Jackson v. The Shakespeare Foundation: Arbitration Clauses Are Not as Far From Fraud as Heaven from Earth

In Jackson v. The Shakespeare Foundation (SC11-1196), the Florida Supreme Court considered whether fraud that induced a party to enter into a contract is subject to the contract’s arbitration clause. The Court’s opinion made clear that the answer to that

In Pari Delicto and Unenforceable Contracts

In Earth Trades, Inc., et al. v. T & G Corporation, the Florida Supreme Court revisited the doctrine of in pari delicto, which generally provides that a plaintiff may not recover damages resulting from any wrongdoing that the plaintiff took

Attorney’s Fees, the Florida Deceptive and Unfair Trade Practices Act, and Offers of Judgment

In Diamond Aircraft Industries, Inc. v. Horowitch (SC11-1371), the Florida Supreme Court addressed a number of questions relating to awards of attorney’s fees, certified to the Supreme Court by the U.S. Eleventh Circuit Court of Appeals. Two questions related to

No Money, Mo’ Problems

Today the Supremes issued a per curiam opinion in In re: Certification of Need of Additional Judges addressing the need for additional judges in the state, pursuant to the Court’s duty under Art. V, Sec. 9 of the Florida Constitution.

Pump Up the Volume: Florida’s Prohibition on Excessive Amplified Noise In Vehicles Is Invalidated

Today the Florida Supreme Court issued its opinion in Florida v. Catalano, Case No. SC11-1166, which invalidated on constitutional grounds section 316.3045, Florida Statutes, the statute that prohibited excessive amplified noise generated in vehicles. The statute made it unlawful to

The Rear-end Collision Rule Gets a Tune-Up

By Damon Pichoff In the two separate opinions recently issued in Birge v. Charron and Cevallos v. Rideout (No.’s SC10-1755 and SC09 – 2238, respectively) the Florida Supreme Court fine-tuned the rusty mechanics of the ol’ Rear-End Collision Rule. The

Immunity and the Appeal of Non-final Orders, Part II

In Keck v. Eminisor the Supreme Court considered whether a non-final order denying a claim of sovereign immunity by an employee of an ‘instrumentality of the state’ for acts committed under the scope of employment could be reviewed on interlocutory

Immunity and the Appeal of Non-final Orders, Part I

In Citizens Property Insurance Corporation v. San Perdido Association, the Florida Supreme Court addressed the question of whether a non-final order can be reviewed on interlocutory appeal by the extraordinary writs of certiorari or prohibition. Following Hurricane Ivan, Citizens, a

You Can’t Touch This: Florida’s Homestead Tax Exemption

by Damon Pichoff In Garcia v. Andonie, No. SC11-553 (October 4, 2012), the Florida Supreme Court invalidated a legislative measure to restrict the availability of the Homestead Tax Exemption. David and Ana Andonie are citizens of Honduras living in Florida