By: Jorge Delgado The Florida Deceptive and Unfair Trade Practices Act, popularly known as FDUTPA, was designed to protect consumers from fraudulent and deceptive trade practices.  In a typical scenario, a Florida consumer would sue a company that transacts business in Florida over activities that occurred entirely in Florida. However, …

By Marko Cerenko Much has been written about the recent Florida Supreme Court case of Delmonico v. Traynor, which declined to extend Florida’s long standing absolute litigation privilege to statements made by an attorney during ex-parte, out of court questioning of a nonparty witness. Recently I came across an interesting twist …

By Jeffrey M. Berman Recently, I dealt with an interesting issue regarding a defendant’s request for prevailing party costs under Fla. R. Civ. P. 1.420 following a voluntary dismissal without prejudice.  The issue was whether the plaintiff’s voluntary dismissal without prejudice operated as an adjudication on the merits such that …

By Jamie L. Zuckerman Recently I have been involved in a couple of cases where the appellate process has been utilized to stall civil court proceedings. This usually involves the appeal of an interlocutory order or the appeal of a final judgment when post-judgment enforcement issues remain. Once your opponent …

By Meredith A. Nelson Rule 1.201 of the Florida Rules of Civil Procedure governs the types of cases that qualify as “Complex Litigation” for the purpose of being transferred to a Complex Business Litigation division section (“CBL”).  While parties may agree, by stipulation, to transfer a case into the CBL, …