TENTH JUDICIAL CIRCUIT

(Hardee, Highlands, and Polk Counties)

http://www.jud10.flcourts.org/sites/default/files/adminOrders/AO_1-53.4.pdf

• Statewide grand jury proceedings are suspended through July 26, 2020; and other jury proceedings, jury selection proceedings, and criminal and civil jury trials are suspended through July 17, 2020.
• All non-essential and non-critical proceedings shall be conducted using remote technology.
• General Procedures (outlined in AOSC20-32)  are adopted to provide for the safety of those persons accessing the courthouses and court facilities.

ELEVENTH JUDICIAL CIRCUIT

(Miami-Dade County)

07/08/2020 COVID-19 Advisory #26: Self-Monitoring Notice

• Two individuals who worked at the Joseph Caleb Center, 5400 NW 22 Ave., and the Lawson E. Thomas Courthouse Center, 175 NW 1 Ave., respectively, in the locations listed below have tested positive for COVID-19.
• Persons identified as having been in close proximity to the confirmed individuals have been notified and asked to take all necessary precautions.

Last Days Worked:
Friday, 6/26/2020 (Joseph Caleb Center)
Tuesday, 6/30/2020 (L.E.T. Courthouse Center)

TWELFTH JUDICIAL CIRCUIT

(DeSoto, Manatee, and Sarasota Counties)

• Certain hearings are being held in the judicial centers, the courts are holding most other hearings remotely using video conferencing and/or teleconferencing software. Please check the specific division or the Zoom page for more information, or contact the judge's office to check on your hearing status.
• Following Florida Supreme Court Directive.
• All civil jury trials in the 12th Judicial Circuit are hereby suspended through December 31,2020.
• Grand Jury Proceeding suspended through July 26, 2020. Grand Jury proceedings, jury selection proceedings, and criminal jury trials are suspended until 30 days after the Chief Judge has determined that the circuit or one of the counties has transitioned to Phase 2.
• Civil Jury Trials suspended through December 31, 2020.
• FORECLOSURES, EVICTIONS ON HOLD THROUGH AUGUST 1, 2020.

https://www.jud12.flcourts.org/Portals/0/AdminOrders/Section01/2020-11.1.pdf?ver=2020-04-15-091920-943

NEW ORDERS SETTING HEALTH AND SAFETY MEASURES IN COURTS

AOSC20-23 Amendment 2 Comprehensive COVID-19 Emergency Measures

AOSC20-32 In re COVID-19 Public Health and Safety Precautions for Phase 2 expands the type of hearings that can be held face-to-face when the Circuit meets the criteria.

The Twelfth Judicial Court cannot go to Phase 2 until the chief judge can certify to the Supreme Court that it has met ALL of the necessary benchmarks. Until he can,  will still be in Phase 1, with limited in-person proceedings, use of personal protective equipment and mandatory health screens.

THIRTEENTH JUDICIAL CIRCUIT

(Hillsborough County)

https://www.fljud13.org/Portals/0/AO/DOCS/S-2020-023.pdf

• All petit jury selection proceedings and criminal and civil jury trials are suspended until further notice or order of the chief judge.
• Small Claims and County Civil Cases All matters in cases filed in the County Civil Division may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; or (d) a combination of these methods, except for residential eviction cases based solely on non-payment of rent and except for any mortgage foreclosure cases both of which have been temporarily stayed by the governor.
• All matters in cases filed in the Circuit Civil Division may be conducted by (a) teleconferencing; (b) audiovisual conferencing; (c) submission of written motions and written responses with legal analysis; 8 or (d) a combination of these methods, except for any residential eviction cases based solely on non-payment of rent and except for mortgage foreclosure cases both of which have been temporarily stayed by the governor.
• Mediation may be conducted as long as all participants are physically able to maintain at least a 6-foot social distance from each other at all times or the mediation session is conducted by teleconferencing or audiovisual conferencing.

NEW ORDERS SETTING HEALTH AND SAFETY MEASURES IN COURTS

AOSC20-23 Amendment 2 Comprehensive COVID-19 Emergency Measures

AOSC20-32 In re COVID-19 Public Health and Safety Precautions for Phase 2 expands the type of hearings that can be held face-to-face when the Circuit meets the criteria.

