Carlin v. Javorek
The issue was whether the Supreme Court should exercise its discretionary jurisdiction to review of the Fourth District Court of Appeal’s reversal of a trial court’s order denying an award of attorney’s fees to our client.
The Fourth District Court of Appeal recently reversed a trial court decision holding that our client was...
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Reverses Order Dismissing Suit Entered Following Hearing Noticed Only as Status Conference
Marcline v. Florida Insurance Guaranty Association, 4D09-4948
May 25, 2011
The Fourth DCA recently reversed a trial court order dismissing the appellants’ case with prejudice entered following a status conference. The appellants had filed a claim with the Florida Insurance Guaranty Association (“FIGA”) after their insurer became insolvent. The appellants eventually sued for breach of contract...
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Specificity Needed to Support Jury Award for Lost Profits Based on Defamation, But Not for General Damages to Reputation
NITV, L.L.C. v. Baker, 4D10-1503
May 25, 2011
NITV appealed an adverse jury verdict in the amount of $575,000, based upon Baker’s defamation claim. Baker and NITV were in competition, as they both distributed and provided training for similar “truth verifier” software programs used by law enforcement agencies. NITV prepared two documents, one of which was...
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Circumstantial Evidence Must Rebut Any Reasonable Hypothesis of Innocence to Withstand a Motion For Judgment of Dismissal
D.F.J. v. State of Florida, 4D10-1763
May 25, 2011
The Fourth District addressed a juvenile defendant’s appeal of conviction for aggravated battery and robbery with a weapon. The evidence showed that the defendant and codefendant were present in the victim’s backyard, drinking beer with the victim and another man. At some point, the victim was grabbed...
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Fourth DCA Holds Order Dismissing Action for Failure to Attend Case Management Conference Insufficient Without Finding of “Willful and Contumacious Conduct”
Dedmon and Kelly v. Kelly, 4D09-3572
May 18, 2011
The Fourth District wrote to address an appeal from an order of dismissal of appellants’ complaint for failure to appear at a case management conference. A clerk’s default was entered in favor of appellants, and the appellee’s motion to set aside default was denied by the magistrate...
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