terry's takes
Filtered by category: petition for certiorariMay 3, 2023
1st dca, petition for certiorariWhitten v. Clark
the first district issued an exceedingly short opinion denying a petition for certiorari that is, nevertheless, chilling. the opinion is short on facts, but it appears that a trial court ordered a civil litigant to surrender his smartphone passcode and ...
read moreMarch 25, 2023
3rd dca, petition for certiorari, punitive damagesFederal Express Corp. v. Gadith Sabbah
In Federal Express Corp. v. Gadith Sabbah, the Third DCA addressed whether FedEx could challenge the trial court's order allowing a punitive damages claim through appeal or certiorari. Due to procedural timing, the DCA ruled that FedEx's challenge fell under certiorari rather than appeal, applying a more restrictive standard. With no departure from procedural requirements found, the court denied FedEx’s cert petition but left the door open for appeal after a final judgment. Full opinion available.
read moreFebruary 11, 2023
2nd dca, medical malpractice, motion to dismiss, petition for certiorari, writ of certiorariHalsey v. Hoffman
ms. hoffman sued dr. halsey and two medical businesses for defamation per se, slander per se, and negligent and intentional infliction of emotional distress. hoffman alleged that dr. halsey, an asthma, allergy, and immunology specialist, falsely and mal...
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