AOSC20-32 - COVID-19 PUBLIC HEALTH AND SAFETY PRECAUTIONS FOR PHASE 2   https://www.fljud13.org/Portals/0/AO/SupremeCourt/AOSC20-32Amendment1.pdf?ver=2020-06-17-175220-930

FOURTEENTH JUDICIAL CIRCUIT

(Bay, Calhoun, Gulf, Holmes, Jackson, and Washington Counties)

• Proceedings to be conducted telephonically.
• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended through July 2, 2020.
• Following Florida Supreme Court directives.
• COVID-19 Operational Plan for the Fourteenth Judicial Circuit Transitioning from Phase I to Phase 2  https://www.jud14.flcourts.org/sites/default/files/media/doc/administrative_orders/2020-00-11.pdf
• Following Supreme Court directives https://www.floridasupremecourt.org/content/download/637271/7239420/AOSC20-23%20Amendment%203.pdf
• The Florida Supreme Court has extended the suspension of all criminal and civil jury trials from July 2 through July 17, 2020.

https://www.floridasupremecourt.org/ezs3download/download/637809/7251452

Updated Administrative Order AOSC20-23. Local chief judges now can remove the suspension of jury trials locally 30 days after determining that the trial-court circuit or a county within the circuit has transitioned to Phase 2 operations. 

FIFTEENTH JUDICIAL CIRCUIT

(Palm Beach County)

06/30/2020 AO 12.510-06/2020.12 In Re: Mitigating Measures in Response to COVID-19

[https://www.15thcircuit.com/sites/default/files/administrative-orders/12.510.pdf]

• Jury trials suspended until further Order of the Court.
  

SIXTEENTH JUDICIAL CIRCUIT

(Monroe County)

Eighth Amended Exhibit A to Emergency Directive 20-03 dated May 12, 2020:

[https://0201.nccdn.net/1_2/000/000/0e4/8c2/Emergency-Directive-20-03-8th-Amended-Exhibit-A.pdf]

• Non-residents can demonstrate that they have legitimate business in the Florida Keys portion of Monroe County now by providing documentation demonstrating Court business such as a hearing notice, deposition notice, subpoena, Florida Bar card or similar credential from another state.

https://0201.nccdn.net/1_2/000/000/08c/7bf/Administrative-Order-Supreme-Court-20-23.pdf

• All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials were suspended beginning Monday March 16, 2020 and will remain suspended until May 29, 2020 or as further ordered by the Florida Supreme Court.
• Only mission critical matters to be heard.
• All other hearing postponed to be rescheduled by parties or Court.
• Where available, technological means of communication to be used.

SEVENTEENTH JUDICIAL CIRCUIT

(Broward County)

05/28/2020 AO 2020-44-Temp – Fourth Emergency Administrative Order Coronavirus Disease 2019 (COVID-19)

[http://www.17th.flcourts.org/wp-content/uploads/2020/05/2020-44-Temp.pdf]

• Continuing operations via remote technological means until further notice.  Except as may be authorized by the Chief Judge, no face-to-face/in-person hearings will take place during this time.
• Except as otherwise provided herein, no member of the public shall be provided access to any courthouse facility.
• Effective June 1, 2020, the Clerk of Courts may resume normal operations, including opening windows for transactions, while observing social distancing and wearing masks or other facial coverings.  Any person seeking access to the courthouse for purposes of conducting business with the Clerk of Courts may be permitted access for such purpose.
• Any individual entering a courthouse facility must be wearing a mask or other facial covering.  Masks and facial coverings must be worn in all common areas of any courthouse.  All individuals entering any courthouse will be subject to a noninvasive temperature scan and may be required to answer certain health-related questions.
• Jury Proceedings and Jury Trials.  All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials shall remain suspended through July 31, 2020 or any other future date as determined by administrative order from the Florida Supreme Court.

17th Judicial Circuit Virtual Jury Trial Initiative: Mock Jury Zoom http://www.17th.flcourts.org/2020/05/18/17th-judicial-circuit-virtual-jury-trial-initiative/

• The Office of the Clerk of Court will open all offices Wednesday, June 03, 2020.  No courtrooms will be open. Masks are required to enter any courthouse.
• An announcement regarding future court activities will be made later this month.

6/8/2020 Press Release – Broward’s Courthouses Remain Closed, with Few Exceptions  
[http://www.17th.flcourts.org/wp-content/uploads/2020/06/Access-to-Courthouse_June-5-2020.pdf]

Courthouses remain closed through July; Remote operations utilized.

http://www.17th.flcourts.org/wp-content/uploads/2020/06/2020-53-Temp.pdf

EIGHTEENTH JUDICIAL CIRCUIT

(Brevard and Seminole)

• The courts of Brevard County and Seminole County are open on a limited basis through July 20, 2020 in compliance with COVID-19 guidelines.
• Adhering to Florida Supreme Court directives.

