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Marko F. Cerenko

Associate’s Corner: Post-Traynor, How Far Does Absolute Privilege Extend?

By April 12, 2013

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 …

Todd A. Levine

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 …