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Until recently, Florida litigators would have the choice between two and four elements for a unilateral mistake defense depending on the court where an action was filed. This is now [...]

Whether reviewing instructions before they go to the jury or perusing them on appeal, revisit the doctrine of fundamental error. Faulty jury instructions are one of the greatest sources of [...]

Answer: To paraphrase Justice Stewart's often quoted standard, because a court knows it when it sees it. (1) The doctrine of "fundamental" or "plain" error, which permits appellate review of [...]

If there is anything that takes the professional sweat off a dirt lawyer's brow, or places a smile on a malpractice carrier's face, it is the equitable safety net of [...]