6/8/2020 AO 20-28 Amended
IN RE: ADMINISTRATIVE RULES - COVID-19 REOPENING PROCEDURES - TRANSITIONING FROM PHASE 1 TO PHASE 2

[https://flcourts18.org/docs/Covid19/20-28_amd.pdf]
              

• Amended Court Procedures:  Brevard County Phase 2 – [https://flcourts18.org/docs/Covid19/COURT_PROCEDURES_BREVARD_JUNE_2020_6_01_rev%202.pdf]
• Seminole County Courts COVID-19 Procedures (updated 7/9/2020) – to proceed until 7/20/2020 or further order [https://flcourts18.org/seminole-county-courts-covid-19-procedures/]

NINETEENTH JUDICIAL CIRCUIT

(Indian River, Martin, Okeechobee, and St. Lucie)

• May 27th, 2020 : The Nineteenth Judicial Circuit is taking measures to mitigate the impacts of COVID-19 on local court proceedings while taking precautions to ensure the safety and well-being of the public and court personnel. Consistent with guidance from the Florida Supreme Court, per AOSC20-15 and AOSC20-17 - the courts will utilize telecommunications to the maximum extent possible to conduct all court proceedings through May 29th, 2020. In accordance with AO 2020-01 essential court proceedings will continue . . . .
• In accordance with Supreme Court Administrative Order AOSC20-23 all jury trials will be suspended through July 17, 2020.  

6/3/2020 AO 2020-10 In re: COVID-19 Reopening Jury Protocols

[http://www.circuit19.org/sites/default/files/2020-06/2020-10.pdf]

• Nineteenth Judicial Circuit to transition from Phase One to Phase Two beginning on Monday, June 1, 2020.
• While in Phase Two, the Nineteenth Judicial Circuit will continue to maximize remote court proceedings and programs.
• Several essential and non-essential court proceedings will be conducted remotely via Zoom or teleconferencing means.

TWENTIETH JUDICIAL CIRCUIT

(Charlotte, Collier, Glades, Hendry, and Lee)

https://www.ca.cjis20.org/pdf/ao/ao_2_39_amended.pdf

• The 20th Judicial Circuit Courthouses remain open, however please do not visit any of our courthouses unless you are there for official court business. Attorneys, parties and witnesses with upcoming trials or hearings are advised to contact the appropriate judicial office with any questions. Please see AO 2.39 for more about how proceedings are being conducted. All criminal and civil jury trials are to remain suspended through July 26, 2020.
• Handling of critical and essential court proceedings when possible will be held remotely.
• Non-essential and non-critical court proceedings will be held remotely.

5/29/2020 Advisory #10 - The 20th Judicial Circuit Courts move into Phase Two of operations

[https://www.ca.cjis20.org/pdf/20thJudicialCircuitAlert_COVID-19_Advisory10.pdf]

FEDERAL COURTS

SUPREME COURT OF THE UNITED STATES

The Supreme Court Building will be closed to the public until further notice. The Building will remain open for official business.

The Court will hear oral arguments by telephone conference on May 4, 5, 6, 11, 12 and 13 in a limited number of previously postponed cases. In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The oral arguments are scheduled to begin at 10 a.m. On days when more than one case will be heard, the second case will begin promptly following the first case.

 

ELEVENTH CIRCUIT COURT OF APPEALS

07/06/2020 Amended General Order No. 45

[http://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/GeneralOrder45Amended.pdf]

• Authorizing panels to hear oral arguments by audio or video conferencing (previously only audio)
• Oral arguments will be live-streamed; when video unavailable, audio recordings will be available
• Order does not apply to public security or other cases that would generally not be open to the public

SOUTHERN DISTRICT COURT OF FLORIDA

06/29/220 Fifth Order Concerning Jury Trials and Other Proceedings

[https://web.flsd.uscourts.gov/uploads/adminOrders/2020/2020-41.pdf]

• All jury trials in the Southern District of Florida scheduled to begin on or after March 30, 2020, are continued until October 13, 2020. The Court may issue other Orders  concerning future continuances as necessary and appropriate.

MIDDLE DISTRICT COURT OF FLORIDA

• The United States District Court for the Middle District of Florida issued general orders supporting videoconference and teleconference civil and criminal hearings.
• The public and the media can access court proceedings remotely during the national emergency.  https://www.flmd.uscourts.gov/sites/flmd/files/documents/flmd-public-notice-public-access-to-videoconference-and-teleconference-hearings.pdf
• The public intake areas in the Clerk's Offices in the Middle District of Florida are closed until further notice. Documents can be filed by CM/ECF or by dropping them off in the public drop boxes outside each Clerk’s Office.

