Florida Law

The Supreme Court on Thursday adopted an amendment to Florida Rule of Civil Procedure, effective immediately, expressly adopting the “apex doctrine” in both the government and corporate contexts. The apex doctrine protects companies from plaintiffs’ attorneys demanding that their presidents, CEOs, or top officers sit for a deposition. The issue came to the Court as… Read More

During the 2021 Florida legislative session, the Florida Senate passed Senate Bill (SB) 76 as part of the legislature’s continuing efforts to reform the property insurance industry in the State of Florida to protect its citizens and consumers.  While one of the main drivers for SB 76 was to curb predatory solicitation practices with respect… Read More

This case involved a 2004 hurricane claim made by Citizens’ insured Manor House LLC, a rental apartment complex, for which Citizens admitted coverage and subsequently paid. Manor House sued Citizens for breach of contract, alleging among other things that Citizens’ delay in adjusting and paying for the loss caused it to lose rental income due… Read More

Since 1966, Florida courts have required the moving party to conclusively “disapprove the nonmovant’s theory of the case in order to eliminate any issue of fact”.  Hall v. Tolcott, 191 So. 2d 40 (Fla 1966).  By contrast, the US Supreme Court has held that there is “no express or implied requirement in Rule 56 that… Read More