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As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer [...]

Highlights The apex doctrine generally provides that a high-level corporate officer should not be subject to a deposition unless and until the opposing party has exhausted all other less-intrusive avenues [...]

Most trial lawyers tend to use reconsideration and rehearing interchangeably. But until recently they served very different purposes. Motions for rehearing filed pursuant to Florida Rule of Civil Procedure 1.530 [...]

Tampa, Fla. (June 16, 2022) - Verdicts in personal injury cases are greatly impacted by the amount of medical expenses a plaintiff can present to juries. In Florida, collateral sources [...]

On April 28, 2022, the Florida Supreme Court rendered its decision in Dial v. Calusa Palms Master Association, Inc., which will undoubtedly have far-reaching effects on the damages awarded in [...]

Florida Supreme Court: Adopting Arbitration Rules That Empower Arbitrators to Decide Arbitrability Constitutes 'Clear and Unmistakable' Evidence of Agreement to Delegate Highlights The Florida Supreme Court on March 31, 2022, [...]

On April 13, 2017, the Florida Supreme Court in Worley v. Central Florida Young Men's Christian Ass'n, Inc., 228 So. 3d 18 (Fla. 2017), held that the attorney-client privilege shields [...]

Late last month, the Florida Supreme Court codified into Florida Rule of Civil Procedure 1.280(h) the 'apex doctrine' and declared the doctrine applies with equal force to high-ranking corporate and [...]

Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to 'align Florida's summary judgment standard with that of the federal courts and of [...]

A recent decision of the Florida Supreme Court is a good reminder that automakers and dealers may have different arguments depending on whether consumer Magnuson-Moss Warranty Act (MMWA) claims are [...]

In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019, the Supreme Court of Florida ruled that Daubert - not Frye - [...]

After more than five years of uncertainty, the Florida Supreme Court's opinion in DeLisle v. Crane finally settled the debate over the standard for determining the admissibility of expert witness [...]

Florida law allows an insured to recover attorney's fees if the insured prevails in a lawsuit against the insurer for insurance benefits. See § 627.428, Florida Statutes. The plain text [...]

As we have reported, an assignment of benefits (AOB) is a legal tool that allows a third party, like a contractor, to be paid for services performed, like repairs following [...]

Andrew Marcus is Senior Counsel and Mark Delegal is a Partner in Holland & Knight's Tallahassee office Florida's Fourth District Court of Appeal (DCA) ruled on Sept. 5, 2018, that [...]

On December 14, 2017, The Florida Supreme Court issued its long-awaited opinion in the case of Altman Contractors, Inc. v. Crum and Forster Specialty Insurance Company; Case No. SC16-1420. This [...]

The Florida Supreme Court recently held that the pre-suit process for construction defect claims under Florida Statutes Chapter 558 constitutes a 'suit' under the standard ISO CGL definition as an [...]

Last week, the Florida Supreme Court adopted section 90.5021, Fla. Stat. - Florida's fiduciary lawyer-client privilege - to the extent it is procedural and held that the decision is retroactive [...]

In a major victory for media and broadcast entities, the Supreme Court of Florida recently established that Florida law does not recognize exclusive copyright protections for sound recordings that were [...]

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye [...]

Introduction Florida's First District Court of Appeal, in Rigby v. Bank of New York Mellon, Case No. 1D16-0665, appears to be considering receding from the 'standing at inception' doctrine in [...]

U.S. Eleventh Circuit Court of Appeals US v. Lincare Holdings - False Claims Act Mikko v. City of Atlanta - § 1983, First Amendment, immunity In re Hernandez - sentencing, [...]

Nathan Adams IV is a Partner in Holland & Knights Tallahassee office and Jerome W. Hoffman is a partner in both the Jacksonville and Tallahassee office HIGHLIGHTS: The federal court [...]

On February 16, 2017, the Florida Supreme Court declined to adopt the Daubert standard for the admissibility of expert evidence into the Florida Evidence Code to the extent it is [...]

A recent decision by the Supreme Court of Florida recognizes that judgment creditors seeking to enforce a judgment in Florida under the Florida Enforcement of Foreign Judgments Act (FEFJA) are [...]

In a 4-2 decision, the Florida Supreme Court today declined to adopt an amendment to section 90.702 of the Florida Evidence Code to the extent that the amendment is procedural. [...]

It is well known in Florida that Article X, Section 25 of the Florida Constitution (Amendment 7) provides patients with access to any adverse medical incident report (even involving other [...]

Erica Gooden Bartimmo is an Associate for Holland & Knight's Tampa office. HIGHLIGHTS: The Florida Supreme Court has held that the federal Patient Safety and Quality Improvement Act (PSQIA) is [...]

Erica Gooden Bartimmo is an Associate in our Tampa office. HIGHLIGHTS: The Florida Supreme Court has held that the federal Patient Safety and Quality Improvement Act (PSQIA) is not and [...]

The Florida Supreme Court recently held that life insurance policies procured by investors through a STOLI scheme did not violate Florida's insurable interest statute and could not be challenged after [...]

Case: Johnson v. Omega Ins. Co. Florida Supreme Court No. 14-2124, 2016 Fla. LEXIS 2148 (9/29/16) This decision involved a homeowner who filed a claim under her homeowner's insurance policy [...]

Case: Sebo v. American Home Assurance Co., Inc. Florida Supreme Court No. SC14-897, 2016 Fla. LEXIS 2596 (Dec. 1, 2016) In a long-awaited decision, the Florida Supreme Court in Sebo [...]

It's said that 'defeat is an orphan,' but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of [...]

On September 29, 2016, the Florida Supreme Court held, in Johnson v. Omega Insurance Company (No. SC14-2124), that a homeowner is entitled to an award of attorneys' fees after an [...]

On September 29, 2016, the Florida Supreme Court held, in Johnson v. Omega Insurance Company (No. SC14-2124), that a homeowner is entitled to an award of attorneys' fees after an [...]

On September 22, 2016, the Florida Supreme Court issued an eagerly-awaited opinion in Wells Fargo Bank, N.A. v. Pruco Life Insurance Co. The Court held that Florida's two-year contestability statute [...]

In John Joerg, Jr., etc., et al. v. State Farm Mutual Automobile Insurance Co., No. SC13-1768 (October 15, 2015), the Florida Supreme Court held that defendants are precluded from introducing [...]