Fisher Rushmer Articles

Fisher Rushmer, P.A. has successfully defended a client against a $17 million lawsuit for breach of contract, among other claims. The Orlando, FL court handed down the 88-page ruling, in the Circuit Court of the Ninth Judicial District in Orange County, Florida. [LEGACY DEVELOPMENT SERVICES, LLC v. LALU INTERNATIONAL, LLC, NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA, CASE NO.: 2016-CA-3201-0, BUSINESS COURT].The case involved a Development Management Agreement (DMA). The Plaintiff hired the Defendant to develop land close to Disney's Animal Kingdom in Osceola County, Florida. The...

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On December 31, 2020, the Florida Supreme Court, of its own volition, made changes to Florida’s Summary Judgment standard, aligning Florida Rule of Civil Procedure 1.510 with the Federal standard. Florida also joins thirty-seven other states in the nation in the application of the Federal standard when ruling on summary judgment motions.^[1]

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A bill passed last year by the 2019 Florida legislature now expands the authority of county courts. While referred to by one legislator as a “quiet restructuring,” the new law could potentially have significant implications for civil suits; for example, those involving uninsured or underinsured motorist claims.

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Last summer Florida’s 4^th DCA issued a generally helpful and instructive ruling, confirming the Florida legislature’s reinstatement of “Daubert” as the legal standard for admissibility of expert testimony. (Kemp v. State, 44 FLW D1974 – 7/31/19) While the opinion involves a criminal case, the decision and its basis are relevant, applicable, and important for civil cases.

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