Law

On Appeal

Florida Supreme Court

Should Stand Your Ground Apply To Felons?

Jack Fleischman said his client, a felon involved in a shooting outside a strip club, only did what was necessary to save his life and should be afforded protections from the stand your ground law.

U.S. Court of Appeals for the Eleventh Circuit

Debtors Allowed To Strip Away Valueless Junior Liens

By Noreen Marcus |

Thanks to the U.S. Court of Appeals for the Eleventh Circuit, a majority of courts allow debtors to strip away valueless junior liens from homesteads once they complete their Chapter 13 payments.

Practice Areas: Bankruptcy

U.S. Court of Appeals for the Eleventh Circuit

Old Switcheroo: Court Issues Opinions In Same Case 4 Days Apart

A federal appeals court changed its mind in opinions issued four days apart in a Miami case alleging debt-collection robocalls under the Telephone Consumer Protection Act.

Practice Areas: Appellate Law - Civil , Banking and Financial Institutions

Fourth District Court of Appeal

Who Has Dibs On Rothstein Saga? 4th DCA Says Florida, Some Argue NY Does

4rth DCA Judge Martha Warner wrote that if a tortious act over the Internet is directed at Florida and its residents then the courts of Florida should be open to its resolution.

Practice Areas: Appellate Law - Civil , Internet Law , Jurisdiction

Florida Supreme Court

Battle Of Shock Jocks Results In Three Bar Complaints

By Noreen Marcus |

A tale of battling radio shock jocks, a tipsy paralegal and a DUI stakeout in downtown Tampa has ended up with a referee reviewing three Florida Bar complaints.

First District Court of Appeal

1st DCA Antes Up Summer Jai-Alai Permit In Crowded Gambling Field

By Noreen Marcus

Fort Lauderdale attorney Bruce David Green said the First DCA ruling is "going to create new opportunities for expanded gaming."

First District Court of Appeal

Convicted Rapist's Pro Se Attempt For Parole Rejected

By Noreen Marcus |

Ever since Arthur O'Derrell Franklin was sentenced to 1,000 years in prison for savagely raping three women in 1983 when he was 17, timing and circumstances have conspired against him.

U.S. Court of Appeals for the Eleventh Circuit

Two Courts, Two Losses For Tribes

By Noreen Marcus |

Indian tribes lost a pair of sovereignty arguments: a state tax ruling by the U.S. Court of Appeals for the Eleventh Circuit and a child custody ruling by the Third District Court of Appeal.

Practice Areas: Family Law , Taxation , Native American Law

U.S. Court of Appeals for the Eleventh Circuit

11th Circuit Sends Back Case On Autodialed Calls

By Noreen Marcus |

Giving a pro-plaintiff tilt to a crucial part of the U.S. Telephone Consumer Protection Act, the federal appellate court for Florida, Georgia and Alabama revived a case that resounds with hundreds of autodialed calls.

Practice Areas: Consumer Protection , Appellate Law - Civil

Florida Supreme Court

Florida Supreme Court Reinstates $1.57 Million For Man Hit With Tomahawk

By Noreen Marcus |

The team of Stewart Williams, Phillip Hubbart, Lauri Waldman Ross and Theresa L. Girten persuaded the Florida Supreme Court to overturn the Third District Court of Appeal in a case stemming from a Pinecrest bar fight.

Practice Areas: Torts , Personal Injury , Appellate Law - Criminal

Fourth District Court of Appeal

Wrong Name Doesn't Help Kubicki In Malpractice Case

By Noreen Marcus |

The Fourth District Court of Appeal revived a legal malpractice case against Kubicki Draper rather than letting it die over an incorrect name.

Third District Court of Appeal

Law Firm Finally To Be Paid Some 15 Years After Ford Explorer Case

A Coral Gables attorney and his firm will finally be paid $114,250 for their labors in the late 1990s that helped bring about a $19 million settlement for the family of a teenager killed in a Ford Explorer rollover.