Caselaw Corner
Third DCA Knocks Down Overbroad Discovery Order
The Third DCA, in Publix v. Blanco, quashed a discovery order as overbroad. Mr. Blanco sued Publix after he slipped and fell in a customer restroom. He sought to depose Publix’s corporate representative, listing over 150 areas of inquiry. Publix argued that the request was too broad and moved for a protective order, which the trial court...
No Bonner v. Prichard in the Sixth DCA
Federal practitioners will be familiar with Bonner—the opinion in which the United States Court of Appeals for the Eleventh Circuit held that it would adopt as binding precedent decisions of the Fifth Circuit issued on or before September 30, 1981. Many lawyers in Florida wondered whether the new Sixth DCA would follow the Bonner approach and...
Words Matter: A Case about Contract Interpretation
In contract law, text is paramount. A recent opinion from the Fifth District Court of Appeal illustrates this point. In Balazic v. Balazic, the court was asked to interpret a provision of a settlement agreement dealing with the distribution of the former husband’s retirement plan. The provision required the former husband and wife to equally...