CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: STEALTH ISSUE THAT INCREASES VALUE OF CASE; APPEALS: LAW OF THE CASE: MANIFEST INJUSTICE EXCEPTION

Florida Diversified Films, Inc. v. Simon Roofing and Sheet Metal Corp., ___ So. 3d ___, 38 Fla. L. Weekly D1552 (Fla. 3d DCA July 17, 2013)

After the plaintiff prevailed at trial, the defendant appealed.  The appellate court affirmed and, based upon a proposal for settlement, granted the plaintiff’s motion for appellate attorney’s fees and costs.  While the appeal was Click To Read Full Case Law Review...

TORTS: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: PUNITIVE DAMAGES: EXCESSIVENESS: REMITTITUR; APPEALS: WAIVER: LAW OF THE CASE

R.J. Reynolds Tobacco Company v. Townsend, ___ So. 3d ___, 38 Fla. L. Weekly D1320 (Fla. 1st DCA June 13, 2013)

In the first appeal in an Engle progeny case, the court reversed and remanded the judgment for punitive damages with instructions to provide the plaintiff with the opportunity to choose between a new trial or a remittitur.  The Click To Read Full Case Law Review...

CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: LAW OF THE CASE

Florida Diversified Films, Inc. v. Simon Roofing and Sheet Metal Corp., ___ So. 3d ___, 38 Fla. L. Weekly D664 (Fla. 3d DCA March 20, 2013)

In an earlier appeal, the plaintiff filed a motion for appellate fees based upon a proposal for settlement.  The appellate court granted the motion over the defendant’s objection and denied the defendant’s motion for … Click To Read Full Case Law Review...

ATTORNEY’S FEES: REVERSAL OF UNDERLYING JUDGMENT: LAW OF THE CASE

Siegel v. J.P. Morgan Chase Bank, ___ So. 3d ___, 37 Fla. L. Weekly D2639 (Fla. 4th DCA November 14, 2012)

The appellate court reversed an award of attorney’s fees because of the reversal of the underlying judgment.  The court clarified that its denial of appellate fees in the appeal from the underlying judgment did not constitute the law … Click To Read Full Case Law Review...

CIVIL PROCEDURE: LAW OF THE CASE: APPELLATE DECISION AWARDING ATTORNEY’S FEES ESTABLISHED ENTITLEMENT

McPherson v. Bittner, ___ So. 3d ___, 37 Fla. L. Weekly D2519 (Fla. 4th DCA October 24, 2012)

After the trial court modified child support, the father appealed.  The appellate court affirmed and awarded appellate fees.  Upon remand, the trial court set the amount of the fee, and the father appealed based on lack of entitlement.  The appellate court … Click To Read Full Case Law Review...