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Hortensia Martin, et al. v. Jorge Jose Sowers, M.D., Case No. 3D15-290 (3rd DCA) (August 20, 2017)

In Martin, the Third District reversed judgment entered in favor of the defendant doctor after a medical malpractice jury trial, finding that the trial court erred in not granting summary judgment in favor of the plaintiffs on the issue of statute of ...

Leinberger and Foreman v. Magee, 42 Fla. L. Weekly D1852c (4th DCA, Aug. 23, 2017)

In Leinberger, petitioner sought review of a trial court order granting respondent’s motion for leave to claim punitive damages. In quashing the trial court’s order, the Fourth DCA concluded that the trial court failed to comport with the ...

R.J. Reynolds v. Enochs - Jury Selection - Peremptory Challenges and Race and Gender Neutral Explanations

In the R.J. Reynolds v. Enochs case, R.J. Reynolds and Phillip Morris appealed the final judgment entered in favor of the Plaintiff. The appellate court addressed the Defendants’ argument that the trial court erred by failing to engage in the ...

Westerbeke Corporation v. Michael Atherton, et. al., 42 Fla. L. Weekly D1741c, (2d DCA, Aug. 9, 2017)

In Westerbeke, the Second District Court of Appeal held that the trial court departed from essential requirements of law when it applied the incorrect law on appellant’s motion to compel the disassembly of a piece of a gas generator involved in ...

Rasinski v. McCoy, 42 Fla. L. Weekly D1711a (5th DCA, Aug. 4, 2017)

Holding: The 5 th DCA held that the trial court abused its discretion in denying defendant’s motion for remittitur or new trial, and erred in denying a set-off amount for which the plaintiff’s healthcare provider released its lien and ...

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