On Appeal

Daynard, Richard- President, Tobacco Control Resource Center, Inc., and Chair, Tobacco Products Liability Project, Northeastern University Law School, Boston Mass. Editor of the Tobacco Products Litigation Reporter.

Another Florida Court Scorns Stale Engle Tobacco Defense

By Noreen Marcus |

The Second District Court of Appeal lines up with others on a preemption issue heading for the Florida Supreme Court in November.

Judge Adalberto Jordan.

Florida Supreme Court Gets Construction Defect Insurance Question

By Noreen Marcus |

A federal appeals court asks the Florida Supreme Court whether it's right for an insurance company to balk at paying legal costs on pre-suit construction defect claims.

Eleventh Circuit Judge Beverly Martin. Photo by Tony Benner/Omega Media Group

US Supreme Court Takes on Shotgun Sentencing Appeal

By Noreen Marcus |

The treatment of requests for resentencing by the Atlanta federal appeals court will reach the U.S. Supreme Court in its next term.

Aaron Delgado, Daytona Beach Florida. Website Photo

Florida DUI Defense Lawyer Asks What About Pot?

By Noreen Marcus |

After the U.S. Supreme Court weighs in on warrants in drunken-driving cases, the Florida Supreme Court is asked to remand a case on breath tests.

Multidistrict Denture Cream Dispute Unravels on Appeal

By Noreen Marcus |

Some product liability cases end with the parties collaborating on a resolution, while others grind on for years until one side falters and the other conquers. Multidistrict litigation over denture cream with zinc that allegedly hurt users is getting resolved both ways.

Jeffery Lee Allen of the Law Office of Jeffery Allen & Associates.

Fourth District Reopens Negligent Security Case After High Court Ruling

By Noreen Marcus |

The former owner of a Plantation apartment complex where two siblings were killed persuaded the Fourth DCA to reconsider the case after an adverse ruling by the Florida Supreme Court.

06/30/16-- Nancy G. Abudu, Legal Director, American Civil Liberties Union Foundation of Florida, (ACLU)Miami, Fl.

With Abortion Laws in Flux, Federal and State Courts Review Limits

By Noreen Marcus |

Federal and state judges in Florida are hearing challenges to abortion restrictions and have a fresh U.S. Supreme Court decision to analyze.

Justices Express No Mercy for Lawyers in Tampa DUI Plot

By Noreen Marcus |

Two lawyers who plotted to ensnare an opposing counsel in a drunken-driving arrest ask the Florida Supreme Court for something less than permanent disbarment.

Mark G. DiCowden

Man Whose Life Was 'Ruined' Wins New Trial for Bank's False Alarm

By Noreen Marcus |

The Florida Supreme Court orders a new trial for a bank customer whose life changed for the worse when a Bank of America teller frantically pushed a silent alarm, thinking he might be a robber.

Peggy Quince

Uneasy Florida Justices Weigh Gun Control

By Noreen Marcus |

The Florida Supreme Court considers issues with both open carry and concealed weapons.

Jorge Labarga

Florida Supreme Court Upholds Tax on Internet Flower Sales

By Noreen Marcus |

The court requires sales tax no matter where an online florist's customers are and no matter where the flowers are delivered.

Safe at Any Speed? Cadillac Attracts a Class Action

By Noreen Marcus |

A federal appeals court approves class certification for Florida buyers of a 2014 Cadillac CTS who say they were deceived by a false window sticker on safety ratings.

Florida Supreme Court Takes On Open-Carry Case

By Noreen Marcus |

The case of a man walking down the street with a holstered .38-caliber pistol raises all kinds of gun-rights issues.

5/12/16-  Jonathan Mann with The Law Offices of Robin Bresky, West Palm Beach

Florida Supreme Court Sides With Silent Suspects

By Noreen Marcus |

A woman's silence before she was arrested in her ex-husband's shooting death cannot be used against her as evidence of guilt, the Florida Supreme Court rules.

Tampa Lawyer Wants Florida License and Due Process

By Noreen Marcus |

A former Tampa lawyer is trying to get her bid for readmission heard on the merits, which is not an option under Florida Bar rules.

Barbara J. Pariente

Florida Supreme Court Workers' Comp Fee Ruling Signals Unease With Law

By Noreen Marcus |

The court decides two workers' compensation cases, ruling in one in favor of the plaintiffs bar on attorney fees. But one major case is still pending.

Ray Taseff

Winner in US Supreme Court Houseboat Case Still Underwater

By Noreen Marcus |

On appeal, a former commodities trader whose houseboat was demolished by Riviera Beach is seeking reimbursement for his home and a new trial in a false arrest case.

