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Sorting Out Major Changes to the Florida Probate Code and Corresponding Rules

by Dan Bushell | Oct 16, 2011 | Florida Supreme Court, Probate Litigation

The Florida Supreme Court has acted quickly in response to the Florida Legislature’s June 2011 amendments to Florida’s Probate Code, which include some major departures from existing law.  Because the Code amendments also became effective as soon as...

Tobacco Litigation Headed Back to Supreme Court?

by Dan Bushell | Oct 2, 2011 | Florida District Courts of Appeal, Florida Supreme Court, Products Liability

It’s been almost 5 years since the Florida Supreme Court issued its grand compromise decision in Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006).  As contemplated by that decision, many individual suits have been filed by Engle class...

FL’s 4th District: Tanker Driver Was Reckless Even Though Not Speeding

by Dan Bushell | Sep 18, 2011 | Criminal Law, Florida District Courts of Appeal

The Fourth District Court of Appeal handed down quite a few reversals in criminal cases last week, with Santisteban v. State, No. 4D09-229, the most unusual one I’ve read in a while.  The decision addresses 3 uncommon issues: (1) Is it proper for a judge...

DCAs Call Up Major Cases for Post-Labor Day Oral Argument (Updated)

by Dan Bushell | Sep 7, 2011 | Constitutional Litigation, Florida District Courts of Appeal, Probate Litigation

So much for easing back to work after the long weekend.  At least for judges in the First District and Fourth District Court of Appeal.  As the Miami Herald reports, the 1st DCA is hearing consolidated oral argument this afternoon in Florida Gaming Centers,...

FL Supreme Court Reads Household Exclusion to Extend Beyond Named Insureds’ Household

by Dan Bushell | Aug 30, 2011 | Florida Supreme Court, Insurance Coverage

The Florida Supreme Court returned from its summer hiatus last week with its first regular release of opinions since July 8, and sent this message: when the grandkids come to visit, don’t let them drive your car!  Among the new opinions released on...
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