Florida Record

Saturday, February 22, 2020

Carrie Salls News

Florida appeals court upholds jury verdict in Miami-Dade construction project dispute

By Carrie Salls | Dec 21, 2018

MIAMI – The Florida Third Circuit Court of Appeal upheld a ruling that awarded Kesoki Painting LLC $91,904 for work done as a subcontractor on a construction project for the Miami-Dade County Overtown Transit Village, according to an order entered Dec. 19.

Leon County court directed to enter ruling backing R.J. Reynolds in lung cancer death case

By Carrie Salls | Dec 21, 2018

TALLAHASSEE – The Leon Circuit Court has been directed by Florida’s First District Court of Appeal to enter a verdict in favor of R.J. Reynolds Tobacco Co. in a case filed by the husband of a woman who died of lung cancer, according to a Dec. 18 appeals court ruling.

Appeals court allows shopping center, car dealership easement agreement to stand

By Carrie Salls | Dec 21, 2018

WEST PALM BEACH – The District Court of Appeal of Florida Fourth District upheld the 15th Judicial Circuit Court Palm Beach County’s decision to enforce a permanent easement between a shopping center and car dealership, according to an opinion entered Dec. 19.

Former Prime Italian employee denied motion for class certification in his Uno Restaurant wage lawsuit

By Carrie Salls | May 31, 2018

MIAMI – The U.S. District Court for the Southern District of Florida in a May 21 ruling denied a motion for certification of a class filed by a former employee of Uno Restaurant Associates Inc., which does business as Prime Italian, as part of a Fair Labor Standards Act and minimum wage law action.

Immigration firm sued for 'inadequate representation'

By Carrie Salls | May 21, 2018

A Vermont federal court denied a motion for dismissal lawsuit filed against Anthony Korda and The Korda Law Firm by a man who was seeking permanent U.S. residency, instead ordering that the case be moved for jurisdictional purposes to the U.S. District Court for the Middle District of Florida, according to an opinion filed on May 8.

Deaf student's injury caused by negligence, not malpractice

By Carrie Salls | May 6, 2018

The Florida Supreme Court entered a ruling on April 26 that injuries sustained as a result of the use of a restraint maneuver on a patient at The National Deaf Academy were the result of negligence rather than medical malpractice.

Appellate court affirms ruling in underground fuel tank case

By Carrie Salls | May 6, 2018

Claims for negligence and indemnification filed against Tank Tech, Inc. as part of a dispute with Valley Tank Testing, LLC regarding liability for damage to underground petroleum tanks (USTs) will stand, according to an opinion entered on April 20 by the Florida District Court of Appeal, Second District.

Third District Court of Appeal agrees medical malpractice case should not be moved

By Carrie Salls | May 5, 2018

The Florida Third District Court of Appeal upheld a trial court order denying a motion filed by medical personnel sued for malpractice.

Case against West Boca Medical, Miami Children's over medical care sent back to appeals court

By Carrie Salls | May 3, 2018

TALLAHASSEE – The Florida Supreme Court quashed a ruling by the Fourth District Court of Appeals that allowed a jury to hear testimony regarding what a doctor at Miami Children’s Hospital would have done to treat a patient transferred to the hospital if she had arrived an hour or two earlier, according to an opinion entered on April 26.

Appellate court: City has 'no duty to care' in Pirate's Treasure lawsuit

By Carrie Salls | Apr 22, 2018

In a non-final opinion entered April 13, the Florida Second District Court of Appeal overturned a Sixth Judicial Circuit Court order to allow dismissal of a negligent misrepresentation claim filed against the city of Dunedin by Pirate’s Treasure Inc.

Appeals court reverses decision in RaceTrac wrongful land purchase

By Carrie Salls | Apr 21, 2018

LAKELAND – The Florida Second District Court of Appeal agreed in an April 4 opinion that the Circuit Court for Pasco County erred when the judge denied procedural due process to trustee Gaspar's Passage LLC, as well as its denial of Gaspar's request to add expert witnesses and exhibits.

Florida attorney general kicks off 2018 Special Olympics Law Enforcement Torch Run

By Carrie Salls | Apr 18, 2018

TALLAHASSEE – The 2018 Law Enforcement Torch Run, which benefits the Special Olympics, was kicked off April 5 by Florida Attorney General Pam Bondi, according to a release from Bondi’s office.

Carnival fails to secure favorable judgment in burn injury lawsuit

By Carrie Salls | Mar 10, 2018

Carnival Corp.’s motion for summary judgment in a burn injury case was denied on Feb. 26 by the U.S. District Court for the Southern District of Florida.

Louisville Ladder granted summary judgment

By Carrie Salls | Mar 9, 2018

MIAMI – Louisville Ladder Inc.’s motion for a ruling that it was not at fault for “failing to warn users of a design defect in [its ladders]” was granted as part of a defect lawsuit filed by a man who fell from a ladder manufactured by the company, according to an order filed March 1 by the U.S. District Court for the Southern District of Florida.

Class counsel awarded more than $2 million share of Trump golf club judgment fund

By Carrie Salls | Feb 5, 2018

A court has granted award of attorney's fees in a case involving Trump National Golf Club Jupiter and The Ritz-Carlton Golf Club & Spa Jupiter.

3rd District Court of Appeal upholds ruling dismissing doctor's testimony

By Carrie Salls | Jan 23, 2018

The 3rd District Court of Appeal has affirmed a lower court ruling that the opinions of a doctor who testified in a case related to the death of the plaintiff’s mother did not have “sufficient evidentiary weight to be submitted to the jury,” according to the Jan. 17 opinion.

Honus Wagner Co. trademark-infringement lawsuit thrown out by district court

By Carrie Salls | Jan 8, 2018

A trademark-infringement lawsuit filed by a company bearing the name of early 20th century Pittsburgh Pirates baseball player Honus Wagner was dismissed because the court lacks personal jurisdiction over the defendants, according to a Dec. 21 opinion.

Federal court enforces arbitration award in dispute involving Hipasat SA

By Carrie Salls | Sep 1, 2017

The U.S. District Court for the Southern District of Florida has enforced a foreign arbitral award in favor of Hipasat SA after a magistrate judge recommended the enforcement, according to an order published on Aug. 24.

Samsung washing machine buyers claim recall efforts fall short

By Carrie Salls | Apr 10, 2017

MIAMI — Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. are facing a class-action lawsuit related to alleged exploding washing machines.

Free-roof insurance scam plagues Florida homeowners

By Carrie Salls | Apr 1, 2017

TALLAHASSEE — A trend has emerged in the storm-battered Sunshine State in which a relatively small number of roofers and attorneys are suing insurance companies for more than the actual cost of repair or, in some cases, for non-existent damage.