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Supreme Court of Florida

Another appellate court finds medmal caps unconstitutional

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medical malpractice

A second appeals court now has declared unconstitutional the state law limiting the amount of money for pain and suffering when medical malpractice results in injury. The 2nd District Court of Appeal in Lakeland this week joined the 4th District’s opinion regarding caps on what are known as “noneconomic damages.” The Florida Supreme Court still is reviewing that opinion, however. In 2014, the high court struck down pain-and-suffering damages limits in medical malpractice cases where the patient died. A year later, it ruled…

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University athletic association protected under sovereign immunity Supreme Court rules

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The Florida Supreme Court on Thursday ruled that the University of Central Florida’s Athletic Association has sovereign immunity and the parents of a deceased football player need to file a claims bill if they are to collect on a $10 million jury verdict. The unanimous ruling in Enock Plancher v. UCF Athletics Association affirms in part a decision from the Fifth District Court of Appeal that overturned a trial court ruling that the direct support organization did not have sovereign immunity. A jury subsequently…

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Session is over: Supreme Court rules against Senate Ds

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The Supreme Court of Florida on Friday refused to grant a writ of mandamus to Senate Democrats who were seeking to compel the Florida House to return to Tallahassee to finish the 2015 regular legislative session. But five of the seven justices opined that the House’s actions violated the state Constitution as the Democrats argued. In a unanimous ruling, the court denied the write of mandamus because Democrats failed to show that the issuance of the writ of mandamus “would…

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House asks Supreme Court to dismiss Senate Democrat sine die lawsuit

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The House of Representatives is asking the Supreme Court of the State of Florida to dismiss a lawsuit filed by 13 Democratic senators arguing in its legal briefs that the separation of powers doctrine prohibits the high court from compelling legislators to return to Tallahassee. “The Florida Constitution’s strict separation of powers provision, which is grounded in mutual respect among the branches, prohibits any branch of state government from “encroach[ing] upon the powers of another,” the House said in its…

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