by Shannon | May 26, 2023 | Caselaw
On May 25, 2023, the U.S. Supreme Court issued its opinion in Dupree v. Younger. The case arose out of a claim of excessive force brought under section 1983. The question presented was whether a party must reassert in a post-trial motion a purely legal issue rejected...
by evolveAdmin | May 17, 2023 | Caselaw
Design Neuroscience Centers, P.L., v. Preston J. Fields, P.A. This opinion from the Third District Court of Appeal highlights the importance of writing a comprehensive summary judgment motion and filing it as prescribed by the rules. Fields sued Design for breaching...
by evolveAdmin | Mar 20, 2023 | Caselaw
Mannella v. Mannella: Michael and Leah Mannella divorced in April 2018. The final judgment incorporated their marital settlement agreement and required Mr. Mannella pay $2,000 per month in durational alimony and $250 per month in child support. In September 2020, Mr....
by evolveAdmin | Feb 7, 2023 | Caselaw
In McArdle v. McArdle, the Fourth DCA clarified what is required to put an opposing party on notice that attorneys’ fees are being sought. The husband moved to compel an inventory of the marital home under a provision of the marriage settlement agreement (MSA). The...
by evolveAdmin | Feb 7, 2023 | Caselaw
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...
by evolveAdmin | Feb 7, 2023 | Caselaw
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...
