Category Archives: Appellate

Fourth DCA: Illegality of Contract Must be Considered

In Jupiter Medical Center, Inc. v. Visiting Nurse Association of Florida (full case here), the Appellant brought the action to vacate an arbitral award on the ground that it was based on an illegal contract.  The trial court did not address the issues of the contract’s legality, and entered an order enforcing the arbitral award.  Read More…

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Liability Releases with Warranty Repairs – A Proactive Defense

Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s liability for claims by an Condominium Association’s property insurance carrier for a subrogation claim after the Developer and Contractor entered into a release with the Association pursuant to certain warranty repairs. The appellate court affirmed the decision of the trial court Read More…

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CSK Successfully Defends Trip-and-Fall Appeal

Scott Cole and Anne Sullivan of Cole, Scott & Kissane’s Appellate Group successfully defended an appeal involving a trip-and-fall accident where the main issue raised was an alleged spoliation of evidence. The plaintiff contended that the trial court erred in denying her requested Jury Instruction seeking a rebuttable presumption of negligence because video evidence of Read More…

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CSK Appellate Division

Appellate Division

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Proposed Florida New Slip and Fall Statute (March Litigation Quarterly 2009)

In 2009, HB 495 was proposed in the legislature of the State of Florida that would repeal the current slip and fall statute, Section 768.0710, Florida Statutes. The language of the proposed statute reads as follows: 768.0755      Premises liability for transitory foreign substances in a business establishment. – – If a person slips and falls Read More…

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