As most Florida litigators are aware, prevailing party fees are only recoverable when there is a statutory or contractual basis for those fees. A tactful litigator will often consider serving a proposal for settlement—also referred to as an “offer of judgment” or “demand for judgment”—under Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes, to position his or her client to recover prevailing party attorneys’ fees. However, Florida law is unsettled on if a proposal for settlement can be used when a complaint includes claims for equitable or declaratory relief (non-monetary relief) and claims for breach of contract or tortious interference (monetary relief).Read More Share This Post
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a trial judge’s holding that members of the Miccosukee Tribe of Indians of Florida (“Tribe”) must pay federal taxes on gaming revenues. The Tribe had been distributing money to its members on a per capita basis but after the release of this decision, those distributions will now have to be taxed accordingly. The Indian Gaming Revenue Act of 1988 allows Indian tribes to engage in gaming and to distribute the revenue from those activities to its members on a per capita basis.Read More Share This Post
Florida 4th DCA Ruling on Facebook Live Video and Authentication - 2017 Federal Rules Make it Easier to Authenticate ESI
The Federal Rules of Evidence now allows for the admissibility of self-authenticating digital evidence. How can practitioners use the new FRE Rules in Florida state cases? This article discusses how digital evidence, like Facebook Live videos, could be self-authenticating and best practices for Florida State court practitioners using the Florida Rules of Civil Procedure.
On May 2, 2018, the Fourth District Court of Appeals (Fourth DCA) published its opinion in Lamb v. State of Florida, No. 4D17-545, Case No. 502016CF004626A (2018 WL 2049640 (Fla. 4th DCA 2018)). The Fourth DCA upheld the trial court's ruling that the Facebook Live video presented in this Palm Beach County criminal case was properly authenticated and admissible to the jury.Read More Share This Post