Motion to Dismiss Standard
January 30, 2016
No Comments
A motion to dismiss tests the legal sufficiency of the complaint. Bess v. Eagle Capital, Inc., 704 So.2d 621 (Fla. 4th DCA 1997) A court may not go
FLORIDA RULES OF CIVIL PROCEDURE
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Month: January 2016
Affirmative Defenses May Be Raised in Limited Circumstances in a Motion to Dismiss
January 30, 2016
No Comments
Affirmative defenses cannot be raised by a motion to dismiss, unless “the face of the complaint is sufficient to demonstrate the existence of the defense.”
Liquidated Damages
January 30, 2016
No Comments
Liquidated damages are “specific and precise sums of money immediately apparent from the express terms of the contract itself, or determinable therefrom by mathematical calculation,
Conflicting Evidence Precludes Entry of a Judgment Notwithstanding the Verdict
January 30, 2016
No Comments
Facts In a slip fall case, the Plaintiff was unable to articulate why she fell. However, Plaintiff produced photographs and expert testimony of steps in
Directed Verdict
January 30, 2016
No Comments
A directed verdict is not appropriate in cases where there is conflicting evidence as to causation. Sanders v. ERP Operating Ltd. P’ship, 157 So.3d 273
Fourth District Fails to Weigh in on Whether the Insured May Amend the Complaint to Add a First Party Bad Faith in Lieu of Filing a New Action
January 29, 2016
No Comments
The insurer appealed from an underlying partial final judgement rendered by the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County in favor of
Uninsured Motorist Award
January 27, 2016
No Comments
The trier of fact may award damages in excess of the claimant’s policy in a UM action, but those damages are generally not reduced to
The Florida Rules of Civil Procedure Are an “Integrated Whole”
January 27, 2016
No Comments
The Florida Rules of Civil Procedure on a given subject are intended to be an “integrated whole in which all provisions relating thereto are to
Fourth District Fails to Weigh in on Whether the Insured May Amend the Complaint to Add a First Party Bad Faith Claim in Lieu of Filing a New Action
January 26, 2016
No Comments
The insurer appealed from an underlying partial final judgement rendered by the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County in favor of
ERSIA Plan Loses Claim for Reimbursement at the US Supreme Court
January 22, 2016
No Comments
The Supreme Court ruled that an ERISA plan could not recover settlement funds dissipated on non-traceable items, such as food or travel, from the from