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New Third Circuit Court of Appeal Opinion Reinforces the Precedent that Jurors may not “Stack Inferences” in Determining Notice for Slip and Fall Cases.

Submitted by Jessica Glickman on 17 Sep, 2018

Publix Super Markets, Inc. v. Jessie Bellaiche, No. 3d1601983 , 2018 WL 1513348, at *1 (Fla. 3d DCA 2018). This recent opinion from the Third District Court of Appeal emphasizes the notice requirement in slip and fall cases with transitory substances. Under Fla. Stat. § 768.0755, plaintiffs must prove…

Production of Surveillance Video if no Intent to use at Trial

Submitted by Philip Wiseberg on 14 May, 2018

Attorneys that litigate personal injury matters are quite familiar with the requirements on the disclosure of surveillance pursuant to Dodson v. Persell, 390 So. 2d 704 (Fla. 1980). Recently, the First District Court of Appeals heard a case that pertained to the request to produce all video surveillance taken, even…

Florida 4th DCA Rules Facebook Live Video Properly Authenticated and Admissible in Criminal Case – 2017 Federal Rules Make it Easier to Present Self-Authenticating ESI

Submitted by WLC on 14 May, 2018

On May 2, 2018, the Fourth District Court of Appeals (Fourth DCA) published its opinion in Lamb v. State of Florida, No. 4D17-545, Case No. 502016CF004626A. The Fourth DCA upheld the trial court’s ruling that the Facebook Live video presented in this Palm Beach County criminal case was properly authenticated…