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Associates’ Corner: In the Third District A Voluntary Dismissal Without Prejudice Does Not Automatically Make the Defendant a Prevailing Party—The Outlier

By March 28, 2013

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 …

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Commentary: Delmonico v. Traynor and "Qualified Privilege"

By February 15, 2013

By Alan J. Kluger Yesterday, the Florida Supreme Court issued its opinion in the case of Delmonico v. Traynor.  To briefly recap the facts, Traynor represented his clients in a defamation case filed by Delmonico.  In the course of his case investigation, Traynor interviewed potential witnesses and allegedly told them …

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