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 »
Articles
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 »
Torts — Contracts — Arbitration — Enforceability of arbitration clause — Non-signatory — Negligence action alleging that plaintiff was a minor when she was injured by equipment plaintiff’s parent had rented from defendant — Trial court erred by compelling arbitration pursuant to arbitration agreement in parent’s rental contract where it was undisputed that plaintiff was not a party to the contract, and no parent had signed contract on plaintiff’s behalf
50 Fla. L. Weekly D198a SHAMERI MEIKLE, Appellant, v. U-HAUL COMPANY OF FLORIDA 905 LLC and BLADIMIR PEREZ, Appellees. 4th District. Case No. 4D2024-0847. January 15, 2025. Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE23-011645. Counsel: Maria L. Rubio Read More »
Civil procedure — Dismissal — Appeals — Jurisdiction — Trial court lacked jurisdiction to enter orders on plaintiff’s motion for reissuance of summons and motion for an extension of time to effectuate service after trial court had dismissed complaint without prejudice for failing to effectuate service and the time for filing a motion for rehearing had elapsed — Appellate court lacks jurisdiction to review interlocutory order quashing service and vacating default judgment where interlocutory order was subsumed into dismissal order and plaintiff did not timely appeal dismissal order
50 Fla. L. Weekly D198c LORENA MARIANI DE LANDA, Appellant, v. CARLOS EDUARDO CHALBAUD BRICENO, Appellee. 3rd District. Case No. 3D24-0543. L.T. Case No. 18-2461-CA-01. January 15, 2025. An Appeal from the Circuit Court for Miami-Dade County, Charles Kenneth Johnson, Judge. Counsel: Quintero Broche P.A., and Jessica Fonseca-Nader, for appellant. Cuevas, Garcia & Torres, P.A., Read More »