terry's takes
Filtered by court: supreme court of floridaApril 9, 2024
supreme court of florida, no categoriesPlanned Parenthood of Southwest and Central Florida v. State of Florida
Receding from three of its own precedents, the Supreme Court of Florida has ruled that Florida’s constitutional privacy right, Art. I, § 23, does not protect a right to abortion. It held that the 2022 15-week abortion ban is constitutional under the Florida Constitution, and the Court’s decision will trigger a 6-week abortion ban. On the same day, in a 4-3 decision, the Supreme Court of Florida has approved for placement on the November 2024 ballot a proposed Florida Constitutional amendment that would, if approved by 60% of voters, protect a right to abortion through the time of fetal viability.
read moreApril 3, 2024
supreme court of florida, no categoriesAdvisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana
In a 5-2 decision, the Supreme Court of Florida approved the placement of a recreational marijuana amendment on the state’s November ballot. If 60% of voters support the amendment, recreational marijuana will be legalized in Florida. Justices Francis and Sasso dissented, expressing concerns over potential misleading aspects and single-subject rule violations in the proposed amendment.
read moreApril 3, 2024
supreme court of florida, no categoriesPlanned Parenthood of Southwest and Central Florida v. State of Florida
Receding from three of its own precedents, the Supreme Court of Florida has ruled that Florida’s constitutional privacy right, Art. I, § 23, does not protect a right to abortion. It held that the 2022 15-week abortion ban is constitutional under the Florida Constitution, and the Court’s decision will trigger a 6-week abortion ban. On the same day, in a 4-3 decision, the Supreme Court of Florida has approved for placement on the November 2024 ballot a proposed Florida Constitutional amendment that would, if approved by 60% of voters, protect a right to abortion through the time of fetal viability.
read moreApril 3, 2024
supreme court of florida, no categoriesAdvisory Opinion to Att'y Gen. re Limiting Gov't Interference With Abortion
Quick Take: In a 4-3 decision, the Supreme Court of Florida has approved for placement on the November 2024 ballot a proposed Florida Constitutional amendment protecting Floridians’ right to an abortion. At the time of the November 2024 vote, Florida law will contain a 6-week ban on abortion.
read moreMarch 25, 2024
supreme court of florida, no categoriesIn re Amends. To Fla. Rules of Gen. Prac. & Jud. Admin.
There are several amendments to the Rules of General Practice and Judicial Administration. Judges are required to report all matters to the chief judge that have been held under advisement for more than 60 days. Parties can file a motion to call attention to matters that have been pending for that long, and a new form was published for this. A new standard of 30 months for the life of a complex civil case now exists, and less complex ones are to take only 18 months from service to final disposition. Appeals are supposed to be resolved within 180 days from oral argument or the filing of the Reply Brief in non-OA cases. And parties are now required to file notices of inactive status for any case that has been stayed. Other minor changes were made.
read moreMarch 11, 2024
supreme court of florida, negligenceFaircloth v. Main Street Entertainment, Inc.
Florida’s “dram shop” act, which bars liability against shops that serve alcohol unless they “willfully and unlawfully” serve either a minor or a habitual drunkard, allows negligence and negligence per se cases, not just intentional torts. Negligence cases are subject to comparative negligence division of liability, while intentional torts cases are not. A trial court erred in barring a dram shop (bar) from receiving a jury instruction on comparative negligence because of its erroneous view that the case was an intentional tort case. At a new trial, the defendant can receive an instruction on comparative negligence.
read moreJune 29, 2023
supreme court of florida, statute of limitations florida, statute of repose, vicarious liabilityTsuji v. Fleet
the supreme court of florida resolved an express and direct conflict between the first and fourth dca regarding the statute of limitations for a negligence case against a deceased defendant. section 733.710(1), fla. stat. (2013), allows two years to bri...
read moreJune 15, 2023
supreme court of florida, attorneys fees, offer of judgmentCoates v. R.J. Reynolds Tobacco Company
The Supreme Court of Florida ruled that the offer-of-judgment statute (section 768.79, Fla. Stat.) is not a prevailing-party statute. In Coates' wrongful death suit, she served RJR with two settlement offers that were rejected, and later won substantial compensatory and punitive damages. Although RJR succeeded in reducing the punitive damages on appeal, the Court held that Coates could still recover appellate attorney’s fees if her overall judgment meets statutory requirements. The Court emphasized that while appellate success impacts fee reasonableness, it does not solely determine entitlement to fees.
read moreApril 27, 2023
supreme court of florida, motion for new trial, rehearingIn Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530
the supreme court of florida seems to have heard the complaints about its recent rule change. after amending the rule late last august to require that an alleged failure of a trial judge to made sufficient factual findings has to be preserved for appeal...
read moreMarch 30, 2023
supreme court of florida, rules of civil procedure floridaIn Re: Amendments to Florida Rule of Civil Procedure 1.453
the supreme court of florida has given birth to a brand new baby rule of civil procedure! rule 1.453 articulates how trial courts are to proceed when a juror in a civil case asks for trial transcripts or asks for trial testimony to be read or played back.
read moreFebruary 4, 2023
supreme court of florida, no categoriesIn Re: Amendments to Rules Regulating the Florida Bar-Chapters 6 and 21
the florida bar had asked the supreme court of florida to amend several rules, most of which were minor technical changes. the one notable change is that the court has deleted the procedure for certification in antitrust and trade regulation.
read moreFebruary 4, 2023
supreme court of florida, no categoriesIn Re: Amendments to Florida Rule of General Practice and Judicial Administration 2.320
the supreme court of florida has amended the rule on the judicial ethics cle requirements, deleting the statement that courses on “fairness and diversity” can be used to fulfill that requirement.
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