Motion for a New Trial Based on Attorney Misconduct
The Fourth District Court of Appeals has previously held that a trial court generally has broad discretion to set aside a jury verdict and grant a new trial. See Nigro v. Brady, 731 So. 2d 54, 56 (Fla. 4th DCA 1999). As a result, the Fourth and Second Districts have held that although a party […]
Florida Supreme Court Rules Trial Courts Must Reserve Jurisdiction to Award Prejudgment Interest
Recently, a certified question essentially asking the Florida Supreme Court whether it should recede from its precedent in order to avoid the inadvertent waiver of prejudgment interest was addressed. The question arises from the case of McGurn v. Scott, 596 So. 2d 1042 (Fla. 1992), in which the court held that the reservation of jurisdiction […]
Amendment To Proposals for Settlement – Florida Rule of Civil Procedure 1.442
Effective January 1, 2011, Florida Rule of Civil Procedure 1.442 which deals with proposals for settlement will be amended by adding subsection (c)(4) which provides “[n]otwithstanding subdivision (c)(3), when a party is alleged to be solely vicariously, constructively, derivatively, or technically liable, whether by operation of law or by contract, a joint proposal made by […]
New Rule: Florida Rules of Civil Procedure 1.285
Effective January 1, 2011, Florida Rule of Civil Procedure 1.285 will establish a procedure for asserting a claim of privilege over materials accidentally produced, as well as a procedure for challenging those claims. This procedure is effective regardless of whether the disclosure was made pursuant to formal demand or informal request. In order to assert […]