NORTHERN DISTRICT COURT OF FLORIDA

http://www.flnd.uscourts.gov/sites/default/files/general-ordes/20200507_AdminOrder_COVID19_JuryTrialExt.pdf

• All Court locations in the Northern District of Florida remain closed to the public, with the exception of those who are required to attend Court hearings, trials, or other matters before the Court requiring in-person attendance.
• Until further notice, all initial appearances, detention hearings, and arraignments in the United States District Court for the Northern District of Florida will be conducted via video teleconferencing. In-person hearings, when possible, have been converted to telephonic or video conference hearings.
• All jury trials in the Northern District of Florida that are scheduled to occur between May 1, 2020, and June 30, 2020, are continued. 
• All Central Violations Bureau (CVB) initial appearances scheduled for the Pensacola, Panama City and Gainesville Divisions on June 17, 2020, are rescheduled.
• All CVB initial appearances for the Pensacola Division will be held at 8:30 a.m. on July 15, 2020, CVB initial appearances for the Panama City Division will be held at 1:30 p.m. on July 15, 2020, and CVB initial appearances for the Gainesville Division will be held at 10:00 a.m. on July 26, 2020
• All naturalization ceremonies in the Northern District of Florida are suspended through June 30, 2020. Questions regarding naturalization should be directed to USCIS at 800-375-5283.

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UPDATED INFORMATION FOR FLORIDA COURTS

STATE COURTS

6/16/2020 Amendment 4 to AO SC20-23 - Order on COVID emergency procedures

[https://www.floridasupremecourt.org/ezs3download/download/637809/7251452]

• Revising a number of sections from prior Administrative Order
• Statewide grand jury proceedings shall remain suspended through July 26, 2020. All other jury proceedings, including grand jury proceedings, jury selection proceedings, and criminal and civil jury trials, shall remain suspended until 30 days after the chief judge of a judicial circuit has determined that the circuit or a county within the circuit has transitioned to Phase 2 pursuant to Fla. Admin. Order No. AOSC20-32, Amendment 1.

6/16/2020 Memorandum - Updated “Best Practices” for Pandemic Court Operations

[https://www.floridasupremecourt.org/content/download/637816/7251530/06-16-2020-Best-Practices-Guidelines.pdf]

• Providing courts guidance with jury management, priority in which to resume jury trials, and management of evidence in remote setting

FLORIDA SUPREME COURT

https://www.floridasupremecourt.org/ezs3download/download/637809/7251452

Statewide grand jury proceedings shall remain suspended through July 26, 2020.

All other jury proceedings, including grand jury proceedings, jury selection proceedings, and criminal and civil jury trials, shall remain suspended until 30 days after the chief judge of a judicial circuit has determined that the circuit or a county within the circuit has transitioned to Phase 2 pursuant to Fla. Admin. Order No. AOSC20-32.

Essential and critical trial court proceedings should continue to be conducted remotely or, if necessary, in person.

In re: Remote Civil Jury Trial Pilot Program, Fla. Admin. Order No. AOSC20-31, judicial circuits selected to participate in the program may during and after COVID-19 conduct remote civil jury trials pursuant to the requirements established by the workgroup.

AOSC20-23 Updates new deadlines and address new Phase 3 guidelines -  https://www.floridasupremecourt.org/ezs3download/download/639134/7265622
                                                                                                                  

AOSC20-32  Establish a certification process for moving to Phase 3  - https://www.floridasupremecourt.org/ezs3download/download/639136/7265632

INTERMEDIATE APPELLATE COURTS

FIRST DISTRICT COURT OF APPEAL

• July Oral Arguments conducted on zoom video platform. The resulting video and audio will be available to the public on the court’s website at https://www.1dca.org/
• Following Florida Supreme Court directives.

Message to the Public (updated 5/29/2020)
[https://www.1dca.org/content/download/631942/7180822/A%20MESSAGE%20TO%20THE%20PUBLIC%203-17-20%20(002).pdf]

SECOND DISTRICT COURT OF APPEAL

• The Second DCA will be conducting oral arguments remotely beginning in May.

THIRD DISTRICT COURT OF APPEAL

•  July Oral Arguments conducted on zoom video platform.
• September arguments are tentatively scheduled to be heard at the Third District courthouse.  However, depending on the developments, those oral arguments may be heard remotely using the Zoom Video conferencing platform.   
  

FOURTH DISTRICT COURT OF APPEAL

• The Court’s in-person oral argument sessions scheduled through July 28th have been canceled.
• Oral arguments which will be conducted by audio or video conference will be streamed for the public on the Court’s website.
• The court may reschedule future oral arguments or conduct oral argument by remote means.
• No oral arguments will be held in the month of August.

FIFTH DISTRICT COURT OR APPEAL

https://www.circuit5.org/

• Essential Hearings and Approved Non-Essential hearings are being conducted via electronic means.
• Following the directive of Florida Supreme Court.

CIRCUIT AND COUNTY COURTS

FIRST JUDICIAL CIRCUIT

• All dates extended to May 29, 2020.
• All hearings in family, child support, county civil, circuit civil, probate, civil traffic, or any other proceeding not deemed mission critical under this order shall be rescheduled, postponed, or cancelled unless such proceedings can be effectively conducted remotely using telephonic or other electronic means, at the discretion of the presiding judge.  In-person appearances for non-mission critical hearings as described above shall not be permitted.

