terry's takes
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November 13, 2024
3rd dca, punitive damagesSommers v. Philip Morris USA, Inc.
The estate of a deceased smoker suing for wrongful death could not seek punitive damages from a tobacco company. Defendants are entitled to setoff for prior amounts for punitive damages that punish the same conduct in a subsequent case. Though punitive damages were theoretically available for the non-intentional and intentional torts, because the jury only awarded $1 million in compensatory damages and because Philip Morris USA has already paid $198 million in punitive damages for the conduct in Engle cases (deluding non-smokers into thinking smoking was safe), Plaintiff would have to win more than $198 million. And even if a jury awarded that, the ratio of such punitive damages to only $1 million in compensatory damages would make the award unconstitutional.
read moreApril 9, 2024
3rd dca, hearsayCordovi v. State
A recent ruling clarified that a hearsay statement in a 911 call can be considered non-testimonial if made to seek assistance, rather than in response to police questioning or to create a record against someone. Such non-testimonial statements do not violate the Sixth Amendment’s Confrontation Clause and can be admitted in court. Under Florida’s hearsay rules, 911 calls may also qualify for exceptions like 'spontaneous statements' or 'excited utterances' if made during or immediately after the event, reflecting the caller’s perception or excitement, unless there are concerns about the statement’s reliability.
read moreApril 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 9, 2024
6th dca, premises liabilityJohnson & Krej Leasing, Inc.
Plaintiff was shot in a brawl at an Orlando strip club. Plaintiff did not sue the club or the company hired to handle security for the club. Instead, he sued the property owner and his management company, which he used to collect rent. Plaintiff won at trial, but the Sixth District reversed and remanded for entry of a directed verdict in the Defendants’ favor. The duty to reasonably protect against third-party violent acts falls on the party with control over the property. Here, that was the strip club, not the property owner. The club handled all day-to-day operations and hired and worked with a security company. Though the lease allowed the property owner to take back over the premises under certain conditions and to inspect or make repairs, that didn’t equal “control.”
read moreApril 9, 2024
3rd dca, service of processNavarro v. Borges
A contractor that controls and supervises a job site has the duty to provide a safe work site. A contractor can be held liable for a dangerous condition it negligently created or approved. Individual officers and agents of a contractor can be personally sued even for acts taken in the course of employment if they were personally “actively negligent.” There was evidence that the president of the contractor personally sent his employee to adjust a roof tarp without adequate safety equipment, so summary judgment in the president’s favor was reversed, and the case will be sent back down for trial.
read moreApril 9, 2024
4th dca, disqualification or recusal of judge, writ of prohibitionH.S. v. Department of Children and Families
The Fourth District Court of Appeal granted a Christian father’s petition for a writ of prohibition and required that a trial judge be disqualified largely because the judge used the transgender child’s preferred pronouns, which the father argued made him feel like he could not receive a fair hearing from the judge. The case was about DCF’s petition to reevaluated the child’s custody status in light of alleged psychological distress the father was causing to his child by refusing to acknowledge the child’s transgenderism.
read moreApril 9, 2024
georgia supreme court, no categoriesAdvisory Opinion to Att'y Gen. re Limiting Gov't Interference With Abortion
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.
read moreApril 9, 2024
3rd dca, disqualification or recusal of judge, writ of prohibitionPimienta v. Rosenfeld
The Third District Court of Appeal granted a petition for a writ of certiorari, overturning a trial judge’s decision to deny a motion for disqualification. The motion, deemed legally sufficient, alleged that the judge insisted on hearing a motion 'off the record,' refusing the presence of a court reporter. Under Florida law, a judge reviewing an initial disqualification motion must accept its allegations as true without fact-finding. Once grounds for disqualification are presented, denial of such a motion warrants a writ of prohibition as the proper remedy. The petition was granted, ensuring judicial impartiality.
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 moreApril 1, 2024
3rd dca, premises liability, sovereign immunity floridaCity of Miami Beach v. Menendez
In a recent ruling, the court confirmed that the City of Miami Beach holds a duty of care for public swimming areas it operates, such as South Beach. The city cannot claim sovereign immunity to avoid liability for known dangers within these areas, regardless of formal state park designation. By maintaining a public swimming facility, the city assumes the common law obligation to ensure safety, similar to a private entity. While a plaintiff's awareness of potential dangers may influence comparative negligence, it does not absolve the city of responsibility for addressing hazardous conditions.
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