first dca

$80 Million Punitive Award Unconstitutional; $10 Million Compensatory Award Affirmed In Smoker Case

February 14, 2012 17:46

In R.J. Reynolds Tobacco Company v. Townsend (1D10-4585), the First District upheld a jury verdict against the R.J. Reynolds Tobacco Company for $10.8 million in compensatory damages (prior to deducting due to the 49% of fault attributed to the smoker) but rejected an $80 million punitive...

First DCA Certifies Question About Constitutional Guarantee To Adequate Education

November 23, 2011 18:03

In Haridopolos, et al v. Citizens for Strong Schools, Inc., et al (1D10-6285), a divided First District, sitting en banc, denied a petition for writ of prohibition. However, both the majority opinion and the dissent agreed that the following question should be certified to the Supreme Court of...

"Ethics And Professionalism On Appeal"

Jeffrey Kuntz
January 08, 2011 17:33

Judge Webster wrote THIS article in the Florida Bar Journal titled "Ethics and Professionalism on Appeal."

First District Holds That Public Adjuster Solicitation Ban Is Unconstitutional

Jeffrey Kuntz
December 29, 2010 16:01

In Kortum v. Sink (1D10-2459), the First District reversed the trial court's decision and held that section 626.854(6), Florida Statutes (2008) "unambiguously bans all solicitation for 48 hours and that this restriction on commercial speech violates Article I, ยง 4 of the Florida Constitution...

Order Denying Motion To Vacate Judgment Reversed & Remanded For Evidentiary Hearing

Jeffrey Kuntz
December 08, 2010 17:13

In Palacio v. Alaska Seaboard Partners Limited Partnership, et al (1D10-2690), the First District reversed the trial court's order denying a motion to set aside judgment and remanded the case so that the trial court can conduct an evidentiary hearing.Appellants were served with a foreclosure...