NEW ORDERS SETTING HEALTH AND SAFETY MEASURES IN COURTS

AOSC20-23 Amendment 2 Comprehensive COVID-19 Emergency Measures

AOSC20-32 In re COVID-19 Public Health and Safety Precautions for Phase 2 expands the type of hearings that can be held face-to-face when the Circuit meets the criteria.

6/4/2020 AO 2020-21 PHASE 2 TRANSITION PLAN
[https://www.firstjudicialcircuit.org/sites/default/files/document_library/2020-21%20COVID-19%20PHASE%20II%20TRANSITION%20PLAN%20FOR%20THE%20FIRST%20JUDICIAL%20CIRCUIT.pdf]

6/4/2020 AO 2020-21 PHASE 2 TRANSITION OPERATIONAL PLAN
[https://www.firstjudicialcircuit.org/sites/default/files/document_library/2020-21%20COVID-19%20PHASE%20II%20TRANSITION%20PLAN%20FOR%20THE%20FIRST%20JUDICIAL%20CIRCUIT.pdf]

https://www.firstjudicialcircuit.org/sites/default/files/document_library/OCAD2020-05%20s-block.pdf

• All members of the public entering the courthouse shall undergo a health screening, undergo a required temperature check, maintain social distancing, and wear a mask.
• Persons who have a fever of 100.4 degrees or greater shall not be allowed to enter the facility.
• Any person refusing to wear a mask, refusing to undergo the health screening process, or refusing to submit to the required temperature check, shall not be allowed to enter the facility.

SECOND JUDICIAL CIRCUIT

• Supreme Court issued “Best Practices” guidelines on May 11, 2020, that were developed by a statewide COVID-19 Workgroup to help people navigate new remote procedures used by state courts in the coronavirus pandemic
• Court will reschedule proceedings or arrange for remote capabilities
• Mediation may be conducted by video conference or telephone when possible.
• Following Florida Supreme Court directives

THIRD JUDICIAL CIRCUIT

• Non-essential proceedings to be held remotely, if possible.
• Jury trials suspended.
• Zoom video tutorials  https://support.zoom.us/hc/en-us/articles/206618765-Zoom-Video-Tutorials

FOURTH JUDICIAL CIRCUIT

• AO 2020-18 Extension of Phase II Operational Plan for COVID-19 Emergency Through July 31, 2020
• All criminal and civil jury trials are suspended through July 31, 2020
• The Phase II Operational Plan is attached to this Order as Appendix A.
• Hearings shall be conducted either by telephonic means or video conference utilizing the Zoom Application or Skype.

FIFTH JUDICIAL CIRCUIT

• Non-essential hearings to be conducted electronically.
• Following Florida Supreme Court directives.

SIXTH JUDICIAL CIRCUIT

• Following Florida Supreme Court directives. https://www.floridasupremecourt.org/content/download/637271/7239420/AOSC20-23%20Amendment%203.pdf
• The Florida Supreme Court has extended the suspension of all criminal and civil jury trials from July 2 through July 17, 2020.
• All time periods involving the speedy trial procedure from July 6 through July 20 for all criminal and juvenile court proceedings.

NEW ORDERS SETTING HEALTH AND SAFETY MEASURES IN COURTS

AOSC20-23 Amendment 2 Comprehensive COVID-19 Emergency Measures

AOSC20-32 In re COVID-19 Public Health and Safety Precautions for Phase 2 expands the type of hearings that can be held face-to-face when the Circuit meets the criteria.

The Sixth Judicial Circuit Covid-19 Information and Updates http://www.jud6.org/Covid-19Information07062020.pdf. 

SEVENTH JUDICIAL CIRCUIT

07/02/2020 Re:  Phase 2 Transitions for Court Facilities

[http://www.circuit7.org/Communications/Phase_2.pdf]

EIGHTH JUDICIAL CIRCUIT

07/01/2020 AO 11.33 Procedures for Phase 2 Transition and Additional Modified Phase 1 Safety Precautions

[https://circuit8.org/wp-content/uploads/11.33-Procedures-for-Phase-2-Transition-and-Additional-Modified-Phase-1-Safety-Precautions.pdf]

• Alachua and Bradford Counties shall remain in Modified Phase 1 until further Order of the Court.
• Baker, Gilchrist Levy and Union Counties shall move to Phase 2 on July 6, 2020.

AOSC20-32 Public Health and Safety Precautions for Operational Phases Transitions  https://www.floridasupremecourt.org/ezs3download/download/639136/7265632

AOSC20-23  Comprehensive COVID-10 Emergency Measures for the Florida State Court  https://www.floridasupremecourt.org/ezs3download/download/639134/7265622

• Statewide grand jury proceedings shall remain suspended through July 26, 2020.
• Non-statewide grand jury selection and proceedings, civil jury selection and trial proceedings, and criminal jury selection and trial proceedings shall remain suspended until 30 days after the chief judge of a judicial circuit has determined that the circuit or a county within the circuit has transitioned to Phase 2.

