terry's takes
Filtered by court: generalMarch 9, 2024
general, arbitrationFlying Panda Fla., LLC v. Rutherford
The DCA reversed a trial court's decision denying Flying Panda’s motion to compel arbitration in a case involving a customer injury at the trampoline park. Plaintiff Rutherford had signed a waiver that included an arbitration clause. Although Rutherford challenged the waiver’s validity due to an exculpatory clause, the DCA held that under Florida law, arbitration clauses are severable, and any challenge to the contract's validity should first be addressed by the arbitrator unless specifically targeting the arbitration clause itself. The court ruled that the trial court should have enforced the arbitration clause and remanded with instructions to compel arbitration
read moreMarch 7, 2024
general, preservationChiarella v. Ford
Florida courts remind plaintiff attorneys: when a jury verdict appears legally inconsistent, counsel must specifically request that the court resubmit the case to the jury before discharge to preserve the issue for appeal. In a recent negligence case, the jury's findings seemed contradictory, as it attributed the plaintiff's spinal surgery to the defendant's negligence but found no permanent injury. Despite an objection, the lack of a direct request for the jury to reconsider led the DCA to affirm the trial court’s decision, highlighting the need for specific procedural steps to address inconsistent verdicts.
read moreMarch 6, 2024
general, attorneys feesPalmer v. Felicetti L. Firm, PLLC
In a recent ruling, the Fourth DCA clarified that discharged attorneys hired under a contingency fee agreement can recover fees based on quantum meruit, but only up to the maximum allowed under their original fee agreement. In this personal injury case, the client’s former counsel, discharged before the case concluded, was limited to a fee of $80,000, reflecting 40% of a $200,000 settlement offer made prior to discharge, instead of the $110,000 initially awarded. The decision underscores the importance of fee limits in contingency agreements. The case was reversed in part and remanded.
read moreMarch 4, 2024
general, default judgment, rule 1 540 motion, service of processWu v. Alem
In a recent case, the Third DCA ruled in favor of plaintiff Timothy Wu, reversing the trial court’s decision to vacate a default judgment against Matias Alem and his company, Right Move Real Estate. Alem challenged the service of process, claiming he was not personally served, but the court upheld the service’s validity since the return of service met statutory requirements, and Alem provided no corroborating evidence to refute it. The DCA found no excusable neglect or meritorious defense on Alem’s part, leading to a reinstatement of the default judgment for Wu.
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