tag:blogger.com,1999:blog-55562572008-01-18T17:48:12.571-05:00Matt ConigliaroBlogger4519125tag:blogger.com,1999:blog-5556257.post-74179618430431622472007-10-31T09:51:00.000-04:002007-10-31T09:55:13.687-04:00

If you are interested in the property tax reforms that the legislature approved Monday and on which Florida's voters are scheduled to vote in January, then the next few months should have your attention. Whether you think the legislature's proposal is good or bad for Florida, no one can reasonably deny that it is important and will directly affect most Floridians. Today's coverage is certainly

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-48471830822274898602007-10-31T09:49:00.000-04:002007-10-31T09:54:56.004-04:00

Where a plaintiff alleges that a blood bank negligently screened blood donors, resulting in the death of a recipient of donated blood, is that claim subject to the presuit notice requirements of chapter 766? Yes, said the First District in this decision. The court explained that under the 2003 amendments to chapter 766, blood banks are considered health care providers and the negligent screening

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-1556904098248384342007-10-31T09:48:00.000-04:002007-10-31T09:54:41.798-04:00

Appellate attorneys may wish to keep this decision around as an example of how a precedentially insignificant decision by the state supreme court not to review a certified question of great public importance can be seen as, well, somewhat precedential.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-89473843412952236902007-10-31T09:45:00.000-04:002007-10-31T10:00:07.493-04:00

This decision caught my attention. An injured plaintiff sued the defendant for negligence in failing to maintain a handrail. The plaintiff sought leave to add a request for punitive damages, and the trial court permitted that amendment and, later, denied the defendant's motion for summary judgment on the punitive damages issue. The case then proceeded to trial, which resulted in a judgment for

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-18811027324032169972007-10-31T09:42:00.000-04:002007-10-31T09:53:42.640-04:00

This decision from the First District may stand for the broad proposition that where a contract supplies a mechanism to address some deficiency in one party's performance, such a deficiency is not automatically deemed a breach of the agreement.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-31025666178159524432007-10-31T09:40:00.000-04:002007-10-31T09:53:18.569-04:00

The First District's decision in this case shows that forum selection clauses that require litigation to be brought in states other than Florida can be unenforceable under certain circumstances.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-91314704832763746952007-10-31T09:37:00.000-04:002007-10-31T09:53:03.934-04:00

Yes, appellate courts can dismiss cross-appeals, as this decision from the First District shows.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-44591861908350206722007-10-31T09:35:00.000-04:002007-10-31T09:52:44.877-04:00

Some second-tier certiorari cases apply the applicable review standards in a way that makes them seem almost insurmountable, as if the district court's second look is so limited that all but the most patent legal errors may escape being quashed. Other cases seem to offer hope that second-tier review permits a broad look at the legal side of a case. This decision would seem to fall in the second

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-90290628054912628342007-10-31T09:33:00.000-04:002007-10-31T09:50:47.657-04:00

Just a reminder here from the First District that, at least in some ways, parties to a marital settlement agreement can waive the fee-shifting that might otherwise occur under chapter 61.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-78707249587065466022007-10-31T09:31:00.000-04:002007-10-31T09:50:27.555-04:00

In this decision, the First District reminds us, and state prisoners in particular, that where review of quasi-judicial action is sought in a circuit court (such as a Department of Corrections decision awarding gain-time), that court is governed by the Florida Rules of Appellate Procedure.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-77058102177976519302007-10-31T09:30:00.000-04:002007-10-31T09:49:36.640-04:00

Is a writ of habeas corpus appropriate where a trial court sets bail at a rather high amount, allegedly tantamount to no bail, but the hearing below focused on mental issues and no competent evidence was presented regarding the defendant's ability to pay or ties to the community? In this case, the First District acknowledged that a sister court has granted a habeas corpus petition under these

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-53833707682497329382007-10-30T09:54:00.000-04:002007-10-30T10:13:25.686-04:00

Wow. What a change. Several weeks ago, Florida voters were facing a proposed constitutional amendment on the January 29, 2008 ballot that would, in time, eliminate the Save Our Homes protection for homestead property. Then a judge declared the ballot summary accompanying that proposal to be misleading and ordered it off the ballot, prompting the legislature to reconsider the property tax

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-12268112089330441602007-10-30T09:50:00.000-04:002007-10-30T10:17:50.860-04:00

