July 24, 2024
Under section 44.103(5), Fla. Stat. (2021), “An arbitration decision shall be final if a request for trial de novo is not filed within” 20 days as required by Fla. R. Civ. P. 1.820(h). Since 2006, when the Fourth District decided Nicholson-Kenny Cap. Mgmt., Inc. v. Steinberg, 932 So. 2d 321 (Fla. 4th DCA 2006), it has not required a party to file a motion for trial de novo as long as there is “some notice” of their intent to reject an arbitration award and demand a trial. In Lawnwood Med. Ctr., Inc. v. Rouse, No. 4D2022-2637 (Fla. 4th DCA July 3, 2024), the Fourth District (en banc) receded from Nicholson-Kenny, finding that it conflicted with the plain language of section 44.103(5) and rule 1.820(h). The Court also ruled that motions for trial de novo with mere scrivener’s errors should not be rejected and that relief from a missed deadline was still available under Fla. R. Civ. P. 1.540(b). The Court certified conflict with two Second District decisions applying Nicholson-Kenny and noted that its decision was consistent with the First District’s approach. Thus, in the Fourth and First Districts, strict compliance with section 44.103(5) and rule 1.820(h) is required, but in the Second DCA it is not.
Considerations in application to our client's review of similarly situated scenarios include:
- If the client is requesting trial de novo, a motion for trial de novo must be filed within twenty days in the First and Fourth District's jurisdiction or it will not be granted.
- If the client misses the 20-day deadline, it may obtain relief by filing a motion for relief from judgment under rule 1.540(b).
- If the opposing party files an untimely motion for trial de novo, it should be opposed in all jurisdictions.
View the opinion here.
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July 10, 2024
It is with profound sadness that we announce the passing of our partner, colleague, and dear friend, Michael Sundance Walsh, on July 1, 2024. Mike was not only a remarkable attorney whose contributions, dedication, and spirit helped shape our journey and success, he was a cherished friend who had a smile for absolutely everyone.
Mike was one of a kind, and for over 25 years at KD, where he started as an associate and ultimately became an equity partner, his commitment to excellence and unwavering advocacy for our clients earned him the respect and admiration of colleagues, judges, clients, and his very devoted team. But it was sense of humor, genuine kindness, and desire to befriend everyone, that set him apart. He was the life of the party, always ready with a joke, and had more friends than one could count.
Mike was born in Worcester, Massachusetts, graduated from the University of Massachusetts in Amherst, and earned his Juris Doctorate Degree from St. Thomas University. He was a faithful and vociferous Celtics and Patriots fan, always ready to prove their prowess to anyone at any time. He had a soft spot for animals, and was a steadfast supporter of local shelters and the Humane Society.
Mike enriched our lives in countless ways. As we mourn this tremendous loss, we also celebrate Mike’s life and legacy. We invite clients, colleagues, and friends to join us in honoring Mike’s memory.
In these difficult times, our thoughts and prayers are with Mike's family. We extend our deepest condolences to them and ask that you keep them in your thoughts as well.
Calling hours for Mike were held on Saturday, July 13th from Noon until 3:00 p.m. at O’Connor Brothers Funeral Home, 592 Park Avenue. In lieu of flowers please make memorial contributions to the Worcester Animal Rescue League, 139 Holden Street, Worcester, MA 01606.
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July 3, 2024
We are pleased to announce Ananta Rampersad, of our West Palm Beach office, has been appointed to the Florida Registered Paralegal Enrichment Committee of the Florida Bar Association.
The committee is dedicated to enhancing the professional development and educational opportunities of Florida Registered Paralegals through various outreach programs and educational initiatives.
Ananta brings a wealth of experience to this role, having served as a Florida paralegal prior to pursuing her law degree at St. Thomas University. Her background uniquely positions her to contribute to the committee’s mission, and we look forward to her valuable insights and active involvement.
For more information about the paralegal committee, click here.
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The committee is dedicated to enhancing the professional development and educational opportunities of Florida Registered Paralegals through various outreach programs and educational initiatives.