Stanley Marcus is a federal judge on the United States Court of Appeals for the Eleventh Circuit.

Two-Week Delay Costs Bank $6.2 Million in Bad Faith Case

By Noreen Marcus |

A federal appeals court rules for the operator of a defunct imaging company and against U.S. Bancorp in a case that hinged on filing deadlines.

Mark L. Zientz, the Law Offices of Mark L. Zientz.

Justices Seem Unlikely to Overhaul Workers' Comp System

By Noreen Marcus |

A workers' compensation appeal that bubbled up through the administrative law process has trouble attacking the system.

Demonstrations outside the U.S. Supreme Court on the day of arguments in the cases involving same-sex marriage, Obergefell v. Hodges. April 28, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Florida Gay Rights Advocates Win Case 9 Months After High Court Victory

By Noreen Marcus |

A federal judge issues summary judgment in an order highly critical of Florida state agencies in companion same-sex marriage cases.

Joel Perwin

Lawyers Want High Court to Turn Back Clock in Workers' Comp Appeal

By Noreen Marcus |

The Florida Supreme Court is being asked to consider whether to uphold a no-fault workers' compensation law under attack by employees as "eviscerated."

Third DCA Preserves Citizen Oversight of Miami Police

By Noreen Marcus |

The Third DCA produced an unusual and stronger second panel opinion three years after first ruling the city had the authority to create a citizens review board.

Yechezkel Rodal, a Fort Lauderdale attoreny represented the consumer in a Truth in Lending Act.case he lost in the Eleventh Circuit.

Eleventh Circuit Channels Scalia in Truth in Lending Case

By Noreen Marcus |

A decision by Circuit Judge William Pryor cites a book by the late Justice Antonin Scalia is rejecting a consumer appeal.

Florida Supreme Court

Florida Supreme Court May Enter Abortion Fray

By Noreen Marcus |

A Gainesville abortion case that may go to the Florida Supreme Court tracks the Texas abortion tumult in the U.S. Supreme Court.

Court Considers Second Solar Ballot Initiative

By Noreen Marcus |

The wording of a utility-backed constitutional amendment on solar power comes before the Florida Supreme Court for review.

A mature Bald Eagle perched on a branch.

Bald Eagles Muddle Land Donation in Tax Case

By Noreen Marcus |

Coral Gables attorney Hugh Culverhouse Jr. successfully fought the IRS over 82 acres of land in Sarasota County that he donated.

Benjamin Waxman

How Murky Video, Dead Lawyer Won a New Murder Trial

By Noreen Marcus |

The Florida Supreme Court decided the trial lawyer of a nearly-16-year resident of death row so mishandled his defense as to render ineffective assistance of counsel.

Richard J. Ovelmen.Carlton Fields Jorden Burt.Shareholder.

Miami Took Man's Boat/Home, Now Fights Him in Court

By Noreen Marcus |

James Hoefling is suing the city of Miami after his sailboat that he lived on was junked by Miami in an "ugly boat" cleanup program.

10/16/12-- Miami-- Raoul G. Cantero, with White & Case.

Death Row Case May Reveal Life After Hurst

By Noreen Marcus |

Under the backdrop of the U.S. Supreme Court voiding Florida's capital sentencing scheme, the Florida Supreme Court hears a critical case concerning death penalty sentencing.

Judge Urges Fairness in Foreclosure Actions

By Noreen Marcus |

Second DCA Judge Chris Altenbernd encouraged trial judges to monitor the impacts on foreclosed homeowners and renters caused by buyers of foreclosed properties participating in a bank foreclosure action.

Cory Ciklin

Tobacco Issue Pits State Vs. Federal Court

By Noreen Marcus |

With a federal appellate court victory under their belt, Big Tobacco attorneys marched into a Florida state court and tried to leverage their winning argument. But their argument was a nonstarter with the Fourth District Court of Appeal.

Kenneth Welt, senior trustee, United States Bankruptcy Court

11th Circuit Says South Florida Bankruptcy Trustee Overreached

By Noreen Marcus |

A federal appeals court rules bankruptcy trustee Kenneth Welt went too far when he moved a state assignment for the benefit of creditors to bankruptcy court.

Robin Rosenbaum

Court Rules Cell Phone Abandoned in Child Porn Case

By Noreen Marcus |

U.S. Circuit Judge Robin Rosenbaum ruled the defendants abandoned their cell phone and therefore had no standing to challenge the phone's seizure.

Pro-Gun Forces Expected to Persevere After Court Defeat

By Noreen Marcus |

The gun-rights group Florida Carry is busy suing to get weapons on public university campuses, an appellate courts are reviewing cases.

