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Archive for the ‘Florida Supreme Court Ruling’ Category

Florida Supreme Court: Upholding Substance Over Form in Email Service Requirements

Published: January 23rd, 2019

By: Michael J. Furbush

The Florida Supreme Court recently clarified the lingering confusion surrounding the proper method for service of proposals for settlement. The court finally put to rest the argument that the Rules of Judicial Administration require proposals for settlement to be served by email in accordance with rule 2.516. The court also did lawyers in the state […]

Florida Supreme Court Limits Exclusion of Expert Witnesses

Published: November 30th, 2018

By: Michael J. Furbush

A recent Florida Supreme Court decision regarding the admissibility of expert witness testimony is expected to benefit plaintiffs and put more disputed science in front of juries. Florida’s high court has rebuked the Legislature’s attempt to level the playing field by subjecting expert witnesses to additional scrutiny before their testimony can be presented to juries. […]

Pre-Suit Notice of Defect Is An “Action” for Purposes of Statute of Repose

Published: September 21st, 2018

By: Michael J. Furbush Thomas P. Wert

In a case of first impression, Florida’s Fourth District Court of Appeal ruled last week that a construction defect action against a homebuilder was timely because the mandatory pre-suit notice of defect was sent to the builder before the ten-year statute of repose lapsed, even though the lawsuit was filed outside the ten-year period.   The […]