Legal Topics

WHEN THERE IS A CONFLICT IN AFFIDAVITS REGARDING PERSONAL JURISDICTION, THE TRIAL COURT MUST CONDUCT A LIMITED EVIDENTIARY HEARING 

Jan 28th, 2025 in by admin

WHEN THERE IS A CONFLICT IN AFFIDAVITS REGARDING PERSONAL JURISDICTION, THE TRIAL COURT MUST CONDUCT A LIMITED EVIDENTIARY HEARING Cash v. Stoltenberg, 49 Fla. L. Weekly D2136 (Fla. 4th DCA Oct. 23, 2024): To determine the appropriateness of personal jurisdiction over…


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TRIAL COURT ERRED IN GRANTING PLAINTIFF LEAVE TO AMEND TO ASSERT A CLAIM FOR PUNITIVE DAMAGES BASED ON CELL PHONE USAGE – DEFENDANT’S GLANCE AT HIS CELL PHONE WHILE DRIVING DID NOT CONSTITUTE “ACTIVE ENGAGEMENT” OR “HANDLING” OF A CELL PHONE AND THUS NO ACT OCCURRED SUGGESTING THE CELL PHONE USAGE WAS RECKLESS. 

Jan 24th, 2025 in by admin

TRIAL COURT ERRED IN GRANTING PLAINTIFF LEAVE TO AMEND TO ASSERT A CLAIM FOR PUNITIVE DAMAGES BASED ON CELL PHONE USAGE – DEFENDANT’S GLANCE AT HIS CELL PHONE WHILE DRIVING DID NOT CONSTITUTE “ACTIVE ENGAGEMENT” OR “HANDLING” OF A CELL…


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