Jeffrey Tew with Rennert Vogel Mandler & Rodriguez, PA,

Tampa Trio Has 'Laundry List of Abhorrent Conduct'

By Noreen Marcus |

A judge found that three Tampa lawyers conspired with a paralegal to arrange the arrest of their adversary in a high-profile defamation trial.

Judge Richard J. Suarez, Third District Court of Appeal.

Did 3rd DCA Have Last Word on Waterfront Plan?

By Noreen Marcus |

Judge Richard Suarez said the former owner of Monty's Raw Bar lacks standing to sue Miami over a redevelopment plan, and even if he did have standing, he waived it by participating in the selection process.

Close-up shot of a solar panel

Coral Gables, Others Oppose Lifting Solar Restrictions

By Noreen Marcus |

Tallahassee lawyer Floyd Self, who grew up in Coral Gables, fears a large solar facility unregulated in the middle of residential housing.

Theodore Leopold, with Cohen Milstein Sellers & Toll PLLC..

Red-Light Camera Mega-Case Inches Forward

By Noreen Marcus |

Plaintiffs attorneys argue cities such as Hollywood have improperly ceded to a private contractor a city's power to decide whether any given caught-on-camera driver ran a red light.

Criminal defense lawyer Richard Houlihan

Confusion Reigns in Stand Your Ground Decisions

By Noreen Marcus |

Criminal defense attorney Richard Houlihan said it is likely the Florida Supreme Court will take an interest in whether confusion over Stand Your Ground jury instructions creates reversible error.

Amicus Brief Links Citizens, Workers' Comp Cases

By Noreen Marcus |

Workers' compensation attorneys are linking a bad faith case decided in favor of Citizens Property Insurance and state law on attorney fees in workers' comp case.

U.S. Court of Appeals for the Eleventh Circuit

Lincoln-era Law Kills Ex-banker's Whistleblower Claim

By Noreen Marcus |

The U.S. Court of Appeals for the Eleventh Circuit reached back to an Abraham Lincoln-era edict when it denied a former bank loan officer the right to sue his ex-employer under Florida law.

4th DCA

Woman Wins New Trial in Ex's Civil Theft Case

By Noreen Marcus |

4th DCA Judge Alan Forst wrote that introducing an embezzlement charge from a previous case "may not have been the featured event in the trial, but it played a prominent role and thus its prejudicial impact cannot be deemed to be 'harmless.' "

Appellate Ruling Good News for Bankruptcy Lawyers

By Noreen Marcus |

The U.S. Court of Appeals for the Eleventh Circuit ruled a bankruptcy judge can award fees spent to sustain the judge's dismissal order at the appellate level and the judge has the discretion to award fees and costs incurred to prosecute bad faith claims for damages.

11th Circuit Court of Appeals

Overlooked Law Costs Inmates Suing for Kosher Diet

By Noreen Marcus |

A federal appeals judge finds no wriggle room to consider an inmate's request after a temporary injunction expired.

Foreclosure

Servicers Must Improve Procedures in Light of 'Holt'

By Eddy Leal |

The Fourth District Court of Appeal in Holt v. Calchas' is a wake-up call for servicers to improve their policies and procedures, and pay attention to their corporate witnesses.

Here's Why the 3rd DCA Piled on More Sanctions Against Attorney

By Noreen Marcus |

The Third District Court of Appeal orders attorney Kelsay Patterson to pay new sanctions "for advancing a frivolous appeal" in a case against Homestead city government.

Frank A. Shepherd

Chief Judge Scolds Lawyers in $1.25M Default Debacle

By Noreen Marcus |

3rd DCA Judge Frank Shepherd implied precedent compelled him to favor a negligent lawyer over an attorney who made questionable moves “for reasons known only to him.”

Legal Aid Supporters Point to Guardianship Case

By Noreen Marcus |

As the population ages and funding declines for publicly supported legal services, more and more people are finding themselves in Ursula Silveira's shoes, a non-lawyer trying to provide legal representation to her ill sister.

Who Gets to Keep Court Registry Fee? Miccosukee Tribe Does in This Case

By Noreen Marcus |

A state appeals court rules the tribe should get back its $72,000 fee spent successfully appealing a $4 million judgment.

4th DCA

4th DCA Tackles Stand Your Ground, Once Again

By Noreen Marcus |

Attorney Bruce Zimet, a stand your ground expert, said courts struggle with stand your ground because of the drafting of the law. "What in the world is 'unlawful activity'? It's not defined," Zimet said.

Judicial Fundraising Case Recalls Florida's Corrupt Past

By Noreen Marcus |

Former reporter Martin Dyckman, whose book is a key part of the judicial fundraising case, said, "Anything we can do to put some kind of fire wall between the judge and the hustling of money is not only right but necessary."