In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...    $0 (05-15-2018 - FL)

In light of this Court’s en banc decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), we hereby vacate our prior panel opinion, published at 842 F.3d 1299, and substitute it with the following opinion, which has been revised only in Section II.D. Accordingly, Defendant’s motion for panel rehearing is denied as moot.
A jury convicted defendant Robert Green of being a felon ... More...    $0 (10-01-2017 - FL)

STATEMENT OF FACTS AND PROCEDURAL HISTORY
The Events at Headley Insurance
The evidence introduced at Davis’s trial revealed the following. Around
3 p.m. on December 13, 2007, Davis entered the Lake Wales location of the
Headley Insurance Agency (Headley) with the intent to commit robbery. Davis
was armed with a loaded .357 magnum revolver and equipped with duct tape, a <... More...    $0 (11-21-2016 - FL)

This case involves a lawsuit filed in 2004 against R.J. Reynolds Tobacco
Company, by plaintiff Pamela Ciccone, as the personal representative of the estate
of her deceased husband, George Ciccone, a smoker from the age of eight who
died of lung cancer in 2002. After our Engle decision was issued, Ciccone
amended her complaint “to reflect her membership in the Engle class, alle... More...    $0 (03-24-2016 - FL)

In Turner v. PCR, Inc., 754 So.2d 683 (Fla.2000), we reaffirmed the existence of an intentional-tort exception to the otherwise exclusive nature of the statutory remedy provided by the Workers' Compensation Law. Under the intentional-tort exception, an injured employee can avoid the exclusive-remedy provision of the Workers' Compensation Law and sue his employer in tort if his workplace injury w... More...    $0 (01-08-2016 - FL)

The defendants in this case—George Cavallo, his wife Paula Hornberger,
and Joel Streinz—were players in one of the most long-lasting mortgage fraud
conspiracies in the history of central Florida. From approximately October 1997
through March 2008, these three defendants, along with about a dozen other
people, conspired to solicit and assist friends, family members, and business... More...    $0 (06-22-2015 - FL)

In this non-Engle1 progeny tobacco case, Appellant appeals a directed verdict in favor of Appellees on her negligence and strict liability claims, the trial court’s denial of her request for a jury instruction addressing a claim of negligent misrepresentation, and the final judgment in favor of Appellees on the claim for failure to warn. As explained below, we reverse the directed verdict and af... More...    $0 (12-05-2014 - FL)

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Special v. Baux, M.D., et al., 79 So. 3d 755 (Fla. 4th DCA 2011). In its decision, the district court ruled upon the following question, which the court certified to be of great public importance:
IN A CIVIL APPEAL, SHALL ERROR BE HELD HARMLESS WHERE IT IS MORE LIKELY THAN NOT THAT THE ERROR DID ... More...    $0 (11-13-2014 - FL)

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complaints st... More...    $0 (10-06-2014 - FL)

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying compensability of his injuries claimed under a theory of repetitive trauma with an alleged date of accident of September 22, 2003. Claimant argues that the JCC erred when he found that the report of injury was late, forever barring the prosecution of any claims. Claimant also argues th... More...    $0 (06-03-2014 - FL)

Appellant, Scherry Jenkins, appeals and appellee, Plaza 3000, Inc., cross-appeals a final judgment entered for Plaza. Plaza sought a judgment and to foreclose a lien for unpaid maintenance assessments. Appellant had counterclaimed against Plaza alleging multiple causes of action, which counterclaim was dismissed by the trial court for failure to state a cause of action. Attorney’s fees were als... More...    $0 (02-12-2014 - FL)

In 2007, Everett Belanger (“Belangerâ€�), a longtime smoker with Chronic Obstructive Pulmonary Disease (“COPDâ€�), filed a post-Engle1 lawsuit against R.J. Reynolds Tobacco Co. (“R.J. Reynoldsâ€�). Based on the record evidence, the trial court entered final summary judgment in favor of R.J. Reynolds, finding Belanger’s alleged cause of action was barred by the four-year statute of limitati... More...    $0 (02-12-2014 - FL)

Trinity Memorial Cemetery disinterred the body of Adam Kellerman-Pate at the request of his mother, Joni Pate, and sent it for reburial in Texas, where Ms. Pate resided. The removal of Adam's body was done without the knowledge or permission of his widow, Priscilla Mellette. She sued Trinity for damages based on theories of tortious interference with a dead body and reckless infliction of emotiona... More...    $0 (08-29-2012 - FL)

Daniel Medellin and Susan Medellin (“Appellantsâ€�) appeal a Final Judgment finding that MLA Consulting, Inc. d/b/a UBuildIt (“UBuildItâ€�) was not liable for filing a fraudulent lien against Appellants’ real property or for Appellants’ attorney’s fees for defending against UBuildIt’s unsuccessful claims for breach of contract and foreclosure of lien. Appellants also appeal the finding... More...    $0 (09-16-2011 - FL)

Johnson, Pope, Bokor, Ruppel & Burns, LLP ("Johnson Pope") and Roger Larson appeal the trial court's nonfinal order denying their motion to compel arbitration.1 Johnson Pope argues that the trial court erroneously concluded that enforcement of the arbitration clause, which was part of the legal services contract and required arbitration of malpractice claims, violates public policy. Because there ... More...    $0 (06-15-2011 - FL)

In this wrongful death and personal injury action, David A. Belniak seeks certiorari review of a nonfinal order compelling him to answer certain deposition questions that he refused to answer based on his Fifth Amendment privilege against self-incrimination. We grant his petition in part, quash the trial court's order, and remand for further proceedings.

As the result of a motor vehicle acc... More...    $0 (10-08-2010 - FL)

This appeal presents the questions whether a teacher violated a disabled student’s constitutional right to be free from excessive corporal punishment or discriminated against the student solely by reason of his disability, in violation of a federal statute, when the teacher physically and verbally abused the student on several occasions. The student, T.W., was enrolled for several months in Kath... More...    $0 (06-29-2010 - FL)

An ever-diminishing few of us remember Alan King’s story about a homeowner with a fire and theft policy who made a claim when his house burned down. He was met with the company’s denial of coverage on the ground that he needed instead a fire or theft policy and that, as written, the policy applied only if he were robbed while his house was on fire.

This case shows that things never real... More...    $0 (11-12-2009 - FL)

The dispute in this case arose from a determination by the Judge of Compensation Claims (JCC) that the City of Mary Esther and the workers' compensation carrier it employed before October 1, 2000, Florida League of Cities, Inc. (collectively E/C 1), was liable for the provision of benefits relating to cardiac complications suffered by the claimant in February 2001, and again in March 2003... More...    $0 (06-08-2005 - FL)

Manatee County appeals the dismissal of an order to show cause why the appellees, J. Richard Kaiser Enterprises, Inc., OuterLimits, Inc., and Florida Club Concepts Limited Partnership ("OuterLimits"), should not be held in contempt for violation of an injunction. We find no abuse of discretion in the trial court's conclusion that a finding of contempt was not warranted. Nevertheless, we r... More...    $0 (05-12-2004 - FL)