Is a statute governing whether the prosecution or the defense gets the last closing argument in a criminal trial procedural or substantive? The First District has the rather obvious answer here. The decision also showed why the legislature's enactment of this statute was unnecessary -- and ineffective -- beyond simply repealing former rule 3.250.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-10034133400325233472007-10-30T09:45:00.000-04:002007-10-30T09:55:06.899-04:00

This decision points out that the deference courts typically pay to agencies' interpretations of statutes within their jurisdiction does not extend to attorney's fees statutes. The First District explained, "Whether a party is entitled to an award of attorney fees is a question that arises in many different kinds of cases, regardless of the subject matter, and it is one that the courts are best

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-64010748150775100622007-10-30T09:40:00.000-04:002007-10-30T09:54:12.589-04:00

Those interested in criminal law, and drug offenses in particular, may wish to check out the First District's decision in this case. The court demonstrated how, under Florida law, repeated sales of resale quantities of a drug can support a conviction for conspiracy to purchase or possess with intent to purchase.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-42325980004177520952007-10-30T09:37:00.000-04:002007-10-30T09:53:47.227-04:00

In this case, the First District explained that inexplicably failing to move to set aside a default for 10 weeks does not constitute acting with due diligence, apparently as a matter of law.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-74007191308963909422007-10-30T09:35:00.000-04:002007-10-30T09:53:08.402-04:00

Does the limitations period on a legal malpractice claim begin to run when a judgment adverse to the plaintiff is entered by a trial court or when the appeal from that judgment is adversely resolved? In this context, appeals count, as the First District reminds us in this case.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-16407274206869234762007-10-30T09:33:00.000-04:002007-10-30T09:52:41.918-04:00

This decision from the First District shows that a plaintiff can allege a medical malpractice claim where the alleged malpractice itself extends the repose period applicable to the claim.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-82678865415429803962007-10-30T09:32:00.000-04:002007-10-30T09:52:12.647-04:00

Here is a case that shows why having a relatively dull sense of smell can be a source of empowerment. The First District explained that a human's dull sense of smell reduces the risk it will falsely detect the presence of burnt marijuana, giving an officer who smells burnt marijuana in a vehicle after pulling it over probable cause for a search.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-13252570257590879712007-10-30T09:31:00.000-04:002007-10-30T09:51:23.332-04:00

Appellate folks may wish to keep this decision around for the next time a case settles. The court holds simply that settlement of a case on appeal calls for dismissal of the appeal.

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-21501159604408752632007-10-29T07:24:00.000-04:002007-10-29T09:58:42.355-04:00

According to this story in today's St. Pete Times, the Florida Senate placed a property tax proposal on the legislative table yesterday. If approved by Florida voters, the proposal would significantly amend the state constitution as it relates to property taxes. With the current special session on the verge of ending, and with a deadline of Tuesday night for passing anything intended for the

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-23030641539416024472007-10-29T07:15:00.000-04:002007-10-29T07:34:57.334-04:00

On Friday, former Chief Justice Joseph Boyd passed away. He was 90. His body is expected to lie in state today at the Florida Supreme Court. This story from the Tallahassee Democrat offers some details on the former justice's life. This AP story adds some -- but, no doubt out of respect, not many -- details about Justice Boyd's involvement in one of the events that compromised our high court's

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-15842414527670389192007-10-26T11:05:00.000-04:002007-10-26T17:29:28.823-04:00

Last night, the Second District celebrated its fiftieth anniversary. Its equally aged sister courts, the First and Third Districts, held similar galas earlier this year. I was unable to attend the earlier events, but I was able to attend the Second District's function yesterday. It was well done. Numerous speakers, featuring former Justice Stephen Grimes, who served on the Second District from

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-79522447898032064002007-10-25T08:40:00.000-04:002007-10-25T08:51:08.574-04:00

If I was slightly correct in calling PIP the product of politics, I am more so in characterizing the current property tax imbroglio a political creature. Let's take a few moments to assess. For the better part of the last two decades, Florida's constitution has afforded all owners of homestead property the famous (or, to some, infamous) "Save Our Homes" protection, which recognizes that

Matt Conigliarotag:blogger.com,1999:blog-5556257.post-14861227988025672942007-10-22T10:07:00.001-04:002007-10-22T10:54:39.948-04:00

Perhaps you recall this earlier post on how the Florida Supreme Court has considered amending rule 9.310 to harmonize it with this new law on stays and supersedeas bonds. On Friday the court released this order, which explained the court has unanimously decided "no revision is to be made at this time." That decision leaves in place a judicial rule that without question conflicts with a

Matt Conigliaro