Representative Cases in the Florida Supreme Court

Breaux v. City of Miami Beach, 899 So. 2d 1059 (Fla. 2005)
Supreme Court held that city had operational-level duty of care to warn swimmers of dangerous conditions, including rip currents.

Aurbach v. Gallina, 753 So. 2d 60 (Fla. 2000) Supreme Court clarified applicability of dangerous instrumentality doctrine.

Bitterman v. Bitterman, 714 So. 2d 356 (Fla. 1998) Supreme Court clarified inapplicability of statutes imposing attorney’s fees as sanctions for party misconduct in a probate matter but imposed sanctions based on court’s inherent authority.

Firestone Tire & Rubber Co. v. Acosta, 612 So. 2d 1361 (Fla. 1992) Supreme Court held that repeal of statute of repose did not revive previously extinguished cause of action.

Gormley v. GTE Products Corp., 587 So. 2d 455 (Fla. 1991) – as amicus curiae for Academy of Florida Trial Lawyers. Supreme Court clarified law re admission of collateral source evidence.

Ellis v. N.G.N. of Tampa, Inc., 586 So. 2d 1042 (Fla. 1991) – as amicus curiae for Academy of Florida Trial Lawyers. Supreme Court held that a
cause of action exists for injury resulting from sale of alcohol to habitual drunkard.

Conley v. Boyle Drug Co., 570 So. 2d 275 (Fla. 1990) Supreme Court established market share liability theory for DES plaintiffs in Florida.

Sturiano v. Brooks, 523 So. 2d 1126 (Fla. 1988)
Supreme Court partially abrogated interspousal immunity. Continental Assurance Co. v. Carroll, 485 So. 2d 406 (Fla. 1986) Supreme Court held that all material misrepresentations in an insurance
application void the policy.

Bayles v. State Farm Mutual Automobile Ins. Co., 483 So. 2d 402 (Fla. 1985) Supreme Court held that uninsured motorist benefits were unavailable where one of the tortfeasors had equal or greater liability coverage.

Battilla v. Allis Chalmers Manufacturing Co., 392 So. 2d 874 (Fla. 1980) Supreme Court declared products liability statute of repose unconstitutional.

Representative Cases in the FL District Courts of Appeal

Personal Injury/Wrongful Death:

– JVA Enterprises v. Prentice, 48 So. 3d 109 (Fla. 4 DCA 2010)
– Abbott v. Dorleans, 41 So. 3d 984 (Fla. 4 DCA 2010)
– Van Mill v. Bay Data, Inc. 819 So. 2d 963 (Fla. 4 DCA 2002)
– Owen v. Morrisey, 793 So. 2d 1018 (Fla. 4 DCA 2001)
– Dessanti v.Contreras, 695 So. 2d 845 (Fla. 4 DCA 1997)
– Marinelli v. Grace, 608 So. 2d 833 (Fla. 4 DCA 1992)
– Tieder v. Little, 502 So. 2d 923 (Fla. 3d DCA 1987)
– Wendland v. Akers, 356 So. 2d 368 (Fla. 4 DCA 1978)

Family Law:

– Wofford v. Wofford, 20 So. 3d 470 (Fla. 4 DCA 2009)
– Konsoulas v. Konsoulas, 904 So. 2d 440 (Fla. 4th DCA 2004)
– Pietras v. Pietras, 842 So. 2d 956 (Fla. 4th DCA 2003)

Medical Malpractice:

– Belmont v. North Broward Hospital Dist., 727 So. 2d 992 (Fla. 4 DCA 1999)
– McCutcheon v. Hertz, 463 So. 2d 1226 (Fla. 4 DCA 1985)
– Variety Children’s Hospital, Inc. v. Perkins, 382 So. 2d 331 (Fla. 3d DCA 1980)

Contracts/Insurance Liability:

– Berloni S.p.A. v. Della Casa, LLC, 972 So. 2d 1007 Fla. 4th DCA 2008)
– Whitby v. Infinity Radio, Inc., 951 So. 2d 890 (Fla. 4th DCA 2007)
– Caldwell v. Snyder, 949 So. 2d 1048 (Fla. 3d DCA 2006)
– McPhee v. The Paul Revere Life Ins. Co., 883 So. 2d 364 (Fla. 4th DCA 2004)
– Hollywood Mall, Inc. v. Capozzi, 545 So. 2d 918 (Fla. 4 DCA 1989)
– Marina del Americana v. Miller, 330 So. 2d 164 (Fla. 4 DCA 1976)
– Atlantic Ambulance and Convalescent Service, Inc. v. Asbury, 330 So. 2d 477
(Fla. 4 DCA 1975)