CIVIL PROCEDURE: DISCOVERY: PUBLIC RECORDS: TRIAL COURT DID NOT ABUSE ITS DISCRETION IN DETERMINING THAT EMAILS WERE EXEMPT FROM DISCLOSURE UNDER PUBLIC RECORDS ACT BECAUSE THEY WERE PREPARED BY AN AGENCY ATTORNEY IN ANTICIPATION OF IMMINENT CIVIL LITIGATION; APPEALS: STANDARD OF REVIEW

Agrosource, Inc. v. Florida Department of Citrus, ___ So. 3d ___, 39 Fla. L. Weekly D2064 (Fla. 2d DCA October 1, 2014)

The appellate court affirmed the trial court’s ruling, after an in camera inspection, that emails prepared by the attorney for a government agency, in anticipation of imminent civil litigation, were exempt from disclosure under the Public Records Act … Click To Read Full Case Law Review...

PUBLIC RECORDS: FILING OF SECOND LAWSUIT DID NOT RESTORE PUBLIC RECORDS EXEMPTION FOR TRANSCRIPT OF SHADE MEETING CONDUCTED DURING FIRST LAWSUIT

Chmielewski v. City of St. Pete Beach, ___ So. 3d ___, 39 Fla. L. Weekly D1815 (Fla. 2d DCA August 27, 2014)

The plaintiffs’ filed an action against the city to quiet title to a beachfront lot adjacent to their property.  The parties entered into a mediated settlement agreement, which provided that any ambiguity in the agreement would be submitted … Click To Read Full Case Law Review...

PUBLIC RECORDS: APPEALS: MANDAMUS    

Clay County Education Association v. Clay County School Board, ___ So. 3d ___, 39 Fla. L. Weekly D1792 (Fla. 1st DCA August 22, 2014)

The plaintiff filed a complaint for writ of mandamus to compel the defendant to produce public records.  Based upon the allegations of the complaint, the trial court issued an alternative writ of mandamus directing the … Click To Read Full Case Law Review...

PUBLIC RECORDS: NONDISCLOSURE: ATTORNEY’S FEES

Lee v. Board of Trustees, ___ So. 3d ___, 38 Fla. L. Weekly D889 (Fla. 1st DCA April 22, 2013)

An agency, as defined by Chapter 119, Florida Statutes, that refuses to disclose public records is liable for attorney’s fees even if the violation was unintentional.Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: NURSING HOME NEGLIGENCE: CAUSATION; EVIDENCE: PUBLIC RECORDS: FDA ADVISORY: ADMISSION BY PARTY OPPONENT: PERSONAL KNOWLEDGE; CIVIL PROCEDURE: SEQUESTRATION OF DECEDENT’S SURVIVORS; APPEALS: HARMFUL ERROR: PROPONENT OF EVIDENCE ERRONEOUSLY ADMITTED MUST ESTABLISH MORE LIKELY THAN NOT THE EVIDENCE DID NOT CONTRIBUTE TO THE VERDICT

Benjamin v. Tandem Healthcare, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D1521 (Fla. 4th DCA June 27, 2012)

The plaintiff alleged that his mother died in a nursing home because she choked on her food.  The nursing home contended that she died of a cardiac arrhythmia induced by two prescription medications for the treatment of her dementia.  … Click To Read Full Case Law Review...