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438 So. 2d 58·
Fla. 3d DCA·
1983-08-30
·cited 63×
The Third District Court of Appeal of Florida recognized a new cause of action for outrageous conduct causing severe emotional distress, independent of any other tort. The court reversed the dismissal of Dominguez's complaint alleging that an insurance company's agent made false
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575 So. 2d 683·
Fla. 5th DCA·
1991-01-31
·cited 59×
Parents and sibling of a deceased fourteen-year-old sued police officers for displaying autopsy photographs and videotape. The court reversed summary judgment, holding that officers are not automatically immune from tort liability simply because autopsy materials are public recor
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35 So. 3d 666·
Fla.·
2010-03-04
·cited 35×
In a probate proceeding concerning a petition for the administration of a lost will, the appellate court affirmed the trial court's summary judgment, finding that the lost will was invalid due to improper execution formalities.
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536 So. 2d 1023·
Fla. 3d DCA·
1987-12-15
·cited 18×
Charles King and other passengers sued Eastern Airlines for emotional distress and damages under the Warsaw Convention after experiencing an in-flight emergency where all three engines failed. The appellate court held that King stated a valid cause of action for intentional/reckl
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681 So. 2d 747·
Fla. 3d DCA·
1996-07-31
·cited 10×
Jane Kaufman appeals summary judgment in favor of Mutual of Omaha Insurance Company, which attempted to rescind her daughter's major medical insurance policy over two years after issuance based on alleged fraudulent misstatements. The court reverses, holding that the policy's inc
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890 F.2d 380·
11th Cir.·
1989-12-13
·cited 6×
The court held that the American College Testing Program (ACT) did not engage in state action, did not breach its contract by cancelling a score in good faith, and was protected by qualified privilege for communications regarding the investigation, thus affirming summary judgment
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460 So. 2d 526·
Fla. 4th DCA·
1984-12-12
·cited 6×
The court held that the trial court erred in dismissing the counts with prejudice, and the appellant should be given the opportunity to amend the complaint.
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292 F. Supp. 2d 1357·
S.D. Fla.·
2003-11-24
·cited 5×
The court held that the Dominican Republic sentence was not entitled to recognition as a foreign judgment because it did not award a specific sum of money, and even if it did, the proceeding was contrary to the parties' arbitration agreement, which the arbitrator had already dete
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318 F. Supp. 2d 1160·
S.D. Fla.·
2004-05-25
·cited 4×
The court denied plaintiffs' motions, affirming its prior grant of summary judgment for defendants. It held that state law governs the recognition of foreign judgments, and under both Florida and Texas law, the Dominican Republic's sentence was not entitled to recognition due to
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928 F.2d 188·
6th Cir.·
1991-03-14
·cited 3×
The court held that the notice of appeal was timely due to the district court's failure to comply with the separate document rule for its initial order, and affirmed the dismissal of the § 1983 claim on grounds other than the statute of limitations, while vacating the dismissal o
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645 So. 2d 999·
Fla.·
1994-12-01
·cited 2×
The Florida Supreme Court authorized the publication of a new standard jury instruction (SJI MI 10) for cases involving claims of intentional infliction of emotional distress through outrageous conduct. The instruction establishes the legal elements and damages framework for this
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S.D. Fla.·
2021-09-28
The court held that venue is proper in the Southern District of Florida and dismissed several claims for failure to state a claim, but allowed the defamation claim to proceed.
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708 So. 2d 347·
Fla. 1st DCA·
1998-04-17
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706 So. 2d 283·
Fla.·
1998-02-05
The Court authorizes the publication of revisions to the Standard Jury Instructions in Civil Cases, specifically concerning punitive damages.