NINTH JUDICIAL CIRCUIT

• Following Supreme Court directives https://www.floridasupremecourt.org/content/download/637271/7239420/AOSC20-23%20Amendment%203.pdf
• The Florida Supreme Court has extended the suspension of all criminal and civil jury trials from July 2 through July 17, 2020.

Florida Supreme Court issues emergency orders establishing guidelines on how the courts will continue to dispense justice while addressing the emergent issues at hand.

https://www.ninthcircuit.org/sites/default/files/AOSC20-32%20Amendment%201.pdf

https://www.ninthcircuit.org/sites/default/files/AOSC20-32%20Amendment%201.pdf

Continued updates on the Tenth - Twentieth Judicial Circuit and Federal Courts here. 

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Click image above or link below to view statement on diversity and inclusion from Kubicki Draper and members of the Florida Association of Managing Partners (FAMP).

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The legal and insurance industries are not immune to the effects of the rapidly spreading Covid-19 virus.

Coronavirus-related claims are already being made and undoubtedly, will lead to more litigation. Kubicki Draper has combined resources from every area of practice to help navigate the many legal challenges the virus has unleashed.

From business interruption, to construction, retail and hospitality claims, our Covid-19 Client Response Team is leading the charge and actively monitoring filings around the country to develop strategic resolution plans for the unique challenges the virus-related claims present. Our team can assist with:

• first and third party claims
• evaluating policies including
  • CGL
  • business interruption
  • event cancellation
  • ingress and egress
  • professional liability
  • supply chain
  • crisis management
  • marine and civil authority coverage
  • builder’s risk
• interpretation of policy language, including whether damage to property exists, the application of virus, pollution, pandemic and bacteria exclusions
• evaluating the impact of government closures and attempts by states to legislate coverage 

We are prepared to analyze your issues from every angle to ensure a comprehensive approach to this evolving area of the law.

For more information, please contact us: info@kubickidraper.com.
 

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Congratulations to Charles Watkins, who is an Equity Partner in our Miami office and the firm's Chief Diversity Officer, for being recognized as The Top 100 in Florida by The National Black Lawyers. The National Black Lawyers Top 100 is an elite network of legal experts. The organization selects highly successful and influential lawyers with reputations for providing excellent legal representation in their respective practice areas. For more information, click here.




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Congratulations to Nicole Ellis, of our Miami office, on being recognized as The Top 100 in Florida by The National Black Lawyers. The National Black Lawyers Top 100 is an elite network of legal experts. The organization selects highly successful and influential lawyers with reputations for providing excellent legal representation in their respective practice areas. For more information, please click here.



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Jonathan Aihie was selected for inclusion in The National Black Lawyers Top 40 Under 40 attorney list. This organization is by invitation only and selects only 40 attorneys in each state who have demonstrated excellence and have achieved outstanding results in their careers. To learn more, click here.




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As many of us have experienced, devastating storms can quickly make land fall leaving residents little time to prepare. With all signs pointing to a more active season than usual and Coronavirus still affecting the way we live, the key will be to prepare early. Below is a list of tips and links we hope you will find helpful in your planning and preparations.

• Build an emergency kit
• Know your zone so you know when to evacuate, if necessary
• Plan your evacuation route
• Take inventory of your personal property and review your insurance policies
• Take steps to protect your home and business
• Hurricane Safety Tips and Resources from the National Weather Service

If you are an insurance adjuster, remember to check your license transcript and ensure you have met all of your CE requirements, so your license is in good standing and is active. If you need credits, we have several webinars coming up. We are also happy to schedule a private complimentary webinar for you and your team. Please do not hesitate to contact us at info@kubickidraper.com.





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Jennifer L. Feld, of our Tampa office, participated as a panelist for the Jacksonville Women Lawyers Association and co-presented “The Past, Present, & Future of Parental Leave in the Legal Profession.” The panel discussed the history of parental leave in the legal profession and took a deep dive on the arguments made before the Florida Supreme Court, discussing the effects of the Court's recent ruling, and shared different strategies and practical affects for parental and caregiver leave in the private and public sectors. Jennifer is an advocate in and out of the courtroom and is a pioneer for maternity leave and lactation room awareness. For more information or questions about parental leave, contact Jennifer.




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We have partnered with ATI and SDII to present everything you need to know about litigating, mitigating and investigating water losses in this 3-part series.

May 4, 2020
Water Mitigation Defense Strategies Presented by Kubicki Draper
Jarred Dichek, Michael Balducci and Jessica Murray

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 105714

May 6, 2020
Evaluating Water Loss Mitigation Invoices
Presented by ATI

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 368339/Course ID: 104042

May 8, 2020
Cast Iron Pipes: Why All the Hype
Presented by SDII

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 364236/Course ID: 111381

For more information, or to register please e-mail info@kubickidraper.com.


