Barbara Pariente

The case involved a negligence lawsuit brought in Florida by Belize residents Francis and Jacqueline Woods against Nova Companies Belize Ltd., a Belizean shrimp-farming corporation, for injuries Francis Woods sustained in a 1994 aircraft accident in Costa Rica. The trial court dismissed the action for lack of personal jurisdiction and forum non conveniens. The appellate court reversed, holding that the defendant's extensive and ongoing business activities in Florida— including 18% of its worldwide shrimp sales to Florida importers, use of Florida brokers and storage, and purchases of Florida equipment—qualified as substantial and not isolated activity under Florida's general long-arm statute, section 48.193(2), thereby satisfying both statutory and constitutional minimum-contacts requirements for general jurisdiction. The court further concluded that these contacts supported the exercise of jurisdiction without requiring a connection between the claim and the defendant's Florida activities.

proceduretorts & liability

The case arose from a personal injury lawsuit after a rear-end car collision in which plaintiff Rebecca Lyons claimed the accident caused back injuries requiring spinal fusion surgery; defendant Selma Gross admitted liability for the first accident but disputed causation, attributing damages instead to a preexisting condition or a second accident three months later. The trial court directed verdicts on causation and apportionment, instructed the jury on aggravation of preexisting conditions using a standard instruction, and after the jury found no permanent injury and awarded zero economic damages, granted a new trial limited to economic damages. On appeal, the District Court of Appeal of Florida reversed the new trial order and related rulings, concluding that the jury instruction on subsequent accidents was confusing, misleading, and an incomplete statement of the law. The core reasoning was that proper jury instructions are required to address apportionment of damages between multiple accidents when the evidence conflicts on whether the second accident contributed to the injuries or surgery.

torts & liabilityprocedure

The case involved the City of Dania's denial of Florida Power & Light's application for a special zoning exception to build an electrical substation on commercially zoned land, based on findings that the project would not meet code criteria regarding impacts on neighboring property values and compatibility with surrounding development. After a public hearing with testimony from both sides, the circuit court quashed the denial on certiorari review. The Fourth District Court of Appeal granted the City's petition for certiorari, holding that the circuit court had improperly substituted its own evaluation of the evidence for the City's and had applied an incorrect legal burden by requiring the City to meet an especially heavy standard when denying the request for essential services. The court emphasized that circuit courts reviewing local administrative zoning decisions act in an appellate capacity and may not reweigh competent substantial evidence or impose heightened proof requirements beyond those in the local code.

propertyprocedurebusiness & regulatory

In Burkhardt v. Bass, a father sought downward modification of his child support obligation under a prior paternity judgment, asserting lack of ability to pay based on his unemployment and reliance on parental support. The trial court found him voluntarily underemployed despite his age, education, and work history, imputed net monthly income of $1,200 drawing from expert testimony on entry-level banking jobs, and adjusted his monthly payments to $508 in current support plus $200 toward arrears. On appeal, the District Court of Appeal of Florida, Fourth District, affirmed the order, concluding that substantial competent evidence supported both the finding of voluntary underemployment and the imputed amount under Florida Statute section 61.30(2)(b), and that the written order provided adequate detail for meaningful review without requiring additional specific factual findings in every case.

family law

This case involves ongoing post-judgment litigation from a 1990 divorce settlement in which Richard Atlas agreed to pay $750 monthly in child support for two children. Atlas appealed the dismissal of his petition to modify the support obligation for lack of prosecution under Florida Rule of Civil Procedure 1.420 and multiple contempt orders for nonpayment. The court affirmed the dismissal, holding that the trial court retained jurisdiction over prospective modification despite pending appeals and that Atlas failed to show record activity or good cause. It also upheld the contempt findings, reasoning that the settlement agreement created a presumption of ability to pay that Atlas did not rebut and that his invocation of the Fifth Amendment supported an adverse inference regarding his financial capacity.

family lawprocedure

The case concerned whether an assistant state attorney who writes a regular newspaper column on consumer matters was entitled to pre-suit notice under Florida Statutes section 770.01 before facing a libel lawsuit over statements in her columns that allegedly linked the plaintiff company to a defunct corporation. The District Court of Appeal of Florida, Fourth District, granted the defendant's petition for certiorari, holding that she qualified for the statutory protection and that the trial court should have dismissed the complaint for lack of the required notice. The court reasoned that the plain language of section 770.01 applies to any publication in a newspaper without distinguishing between the newspaper entity and its individual columnists or reporters, consistent with the statute's purpose of protecting the free flow of news by allowing timely retractions. It rejected arguments limiting the provision to suits only against the newspaper publisher itself or to non-media defendants.

free speechproceduretorts & liability