In Brecker v. Delaire Country Club, Inc., 2017 Fla. App. LEXIS 259 (Fla. 4th DCA 2017), the Florida Fourth District Court of Appeal issued a unanimous ruling affirming the summary judgment entered in favor of the firm’s client Delaire Country Club, Inc. The Plaintiffs, members of the Country Club, brought suit challenging the results of… Read more »
Posts By: lfsuser
Florida Supreme Court Quashes First District Court of Appeal Decisions Requiring Language of Florida Rule of Civil Procedure 1.442 (c)(2)(F) Be Strictly Construed
In Kuhajda v. Borden Dairy Co. of Al., LLC, SC15-1682, the Florida Supreme Court issued a decision holding that Florida Rule of Civil Procedure 1.442 (c)(2)(F)’s provision requiring a proposal for settlement state “whether attorney’s fees are part of the legal claim” is procedural and “totally irrelevant” to enforcement when the complaint does not seek… Read more »
The Fourth District Court of Appeals of Florida Withdraws Opinion Granting Appellate Attorney’s Fees in Lawsuit Alleging Violation of FDUPTA AND FCCPA and Substitutes with Opinion Denying Appellate Attorney’s Fees
The Fourth District Court of Appeal withdrew its initial Opinion Granting Appellate Attorney’s Fees in a lawsuit involving claims brought against the defendants alleging violation of the Florida Deceptive and Unfair Trade Practice Act §§ 501.201-.213, Florida Statutes (2014)(“FDUPTA”) and the Florida Consumer Collection Practices Act (“FCCPA”) and substituted with an Opinion denying appellate attorney’s… Read more »
The Eleventh Circuit Makes Clear Employer’s Do Not Have to Allow Employees to Remain on Light Duty Status in Perpetuity or Create a New Job for Them
In Frazier-White, the Eleventh Circuit held that an employer did not discriminate (hence, the plaintiff failed under prong (3) set forth above) under the ADA or the Florida Civil Rights Act by failing to provide a reasonable accommodation where the employee proposed two accommodations: to allow the employee “an indefinite extension of her light-duty status… Read more »