Florida Supreme Court News

Legislative Battle Underway Over 2019 Florida High Court Picks

The future of the Florida Supreme Court is sparking a legislative battle over whether the state’s next governor — or the governor after that — will have a say in who will be on the court. Senate Republicans are backing …

Florida Supreme Court Rejects Rule on Medical Malpractice Expert Testimony

The Florida Supreme Court refused last Thursday to adopt a state rule reflected in a law that creates restrictions on doctors who can testify during medical malpractice trials, agreeing it would have a chilling effect on the ability to find …

Florida Supreme Court to Review Wrongful Death Award

The Florida Supreme Court has agreed to hear an appeal of the reduction of the monetary award in the wrongful death lawsuit brought by the family of a University of Central Florida football player who died following conditioning drills in …

Florida Supreme Court Rules Replacement Cost Includes Contractor’s Profit

Florida’s high court has ruled that insurers under a 2008 law must pay a contractor’s overhead and profit as part of the expense of repairing a homeowner’s property despite the fact the repairs may not have been made. The Florida …

Insurers Can’t Require Examinations Under Oath in Pre-2012 PIP Claims: Florida Court

The Florida Supreme Court ruled that prior to a 2012 state law, auto insurer Geico didn’t have the right to force a policyholder to answer questions under oath before paying a personal injury protection (PIP) benefits claim. The ruling applies …

Florida Supreme Court Nixes Pre-Surgery Damages Clause without Concession

The Florida Supreme Court has ruled unenforceable a doctor’s financial and arbitration agreement with a patient prior to surgery because it lacked an admission of liability by the medical provider. To be enforceable under Florida’s medical malpractice statute, such an …

Florida Court Allows Californian’s Suit Against Miami Firms Tied to Mexican Resorts

A divided Florida Supreme Court is letting a lawsuit go ahead against a company that runs a resort in Mexico. The court ruled last Thursday that Shahla Cortez can proceed with her lawsuit against three Miami companies connected to the …

Florida Court Sides with Bank in Key Mortgage Liability Case

Florida’s highest court has ruled a homeowner cannot re-open a voluntarily dismissed foreclosure case despite allegations that the bank falsified documents, giving a win to banks in a closely watched ruling that could have affected thousands of cases in a …

Florida Court Allows Drivers to Rebut Presumption of Fault in Rear-End Crashes

Florida’s high court has ruled that drivers that cause an automobile accident by striking another car from behind can still sue the other driver for damages depending on the circumstances of the accident and the other driver’s actions. The Florida …

Florida Supreme Court Rules in 2 Sovereign Immunity Cases

The Florida Supreme Court last week put off a decision on whether Citizens Property Insurance Corp. can use its status as a state-backed entity to avoid lawsuits accusing it of bad faith in responding to claims. The justices, though, ruled …