Florida Supreme Court News

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 …

Florida High Court Delays Ruling on Citizens’ Immunity

The Florida Supreme Court has put off a decision on whether Citizens Property Insurance Corp. can use its status as a state-backed entity to avoid lawsuits. The high court ruled in a 5-2 opinion on Thursday that Citizens prematurely appealed …

3 ‘Liberal’ Florida Justices Win Retention Bids

Three Florida Supreme Court justices easily won a retention bid Tuesday despite an unprecedented push by the Republican Party of Florida to oust them after several rulings the party disliked. Justices R. Fred Lewis, Barbara Pariente and Peggy Quince each …

Florida Supreme Court Asked to Settle Smokers’ Punitive Damages

An appellate court wants the Florida Supreme Court to resolve a question on punitive damages in cases involving sick smokers. A 1st District Court of Appeal panel this week split 2-1 in affirming a trial judge’s refusal to allow punitive …

Florida Amendment 5 Would Shift Supreme Court Power

The Florida Legislature would gain greater authority over the state Supreme Court and the rules governing state courts if voters approve constitutional Amendment 5 in the Nov. 6 election. The proposal, pushed through the Legislature by outgoing Republican Speaker Dean …

Court Upholds Florida Medical Malpractice Notification Rules

The Florida Supreme Court has ruled that refiled medical malpractice lawsuits must follow new state laws. The high court in a unanimous opinion dismissed a lawsuit by Curtis Myers, who alleged medical malpractice after he suffered a stroke in 2006. …