Legal Topics

Torts — Punitive damages — Civil procedure — Amended complaint — Premature request for punitive damages filed before plaintiff sought leave to amend or made evidentiary proffer required by section 768.72(1) is stricken from amended complaint — Demand for attorney’s fees is stricken based on failure of movant to identify statutory or contractual basis for demand — Demand for jury trial is stricken where there is clear, unambiguous, and enforceable waiver of jury trial — Extraneous and immaterial ChatGPT prompt is stricken
Feb 20th, 2026 in by admin

Torts -- Punitive damages -- Civil procedure -- Amended complaint -- Premature request for punitive damages filed before plaintiff sought leave to amend or made evidentiary proffer required by section 768.72(1) is stricken from amended complaint -- Demand for attorney's…


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Torts — Counties — Premises liability — Trip and fall on sidewalk — Sovereign immunity — Waiver — Conditions precedent — Notice — Plaintiff failed to satisfy notice requirements of section 768.28 where description of accident in claim letter was not sufficient to allow county to investigate claim — Premature suit — Suit filed less than 7 months after claim letter was sent to county and before county denied claim was premature — Sending claim letter to Florida Department of Financial Services does not constitute notice to county — Action is dismissed without prejudice
Feb 17th, 2026 in by admin

Torts -- Counties -- Premises liability -- Trip and fall on sidewalk -- Sovereign immunity -- Waiver -- Conditions precedent -- Notice -- Plaintiff failed to satisfy notice requirements of section 768.28 where description of accident in claim letter was…


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