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The Third District Court of Appeal granted State Farm’s writ of certiorari finding that the trial court departed from essential requirements of law when ordering
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
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 are “specific and precise sums of money immediately apparent from the express terms of the contract itself, or determinable therefrom by mathematical calculation,
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
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
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
Respondent sought emails between the Petitioner and his counsel pursuant to the crime-fraud exception found in Fla. Stat. § 90.502(4)(a) Respondent sought to demonstrate that
The Citizen’s insured, Pulloquinga, sustained a fire loss. After “contentious” litigation consisting of approximately 27 depositions taken from Jacksonville to Key West and multiple hearings,
Metropolitan Casualty Insurance Company sought certiorari review of an order of the Circuit Court, sitting in its appellate capacity, that affirmed the County Court’s ruling