INSURANCE: UNINSURED MOTORIST COVERAGE; CIVIL PROCEDURE: NEW TRIAL: JURY INTERVIEW: CONCEALMENT OF CLAIM HISTORY; APPEALS: PRESERVATION OF ERROR

State Farm Mutual Automobile Insurance Company v. Lawrence, ___ So. 3d ___, 36 Fla. L. Weekly D1138 (Fla. 2d DCA 5/27/11)

After the insureds obtained a favorable jury verdict in an action for uninsured motorist benefits, the insurance company moved for a new trial or jury interview. The trial court summarily denied both motions. The appellate court reversed because the … Click To Read Full Case Law Review...

EVIDENCE: UNDISCOUNTED MEDICAL BILLS, COLLATERAL SOURCE RULE; VERDICTS: INCONSISTENT; APPEALS: PRESERVATION OF ERROR

Nationwide Mutual Fire Insurance Company v. Harrell, ___ So. 3d ___, 35 Fla. L. Weekly D2873 (Fla. 1st DCA 12/21/10)

Based upon the collateral source rule of evidence (as opposed to the collateral source rule of damages, which is governed by statute), “the trial court correctly ruled that [the plaintiff] was entitled to introduce into evidence (and to request … Click To Read Full Case Law Review...

VOIR DIRE: CHALLENGE FOR CAUSE; APPEALS: PRESERVATION OF ERROR

Freeman v. State, ___ So. 3d ___, 35 Fla. L. Weekly D2748 (Fla. 12/10/10)

The appellate court reversed the conviction of a criminal defendant because the trial court denied his challenge for cause of a juror who admitted that she might find a police officer to be more credible than other witnesses. “A juror who expresses a bias in favor … Click To Read Full Case Law Review...

VOIR DIRE: PEREMPTORY CHALLENGES: RACIAL DISCRIMINATION; APPEALS: PRESERVATION OF ERROR

Davis v. State, ___ So. 3d ___, 35 Fla. L. Weekly D2528 (Fla. 1st DCA 11/17/10)

The defendant failed to preserve his right to review the denial of his objections to the peremptory challenge of jurors based upon their race because he did not renew his objections immediately before the jury was sworn.… Click To Read Full Case Law Review...

MORTGAGE FORECLOSURE: ROBO-SIGNING DEFENSE: RELIEF FROM JUDGMENT; APPEALS: PRESERVATION OF ERROR

Freemon v. Deutsche Bank Turst Company Americas as Trustee, ___ So. 3d ___, 35 Fla. L. Weekly D2483 (Fla. 4th DCA 11/10/10)

The bank obtained a summary judgment of foreclosure based upon the affidavit of indebtedness of the records custodian for the loan servicing company.  The borrower moved for relief from judgment on the ground of fraud because the … Click To Read Full Case Law Review...