Florida Fourth District Court Of Appeal
Recent News About Florida Fourth District Court Of Appeal
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Fourth District Court of Appeals defines threatened use of deadly force
Court: 'A firearm's display without pulling the trigger, even if the bearer points it at a person’s head, is non-deadly force' -
Parents of Florida school-shooting victims must risk losing lawsuit against gun companies
WEST PALM BEACH, Fla. (Legal Newsline) - Parents of a girl who was killed in the Marjory Stoneman Douglass High School shooting massacre in 2018 must actually sue gun manufacturers to find out whether a state law will compel them to pay defense costs if they lose, an appeals court ruled. -
$4 million malpractice verdict reversed over daughter's lifetime damages
WEST PALM BEACH, Fla. (Legal Newsline) - A Florida appeals court reversed a $4 million wrongful death verdict after a plaintiff attorney urged jurors to consider the “long, long life” over which an alleged malpractice victim’s daughter would have to think about her father’s death. -
Ex-judge not qualified to back tobacco lawyers' request for millions, court finds
WEST PALM BEACH, Fla. (Legal Newsline) – A trial court shouldn’t have listened to a former judge who testified plaintiffs lawyers deserved up to $1,500 per hour in a tobacco case. -
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Florida court upholds R.J. Reynolds' victory; Plaintiff shredded medical records prior to suing
WEST PALM BEACH, Fla. (Legal Newsline) - A Florida appeals court upheld a defense victory for RJ Reynolds in a case where the plaintiff told his law firm he’d shredded his wife’s medical records shortly before he sued the cigarette maker for causing her fatal cancer. -
Waiver covers high school soccer player's injuries; He was thrown into unpadded concrete barrier
WEST PALM BEACH, Fla. (Legal Newsline) – A Florida school district will get away with placing a concrete barrier close to one of its soccer fields because the injured player signed an injury waiver before his game. -
Nazi, '1984' comparisons by plaintiffs lawyer 'way over the line' but somehow not enough to strike $5.1M verdict
WEST PALM BEACH, Fla. (Legal Newsline) - A plaintiff lawyer who compared cigarette manufacturers to Nazis and his client to a torture victim in George Orwell’s novel “1984” “went way over the line” but not far enough to require a new trial, a Florida appeals court said in a decision urging judges to keep a tighter lid on inflammatory closing arguments. -
Prospective jurors said cigarettes should be outlawed but were dismissed too soon from smoker's trial, court rules
WEST PALM BEACH, Fla. (Legal Newsline) – The judge handling a tobacco trial in Florida was wrong to let eight possible jurors go when trying to get the jury pool down to 100 – the maximum capacity of the courtroom. -
Court puts brakes on punitive damages issue in employment discrimination lawsuit
WEST PALM BEACH, Fla. (Legal Newsline) – Before a pharmaceutical company needs to show how much it’s worth, a former employee must first prove her claim for punitive damages is justified. -
Florida appeals court: R.J. Reynolds still owes Florida $92.6 million
WEST PALM BEACH – A Florida appeals court has ruled cigarette maker R.J. Reynolds must continue to pay $92.6 million it promised the State of Florida in a 1997 lawsuit settlement. -
Appellate court says charter schools aren't entitled to 2018 referendum ad valorem taxes
WEST PALM BEACH — The Florida Fourth District Court of Appeal ruled that charter schools are not entitled to ad valorem taxes that were collected pursuant to a 2018 referendum in Palm Beach County. -
Dissolution of talent company not valid, appeals court rules
A talent company’s disbanding was reversed in an appeals court as the judges determined that a stock agreement lacked consideration. -
Appellate court rules attorney doesn't have to pay fees as sanction
WEST PALM BEACH — An appeals court ruled that an attorney does not have to pay attorney's fees to opposing counsel because her due process rights were violated. -
Appellate court affirms decision in tobacco advertising case
WEST PALM BEACH — A three-judge panel found that a lower court rightfully denied a motion in a case against a tobacco company for cigarette advertising. -
Judges rule employee properly put employer on notice for workers' compensation claim
WEST PALM BEACH — A three-judge panel reversed a decision by a lower court and ruled that an Island Hospitality Florida Management employee took the proper steps to start a workers' compensation claim. -
Fourth District Appeal Court overturns ranch membership dispute
WEST PALM BEACH -- The Florida Fourth District Court of Appeal has overturned a ruling from the 19th Judicial Circuit in a dispute between The Naked Lady Ranch Inc. (NLRI) and Michael Wycoki Jr. regarding the termination of his membership. -
Consumer loses appeal against Public Storage
WEST PALM BEACH — A consumer has lost his appeal challenging the dismissal of his case against Public Storage. -
Plantation attorney disbarred after allegedly mishandling 2 criminal appeals
TALLAHASSEE (Florida Record) — Longtime Plantation attorney Scott David Rubinchik faces disbarment following a Nov. 7 Florida Supreme Court order over allegations that included mishandling two criminal appeals, according to a recent announcement by The Florida Bar. -
Fourth District Court of Appeal rules in favor of former West Palm Beach candidate
WEST PALM BEACH — A Florida appeals court has denied a writ of certiorari filed by the defendants in the case of a 2018 West Palm Beach City Commission candidate's claim that her political opponent's direct mail piece alleging that the candidate illegally received a second-homestead exemption and a federally funded low-income grant constituted defamation and conspiracy to defame. -
New trial ordered for bicyclist with high BAC injured in crash; Fourth District finds judge erred in discounting plaintiff's .23
WEST PALM BEACH — Florida's District Court of Appeal for the Fourth District has ordered a new trial and ruled that a trial court erred when it instructed jurors that a plaintiff's .23 blood alcohol concentration (BAC) was not a factor in a bicycle accident and allowed the testimony of an accident reconstruction expert who attested to that fact.