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May 14, 2020

A discussion of insurance coverage principles: Might courts find the Coronavirus Pandemic a covered event?

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112471

For more information, or to register please e-mail info@kubickidraper.com.


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May 19, 2020

A discussion about coding and future litigation. Learn about Plaintiffs' new theories, developing case law, and defense strategies.

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112619

For more information, or to register please e-mail info@kubickidraper.com.





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May 20, 2020

Learn how associations and builders are utilizing the substantial factor theory in construction defect claims and learn ways to recognize the theory and oppose it.


This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112697

For more information, or to register please e-mail info@kubickidraper.com.



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June 16, 2020

This presentation aims to educate and assist claims professionals in their evaluation of coverage for various construction defect claims, given the current status of the law.

This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112517

For more information, or to register please e-mail info@kubickidraper.com.



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July 17, 2020

Learn about the importance of ensuring an electronic discovery protocol is effectively implemented in construction cases.


This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: 112566

For more information, or to register please e-mail info@kubickidraper.com.



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August 21, 2020

Learn about the potential impact of allocations in settlement agreements prior to trial in complex multi-party cases.


This course has been approved by the Florida Department of Financial Services for insurance continuing education credit. Provider ID: 363417/Course ID: TBD

For more information, or to register please e-mail info@kubickidraper.com.



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Save the date to join Kubicki Draper for an all-day Construction Conference in Tampa, Florida!

The complimentary event is designed to provide claims professionals with valuable information that will assist them in their claims handling and management. The program will begin at 8 am and will include lunch. Guests are invited to stay for a cocktail reception immediately following the seminar.

Registration and Florida CE/CLE information to follow.

To ensure you are on the mailing list for additional information, please e-mail: construction@kubickidraper.com.



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Laurie Adams and her son, Ryan, team captains for “Ryan’s Raiders,” helped raise over $9,000. These funds will help JDRF continue their search for a cure and for better ways to help make living with Type 1 Diabetes safer and healthier. For more information, or to donate, please visit JDRF.




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IN THIS ISSUE:

• Spotlight on: David M. Drahos
• Parents of Kubicki Draper: Importance of Self-Care During Covid-19
• Covid-19 Claims Will Be Contagious: What’s to Come
• Litigating in Troubled Times: Technology Tips to Take a Top EUO
• Women in the Law
• The Impact of COVID-19 on Bad Faith Claims and Time Limit Demands
• New Additions
• Litigating in Troubled Times: The Virtual Shift of Our Industry
• The Prevalence of Opposition to Motions to Continue to Accommodate Parental Leave
• Recent Results: Appellate / Trials, Motions, Mediations
• Top Lawyers
• Presentations & Speaking Engagements
• News / Announcements

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Bretton Albrecht and Caryn Bellus, of the Miami office, prevailed in obtaining an affirmance of a defense summary judgment in a first-party property matter. See Branford v. American Integrity Insurance Co. of Florida, 4D19-1642 (Fla. 4th DCA, June 11, 2020). Their nearly 50-page answer brief tells the story of the hard-fought battle behind the per curiam affirmance. The defense summary judgment was based on the plaintiff-insured’s failure to comply with multiple post-loss obligations in connection with her water loss claim. On appeal, the plaintiff raised a host of arguments in an effort to overturn the defense win, including challenging the sufficiency of the defense evidence, and arguing that the insurer was required, but failed to, prove it was prejudiced by the noncompliance. Bretton and Caryn countered all such arguments in their answer brief. Relying principally on extensive 4th DCA precedent on such issues, they argued that a showing of prejudice was not required, especially in this case where a total failure to comply with a particular post-loss obligation was at issue. They further argued that even if prejudice was required, here it was established especially in light of the plaintiff’s prior similar water loss claim with a different carrier. The 4th DCA denied plaintiff’s request for oral argument, and instead affirmed based on Bretton and Caryn’s arguments in their brief.

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Travis J. Beal, of our Ft. Lauderdale office, won a Daubert motion and corresponding Motion in Limine in a toxic-tort case successfully excluding Plaintiffs’ expert’s causation opinions. Specifically, the court ruled that “without reliable information about the actual levels of exposure, any opinion [the neuropsychology and neurotoxicology expert] could offer linking Plaintiffs’ exposure to the products used in the renovations with particular health outcomes is unreliable and speculative.”

