Author: Scott J. Edwards, P.A.
Florida Discovery Must Be Relevant and Proportional Under New Rules of Civil Procedure
Florida Rule of Civil Procedure 1.280‘s provisions on the scope of discovery have been extensively amended to mirror the Federal Rules of Civil Procedure. Florida Rule of Civil Procedure 1.280(c)(1) now states: “Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim of defense and proportional to the needs of
Proposal For Settlement Attorney’s Fees Can Be Recovered Even If Not Prevailing Party on Appeal
In an opinion issued on June 15, 2023, the Florida Supreme Court ruled that a party can be awarded its appellate attorney’s fees under a proposal for settlement even if that party does not prevail in its appeal. This ruling expands the availability of attorney’s fee awards on appeal. In Coates v. R.J. Reynolds Tobacco
Appellate Lawyers: Not Just For Appeals
When should a litigation attorney bring an appellate attorney onto a case? It’s not just at the end, after the judgment has been issued. Rather, an appellate attorney can be a valuable member of a litigation team during all stages of a litigation matter. An appellate lawyer is valuable as a strategic partner in the
Florida’s Sixth District Court of Appeal Establishes Practice Procedures
Florida’s new appellate court, the Sixth District Court of Appeal, began operations on January 1, 2023. The Sixth DCA has jurisdiction over appeals from the Ninth (Orlando area), Tenth (Lakeland area), and Twentieth (Fort Myers/Naples area) Judicial Circuits, and is headquartered in Lakeland. The Sixth DCA has issued its first set of administrative orders, governing
Florida’s New Sixth District Court of Appeal
This summer, the Florida Legislature enacted legislation that created a new Sixth District Court of Appeal, which will begin operating on January 1, 2023. The Sixth DCA will have jurisdiction over cases from the Ninth (Orlando area), Tenth (Lakeland area), and Twentieth (Fort Myers/Naples area) Judicial Circuits, and will have its headquarters in Lakeland. There
That’s Not What the Judge Said!
At the end of a hearing, it is common for a trial court judge to direct the prevailing party to draft the written order resulting from the hearing. Unfortunately, many attorneys abuse this opportunity by drafting one-sided orders that go far beyond the findings and rulings made in the trial court. Busy trial court judges
How Florida’s New Summary Judgment Rule Differs From The Federal Rule
The Florida Supreme Court amended Florida’s summary judgment rule last year to closely resemble the Federal summary judgment rule. Even so, recent decisions from Florida’s appellate courts discuss several important distinctions between the Florida and Federal rules that exist despite the amendment. The Nonmoving Party Must File a Response In Lloyd S. Meisels, P.A. v.
PERSONAL JURISDICTION ARISING FROM INTERNET TORTS
In today’s connected society, many relationships and transactions cross state and national boundaries. Thus, the question of whether Florida courts have jurisdiction over an action can frequently be unclear, especially in instances where conduct occurs over the internet. This article examines the extent to which out-of-state torts committed via the internet can confer personal jurisdiction
How To Take Elon Musk’s Deposition
Imagine that you represent a client that was injured in a collision with a Tesla. You suspect, based on the facts you’ve gathered so far, that the vehicle’s autopilot system had something to do with causing the crash. If you sued Tesla, could you compel Elon Musk’s deposition? Florida has recently adopted the “apex doctrine,”
Improve Your Legal Writing By Eliminating Archaic Phrasing
Many lawyers are guilty of using excessive legalese in their legal writing. Lawyers still use many words and phrases that have long fallen out of fashion in everyday usage. There are many reasons for this: Some writers think legalese sounds more “lawyerly” or formal. Others simply continue to regurgitate outdated terms learned from law school
