Submitted by Carri Leininger, Board Certified in Appellate Law on 28 Jul, 2025
The use of magistrates by state court judges is yet another recent change to state court procedures. In a very short opinion, the Third DCA reminds lawyers of the importance of timely objecting to the magistrate’s recommendations. Roblero v. Velasquez, 50 Fla. L. Weekly D1489 (Fla 3 DCA July…
Submitted by Jessica Gregory and Carri Leininger on 23 Jul, 2025
Pursuant to the case law in Florida, different presumptions arise depending on whether an insured has breached a notice provision or a duty to cooperate. If the insured breaches the notice provision, prejudice to the insurer will be presumed, and the burden…
Submitted by Melanie Barker on 09 Jul, 2025
For those who make statements to law enforcement, there is often a question about whether those statements can be used against the reporter. In motor vehicle accident cases, Fla. Stat. §316.066(4) applies and states that “(e)xcept as specified in this subsection, each crash report made by a person…