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Jonathan O. Aihie, of our Miami office, won the firm’s first virtual motion for summary judgment. By way of background, the insurance carrier accepted coverage in a plumbing leak case and issued payment in the amount of $10,000 for the insured’s property damage. The insured never requested any supplemental payment before filing suit, so there was no breach of contract. Thereafter, Jonathan deposed the insured who testified that it only cost $4,000 to complete the repairs. Jonathan then filed a motion for summary judgment because the insured could not prove damages to support his breach of contract lawsuit. Plaintiff’s dilatory response attached a $49,000 estimate and photographs, but the documents were unsworn, and Jonathan moved to strike them accordingly. The court declined to consider the response and granted the motion for summary judgment.

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Jill Aberbach, of our Ft. Lauderdale office, was granted final summary judgment in a consolidated case brought by the insured and the AOB. The denial was based on a no peril created opening that had been going on for way too long. Plaintiffs tried every delay tactic possible to keep the motion from being argued. At the hearing, Plaintiffs argued that summary judgment should be denied because there was a question of fact, notwithstanding she admitted that she never saw water coming through any opening after the subject storm. Further, Jill successfully argued Plaintiff’s expert was not credible since they inspected the property too long after the incident.


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Anthony Atala, of our Miami office, obtained a summary judgment for an insurance carrier in another “No Peril Created Opening” case. In this case, the carrier denied a late-reported Hurricane Irma claim for not having a covered peril based on the field adjuster’s inspection.  Plaintiff only utilized a public adjuster who opined that the roof had a covered peril due to the subject hurricane. At deposition, the public adjuster denied being an expert and that his estimate was incorrect. The judge did not consider Plaintiff’s affidavit on causation, determined that there was no evidence of a covered peril, granted summary judgment, and granted final judgment of costs. The carrier recovered over $2,000 in costs, which were paid by the insured.

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Anthony Atala, of our Miami office, obtained a dismissal in a first party property case. Plaintiff filed suit against its insurance carrier for a water loss. However, the unit was insured by the condo association and Plaintiff was an additional insured under the policy. At the hearing on the carrier’s motion to dismiss, the court ruled that Plaintiff must amend the complaint to include the condo association as an indispensable party within 14 days; otherwise, the matter would be dismissed without prejudice. Plaintiff failed to comply with the order, and the case was dismissed accordingly.

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Harold A. Saul and Kenneth “Jayme” Idle, of our Tampa and Orlando offices, respectively, successfully got their engineer client dropped in a large construction defect case. Before the engineer client was brought into the lawsuit, the case had been pending for nearly four years. The issue in this case was simple: the engineer never worked on the subject project. However, the homebuilder was adamant that the engineer was wrong and refused to drop the engineer from the case. Ultimately, Harold and Jayme were forced to serve a 21-day safe harbor letter on the homebuilder demanding it drop the claims against the engineer or face sanctions and further attached a motion for summary judgment and an affidavit from the engineer client’s president. The client was dropped from the lawsuit on the last day of the 21-day safe harbor period.

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Anthony Atala, of our Miami office, obtained a summary judgment for an insurance carrier in a “No Peril Created Opening” case where the insured reported the loss almost a year after Hurricane Irma. Anthony took the deposition of the insured who admitted that she had never been on the roof. He also took the deposition of the public adjuster who admitted to including things in the estimate that the house did not have, and he further admitted to his lack of knowledge on causation. Our client refused to hire an expert and submitted the field adjuster’s affidavit in support of the summary judgment. One week before the hearing, Plaintiff filed an affidavit of the same public adjuster with conclusions on damages, but never attributed the damages back to the Hurricane. 

Anthony moved to strike the affidavit just before the hearing arguing that it was notarized by the public adjuster’s wife who co-owns the business and has a financial interest in the company, and furthermore, the affidavit solely contained conclusory “expert” testimony without any causation opinions. The court agreed with Anthony and refused to consider the affidavit. The court further ruled that the case was over a year old, Plaintiff failed to present any evidence on causation, and granted our client’s motion for final summary. Anthony also filed a $500 proposal for settlement, which had since expired. 

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Jeremy A. Chevres, of our Miami office, and Florence R. Upton, of our Ft. Myers office, won a defense verdict in a case that has been pending for over five years and subject to appeals. The subject car accident involved a significant impact. Plaintiff’s ex-finance, a passenger in the subject vehicle, was left a paraplegic as a result of the accident. Plaintiff left her for a younger woman who he had three children with. Jeremy successfully precluded any mention of the woman’s paraplegic injuries while at trial since Plaintiff was trying to bootstrap his soft tissue claim with his ex-fiancé’s severe claim. The court also granted Jeremy’s summary judgment on Plaintiff’s claim for negligent infliction of emotional distress claim based on his ex-finance’s injuries. At trial, Jeremy masterfully cross-examined Plaintiff exposing all of his inconsistencies. Plaintiff asked the jury for $200,000 in past and future medical bills and $12 million in pain and suffering, and they returned a verdict of $25,000 in past medicals only.

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