By Michael T. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. The relation-back doctrine, found in Rule 1.190(c), Florida Rules of Civil Procedure, holds that amended pleadings, filed after the expiration of the applicable statute of limitations, are permitted because all subsequent pleadings to the original complaint “relate back” to the date of the...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. On January 27, 2014, the U.S. Court of Appeals for the Fifth Circuit issued a decision in the case of In re Denver Merchandise Mart, Inc., 740 F.3d 1052 (5th Cir. 2014), weighing in on the enforceability of prepayment clauses in promissory notes...Read More

By: Michael T. Fraser, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. The Florida Supreme Court, in Intervest Construction of Jax, Inc. v. General Fidelity Insurance Co., recently held that a third party was permitted to satisfy an insured’s self-insured retention obligation pursuant to a general liability insurance contract, thereby triggering the insurance carrier’s coverage...Read More

By Tabitha Etlinger, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Earlier this month, the Eleventh Circuit, in United States of America ex rel. Michael Lesinski v. South Florida Water Management District, No. 12-16082, 2014 WL 23737 (11th Cir. Jan. 2, 2014), ruled that South Florida Water Management District (“SFWMD”) could not be liable in a...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A recent lawsuit filed against the City of Miami (the “City”) brings to light the importance of correctly determining whether a meeting must be made open to the public under Florida’s Government-in-the-Sunshine Law (“Florida’s Sunshine Law”). The lawsuit was filed on September 23,...Read More