50 Fla. L. Weekly D531a ALBERTO PESCATORE, individually, and DEEPER BLUE SEA, LLC, a Florida limited liability company, Appellants, v. JOSE LUIS FERNANDEZ, Appellee. 4th District. Case No. 4D2023-0823. February 26, 2025. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jack Tuter, Judge; L.T. Case No. CACE19009643. Counsel: Ilene L. Pabian, Read More »
Articles
Rules of Appellate Procedure — Amendments — Proceedings to review final orders of lower tribunals and orders granting new trial in jury and nonjury cases — Proceedings to review nonfinal orders and specified final orders — Proceedings in criminal cases — Uniform citation system
50 Fla. L. Weekly S39a IN RE: AMENDMENTS TO FLORIDA RULES OF APPELLATE PROCEDURE. Supreme Court of Florida. Case No. SC2024-0317. March 6, 2025. Original Proceeding — Florida Rules of Appellate Procedure. Counsel: Christine Riley Davis, Chair, Appellate Court Rules Committee, St. Petersburg, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Heather Savage Telfer, Read More »
Torts — Product liability — Service of contaminated food — Dismissal — Sanction — Fraud on court — Action alleging that defendant supermarket failed to properly inspect and prepare chicken, resulting in food poisoning which required extensive treatment — Trial court erred in dismissing complaint with prejudice for fraud on court because plaintiff had denied a history of gynecological issues and prior treatment in “the area of the body” she claimed was injured during discovery, despite her medical records showing extensive abdominal and gynecological treatment — Case lacked required explicitness and evidence of intent given the possibility of confusion regarding the questions being asked and the involved body systems, and plaintiff’s full disclosure of prior treating doctors which provided defendant with full access to prior medical treatment — Even if competent, substantial evidence supported finding of fraud, dismissal was not an appropriate sanction
50 Fla. L. Weekly D494a LYNN SWENSON, Appellant, v. WAL-MART STORES EAST, L.P., Appellee. 1st District. Case No. 1D2023-1117. February 26, 2025. On appeal from the Circuit Court for Leon County. James Lee Marsh, Judge. Counsel: Brian Lee, Morgan & Morgan, Jacksonville, for Appellant. Allison Beth Ziegler, Daniel J. Santaniello, and Daniel Stuart Weinger, Luks, Read More »
Wrongful death — Automobile accident — Jurisdiction — Non-residents — Tortious act — Action stemming from out-of-state automobile accident which resulted in the death of a Florida resident — Trial court erred by denying non-resident defendant’s motion to dismiss for lack of personal jurisdiction — Complaint did not sufficiently allege that defendants committed a tortious act within state where the accident occurred in Georgia — Causing injury in state — Complaint did not sufficiently allege that at or about the time of injury, defendants were engaged in service activities within state — While vehicle involved in the accident was in the process of transporting cargo to Florida, services were not yet being provided within state at time of accident — Business venture — Complaint does not sufficiently allege that the tortious conduct of defendant corporation that hired driver arose from and related to its business activities in state — Although defendant corporation had business activities in state, none of the acts related to the claims against it occurred in state
50 Fla. L. Weekly D497a MARKIL BERNARD KENDRIX, Appellant, v. KRISTEN KULP, as Personal Representative of the Estate of Adam James Kulp, deceased, Appellee. 1st District. Case No. 1D2023-2039. VA LOGISTICS, LLC, Appellant, v. KRISTEN KULP, as Personal Representative of the Estate of Adam James Kulp, deceased, Appellee. Case No. 1D2023-2087. RYAN TRANSPORTATION SERVICES, INC., Read More »
Torts — Premises liability — Trip and fall — Open and obvious danger — Failure to maintain premises in reasonably safe condition — Pedestrian injured when she tripped and fell on raised and unmarked slab designed to anchor a vehicle gate-arm in a parking garage — Trial court erred in entering final summary judgment in favor of defendant — Opinion of plaintiff’s expert that condition of slab violated industry standards and created unreasonably dangerous condition for pedestrians was sufficient to establish question of fact precluding summary judgment — If court is unable to conclude as matter of law that open and obvious doctrine precludes recovery, factual questions of dangerousness and foreseeability of condition remain for finder of fact
50 Fla. L. Weekly D511a GWEN ORTEGA, Appellant, v. JW MARRIOTT INVESTMENT, LLC, et al., Appellees. 3rd District. Case No. 3D23-1916. L.T. Case No. 22-11819. February 26, 2025. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Eaton & Wolk, PL, and Douglas F. Eaton and Daniel R. Schwartz, Read More »