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Filtered by court: 1st dca

March 12, 2024

1st dca, negligence duty, summary judgement standard

Casey v. Mistral Condo. Ass'n, Inc.

A third-floor balcony gave way due to wood rot that a condo association knew about for years but had neglected to repair. Even though everyone in pretrial discovery agreed that the Association had the duty to repair the balconies (and had repaired other balconies), the trial court granted summary judgment to the condo association, holding that the governing condo documents placed the duty of repair on the unit’s owner and that testimony to the contrary was barred under the parol evidence rule. Reversing, the DCA held that the parol evidence rule only bars evidence of intent prior to or at the time of the contract, not testimony about subsequent oral agreements that contradict, vary, defeat or modify a written agreement. While duty is normally a matter of law, where the duty arises from contract and there is an argument that the contract is vague, a genuine dispute of fact on the meaning of the contract is an issue for the jury, not the judge, to resolve, so summary judgment was improper.

March 11, 2024

1st dca, attorneys fees, discovery, privilege attorney client, writ of certiorari

Pitts v. Neptune

The First DCA applied Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc., 228 So. 3d 18 (Fla. 2017), which held that a lawyer’s referral of a client to a treating physician and the financial relationship between a non-party law firm and a plaintiff’s treating physician, is not discoverable. The DCA held that Worley did not bar a trial court from ordering discovery of the total amount of money paid by Plaintiffs attorney to “hybrid treating physician” expert witnesses, treating physicians who planned to testify about medical records of other physicians and who were provided with “litigation binders” to prepare for trial. Essentially, testifying beyond their own treatment of the patient cost them their status as treating physicians and opened the door to financial discovery. Judge Tanenbaum’s concurrence opined that discovery orders based on court rules (such as “overbroadness” objections) rather than constitutional or statutory rights can never qualify for certiorari relief. He opined that the attorney-client and privacy arguments were not proper because the appendix to the cert petition did not show objections or privilege logs asserting those type of objections. He also opined (dissenting from the majority’s provisional grant of fees to Respondents) that trial courts, not appellate courts, are the courts with jurisdiction to award or deny fees from an original writ proceeding, which he does not view as appellate fees.

February 23, 2024

1st dca, medical malpractice presuit, sovereign immunity florida, wrongful death

Fagan v. Jackson County Hospital District

In this Florida case, the court dismissed a wrongful death claim against Jackson County Hospital District due to missed statutory notice requirements. The plaintiff failed to notify the Florida Department of Financial Services (DFS) within the two-year deadline required under Fla. Stat. § 768.28(2) for suing state agencies. Although the plaintiff argued that the presuit tolling provisions for medical malpractice should extend the notice period, the court held that these provisions apply only to filing deadlines, not to statutory notice requirements for state entities. The District Court of Appeal affirmed the dismissal, emphasizing the strict interpretation of sovereign immunity laws.

February 23, 2024

1st dca, civil rights, summary judgement standard

Pickford v. Taylor County School Disctrict

In unusually harsh language, the First DCA reversed Circuit Judge Darren K. Jackson of Taylor County for granting summary judgment in favor of the Taylor County School District on a claim of racial discrimination. The court said that all of the reasons given by the trial court for rejecting the plaintiff’s allegations of discrimination were legally or factually incorrect.

October 23, 2023

1st dca, premises liability, summary judgement standard, transitory foreign substance, vicarious liability, writ of certiorari, writ of quo warranto, wrongful death

Garcia v. Southern Cleaning Service, Inc.

Southern Cleaning contracted with Winn-Dixie Stores, Inc., a grocery store chain, to provide janitorial services. Then, Southern Cleaning subcontracted that work to PAM Cleaning, Inc., an independent contractor.

June 14, 2023

1st dca, motion to quash service, personal jurisdiction, service of process

Retherford v. Kirkland

after the personal and business relationship of two individuals soured, ms. retherford sued mr. kirkland to attempt to walk away with their shared business. mr. kirkland was sued in bay county, florida, and service of process was given to his adult daug...

May 19, 2023

1st dca, venue

Pocock v. Pocock

transferring venue may have just gotten harder in the zoom era. the litigation arises from an intrafamily dispute over proceeds from the sale of the tallahassee home of pocock's late son, john pocock.

May 17, 2023

1st dca, continuance, summary judgement standard

Beasley v. United Casualty Insurance Company of America

The First DCA affirmed the denial of Beasley’s motion for a continuance of a summary judgment hearing. Beasley argued that a recent surgery prevented him from responding, but the court found this unconvincing, noting that counsel was cleared to work 17 days before the hearing, had ample time before surgery to respond, and that a second attorney was available but not utilized. The appellate court determined there was no abuse of discretion in the trial court's decision.

May 10, 2023

1st dca, defamation, internet service provider liability, libel, motion to dismiss, personal jurisdiction, summary judgement standard

White v. Discovery Communications, LLC

okay, here’s a fun one. nathaniel white shares a name with a serial killer from new york. a reality/crime tv show entitled “evil lives here” aired an episode called “i invited him in” that featured the serial killer, mr. white. but—doh!--the show actual...

May 3, 2023

1st dca, petition for certiorari

Whitten 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 ...

April 12, 2023

1st dca, sovereign immunity florida

Emerald Coast Utilities Authority v. Thomas Home Corp.

Thomas Home Corp. sued Emerald Coast Utilities Authority (ECUA) over sewer permit denial due to insufficient lift station capacity. ECUA claimed sovereign immunity with a $200,000 liability cap, but the trial court denied summary judgment. The First District Court of Appeal affirmed, allowing interlocutory appeal on sovereign immunity, but held the facts needed further development. Special concurrences debated the timing and applicability of statutory damage caps for sovereign entities. Full opinion available.

April 12, 2023

1st dca, medicaid lien

K.H. v. Agency for Health Care Administration

appellant settled a lawsuit for more than $350,000 after being seriously injured by a criminal act committed at a commercial property. by the time of the settlement, ahca had paid over $120,000 for appellant’s medical care under the medicaid program. ac...

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