Verdicts & Recent Case Law
Here you can find examples of favorable outcomes we have achieved for our clients as well as recent case law that may be appicable and favorable.
Civil Procedure - Rule 1.460 Amendment (Motions to Continue Trial)
Did you know the rules of procedure as it pertains to trials have changed! In the past, cases that were set for trial could be easily continued with good cause. However, Rule 1.460 (Motions to Continue Trial) has been amended as follows:
Provides that “[m]otions to continue trial are disfavored and should rarely be granted and then only upon good cause shown.”
Rule 1.460 sets forth requirements for what must be included in a motion for a trial continuance: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants such as third-party witnesses or experts are available; and (4) the proposed date by which the case will be ready for trial and whether that date is agreed by all parties. If the required conference did not occur, the motion must explain the dates and methods of the efforts to confer. Failure to confer by any party or attorney under this rule may result in sanctions.
Explains that, “[i]f a continuance is granted based on the dilatory conduct of an attorney or named party, the court may impose sanctions.”
WHAT DOES THIS MEAN?
As a result of these changes, you need attorneys who are ready and adequately prepared for trial. Our attorneys are aware of the detriment that can be caused by failing to properly prepare a case for trial and, as a result, are timely with submissions required by all Trial Orders. Additionally, we provide comprehensive pre-trial reports well in advance so our clients can make informed decisions before their day in court. Please give us a call today for any of your legal needs.
First-Party Property/Corporate Representative/Claim Files
Hamilton v. Citizens Property Insurance Co.
Plaintiff sought review of protective order that: (i) authorized petitioner to depose insurer’s corporate representative; (ii) required the corporate representative to bring the entire claims file to the deposition “for the purpose of refreshing his recollection and to allow for competent testimony at deposition;” but also (iii) allows insurer to designate as privileged any portion of the file’s contents, even those portions of the file relied upon by the witness during his testimony. The portion of the discovery order purporting to preserve the privilege of file materials reviewed by the corporate representative during his deposition, and preventing cross-examination thereon, constitutes a departure from the essential requirements of law because it violates section 90.613 of the Florida Statutes (2023). The statute is clear and unambiguous: if a witness, during his or her deposition testimony, relies on a written document to refresh his or her recollection, those portions of the document that relate to the witness’s testimony must be produced to the opposing party, resulting in a waiver of an otherwise applicable privilege.
WHAT DOES THIS MEAN?
Exposure of privledge documents can be detrimental to a case. With experienced legal counsel you can ensure proper preparation of corporate represenatives and the protection of privileged documents. Additionally, a great legal team can help you understand your rights and options, and can provide support and reassurance during what can be a very challenging and stressful time. Therefore, give us a call to assist with your next first-party claim!
https://3dca.flcourts.gov/content/download/2425790/opinion/Opinion_2023-1934.pdf