50 Fla. L. Weekly D397a CRST EXPEDITED, INC., Appellant, v. ALFRED F. WALLACE, et al., Appellees. 3rd District. Case No. 3D23-2074. L.T. Case No. 18-13850. February 12, 2025. An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge. Counsel: Campbell Conroy & O’Neil, P.C., and P. Brandon Perkins (Ft. Lauderdale), for appellant. The Read More »
Articles
Torts — Jury — New trial — No abuse of discretion in denying plaintiff’s motion for new trial claiming that trial court and clerk had erred when assembling venire — Plaintiff waived any issue concerning venire where, although defendant had twice objected to venire prior to jury being sworn in, plaintiff did not lodge an objection until after jury returned adverse verdict
50 Fla. L. Weekly D289a SARAH ANDERSON, as Personal Representative of the Estate of Hosey Anderson, deceased, Appellant/Cross-Appellee, v. R.J. REYNOLDS TOBACCO COMPANY, a foreign corporation and PHILIP MORRIS USA, INC., a foreign corporation, Appellees/Cross-Appellants. 1st District. Case No. 1D2023-0058. February 5, 2025. On appeal from the Circuit Court for Gadsden County. David Michael Frank, Read More »
Torts — Premises liability — Slip and fall — Banks — Duty to maintain premises — Action stemming from injuries plaintiff suffered when she slipped on an oil slick while walking up to a drive-through automated teller machine — Trial court did not err by granting summary judgment in favor of bank because, as a matter of law, bank did not owe plaintiff a duty of care to maintain drive-through ATM in a reasonably safe condition for pedestrians — Defendant’s duty to maintain a safe premises for invitees like plaintiff is limited to the intended use of the premises as part of the invitation — Defendant’s duty was limited to keeping area safe only for motor vehicle traffic where record established that intended use of drive-through ATM was for access by customers operating their vehicles, and there was no invitation to access the ATM in any other way — Plaintiff’s deviation from ATM’s intended use, without defendant’s knowledge, could not operate to expand scope of defendant’s duty
50 Fla. L. Weekly D290c NICOLE MORRIS, Appellant, v. CAPITAL CITY BANK, Appellee. 1st District. Case No. 1D2022-1365. February 5, 2025. On appeal from the Circuit Court for Taylor County. Gregory S. Parker, Judge. Counsel: Jonathan Anthony Martin and Courtney Rebecca Brewer, Tallahassee; and John S. Mills, Jacksonville; of Bishop & Mills, PLLC, for Appellant. Read More »
Civil procedure — Default — Vacation — Service of process — Defects — Trial court erred in denying motions to quash service and vacate a default judgment where plaintiff failed to introduce any process demonstrating service upon individual defendant and return for corporate defendant was defective because it failed to include factors mandated under section 48.21(1)
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 »
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 »