What We Know

Florida Supreme Court Tosses Frye Out – Daubert is Now the Rule in Qualifying Expert Testimony

Wed Jul 17, 2019 Legal Alerts

Recently, the Florida Supreme Court adopted the Daubert standard in the procedural evidence rules to qualify expert witness testimony at trial. See In re Amendments to the Fla. Evidence Code, No. SC19-107 (Fla. May 23, 2019). Before this decision, the Florida procedural evidence rules followed the Frye standard for admissibility of expert witness testimony at trial. The Court’s recent decision is a reversal of its longstanding support for Frye, and it heightens the evidentiary standard by which expert testimony may be admitted in Florida.

Brett Divers Included in "Top 100: 2019 Florida Super Lawyers List"

Tue Jun 11, 2019 News

Florida’s Fourth District Court of Appeal Rules Pre-Suit Notice under Chapter 558, Florida Statutes, is an “Action” for Purposes of the Statute of Repose

Fri Sep 14, 2018 Legal Alerts

On September 12, 2018, Florida’s Fourth District Court of Appeal rendered its opinion in Gindel v. Centex Homes, et al., which will impact construction defect litigation, and particularly the application of the ten-year statute of repose to construction defect cases.  In Gindel, homeowners sought to recover damages from their homebuilder for alleged construction defects in their homes.  The homeowners closed on and took possession of their homes in March 2004.  In February 2014, they served on the builder pre-suit notices of defects pursuant to Chapter 558, Florida Statutes.  Several months later, in May 2014, the homeowners filed suit against the builder.  

Five Paskert Divers Thompson Attorneys Listed in the 2019 Best Lawyers in America

Wed Aug 15, 2018 Newsletter

Three Paskert Divers Thompson attorneys selected by their peers for inclusion in the 25th Edition of The Best Lawyers in America.  

The Middle District of Florida Upholds Requirement that Indemnitors Post Collateral to Claim Bad Faith Against Surety

Tue May 22, 2018 Legal Alerts