse discretion in denying motions for leave to amend party’s affirmative defenses where court’s ruling was reasonable — Based on the governing standard of review applicable to judicial discretion, the discretionary ruling of the trial judge should be disturbed only when his decision fails to satisfy a test of reasonableness
50 Fla. L. Weekly D272a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. ARTURO ARMANDO ARMAND, et al., Appellees. 3rd District. Case No. 3D23-1734. L.T. Case No. 21-6820. January 29, 2025. An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Counsel: Russo Lima Appellate Firm, P.A., and Elizabeth K. Russo and Paulo Read More »
Civil procedure — Complaint — Amendment — Punitive damages — Trial court properly performed its gatekeeping function in denying motion to amend complaint to add a claim for punitive damages where moving party failed to make a reasonable showing which would provide a reasonable basis for recovery of punitive damages
50 Fla. L. Weekly D244a COMWAY TRADE LOGISTICS, LLC, Appellant, v. SEBASTIAN CURET, et al., Appellees. 3rd District. Case No. 3D24-1275. L.T. Case No. 22-15599-CA-01. January 22, 2025. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Counsel: Mark, Migdal & Hayden, Jose M. Ferrer, and Desiree Read More »
Rules of Civil Procedure — Amendment — Case management — Pretrial procedure — Complex litigation — General provisions governing discovery — Setting action for trial — Motions to continue trial — Time — Depositions on oral examination — Interrogatories to parties — Production of documents and things and entry upon land for inspection and other purposes — Requests for admission — Failure to make discovery — Sanctions — Subpoena
50 Fla. L. Weekly S9a IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE. Supreme Court of Florida. Case No. SC2023-0962. December 5, 2024. Original Proceeding — Florida Rules of Civil Procedure. Counsel: Cosme Caballero, Chair, Civil Procedure Rules Committee, Miami, Judson Lee Cohen, Past Chair, Civil Procedure Rules Committee, Miami Lakes, Joshua E. Doyle, Read More »