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 …

This week, Todd Levine comments on the recent Supreme Court case of DK Arena, Inc. v. EB Acquisitions, LLC. On March 28, the Florida Supreme Court issued an opinion in DK Arena, Inc. v. EB Acquisitions, LLC, which upheld the Statute of Frauds in the face of a claim of equitable estoppel. …

By Philippe Lieberman Florida’s Collateral Source Rule is often overlooked in landlord-tenant disputes.  Under the rule, an injured party may recover full damages from a tortfeasor even if the injured party recovers money from an independent third-party such as an insurer.  This rule is often overlooked by litigators but can …

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 Philippe Lieberman On Friday, downtown cleared out by lunchtime as employees fled in anticipation of Miami’s annual Ultra Music Festival.  Co-founder Alex Omes sued his partners last week, claiming that he was fraudulently forced out of the company that produces the event during a secret shareholder meeting.