Ananta brings a wealth of experience to this role, having served as a Florida paralegal prior to pursuing her law degree at St. Thomas University. Her background uniquely positions her to contribute to the committee’s mission, and we look forward to her valuable insights and active involvement.
For more information about the paralegal committee, click here.
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July 2, 2024
Mark Young, from our West Palm Beach office, attended a Hindu Guru event presented by the Asian Pacific American Bar Association (APABA) and hosted by Holland & Knight.
Mark experienced a transformative presentation by Siddh Guru titled "Lessons on Peak Performance, Health, and Family." Siddh Guru enhanced his teachings with insights gained from his extensive travels to over 192 countries, all dedicated to the benefit of humanity.
Did you know?
Hinduism has 1.2 billion followers, making it the third largest religion in the world, following Christianity and Islam.
Thank you, Mark, for participating in this enlightening event and bringing back valuable insights for us to learn and grow from.
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Mark experienced a transformative presentation by Siddh Guru titled "Lessons on Peak Performance, Health, and Family." Siddh Guru enhanced his teachings with insights gained from his extensive travels to over 192 countries, all dedicated to the benefit of humanity.
Did you know?
Hinduism has 1.2 billion followers, making it the third largest religion in the world, following Christianity and Islam.
Thank you, Mark, for participating in this enlightening event and bringing back valuable insights for us to learn and grow from.
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June 27, 2024
We are pleased to announce Benjamin Bourdon's appointment to the Diversity and Inclusion Committee of the Palm Beach County Bar Association.
The committee's mission is to advance diversity and inclusion in the local legal community through educational initiatives, community outreach, and social engagement, promoting an inclusive environment that respects people of varied backgrounds, religions, sexual orientations, and abilities. We look forward to Benjamin's impactful contributions in furthering these goals!
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The committee's mission is to advance diversity and inclusion in the local legal community through educational initiatives, community outreach, and social engagement, promoting an inclusive environment that respects people of varied backgrounds, religions, sexual orientations, and abilities. We look forward to Benjamin's impactful contributions in furthering these goals!
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June 25, 2024
Tracie Reese, from our Tampa office, recently participated in a series of events at the Annual Florida Bar Convention.
On the first day, she attended the Blue and Gold E-Board Installation Gala, hosted by the Florida Association for Women Lawyers (FAWL). Tracie is set to serve as the 2024-2025 Journal Committee Chair.
On the second day, she was sworn in as Secretary of the Virgil Hawkins Florida Chapter of the National Bar Association.
Additionally, she participated in FAWL’s Executive Board Retreat and attended the Henry T. Latimer Awards Luncheon, formerly known as the Diversity Equity and Inclusion Committee Luncheon.
We are proud of Tracie's dedication to networking and professional growth, and we congratulate her on her achievements!
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On the first day, she attended the Blue and Gold E-Board Installation Gala, hosted by the Florida Association for Women Lawyers (FAWL). Tracie is set to serve as the 2024-2025 Journal Committee Chair.
On the second day, she was sworn in as Secretary of the Virgil Hawkins Florida Chapter of the National Bar Association.
Additionally, she participated in FAWL’s Executive Board Retreat and attended the Henry T. Latimer Awards Luncheon, formerly known as the Diversity Equity and Inclusion Committee Luncheon.
We are proud of Tracie's dedication to networking and professional growth, and we congratulate her on her achievements!
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June 24, 2024
Congratulations to this esteemed group of KD team members who have been recognized as 2024 Florida Super Lawyers and Rising Stars.
Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and to be selected, peer nominations and evaluations are reviewed and combined with independent research.
To learn more, visit superlawyers.com.
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Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and to be selected, peer nominations and evaluations are reviewed and combined with independent research.
To learn more, visit superlawyers.com.
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June 19, 2024
KD team members Sha-Mekeyia Davis, Elencia Alcius, Victoria Lopez, and Karenny Montan recently attended the 108th Annual Miami-Dade Bar Installation Gala.
The gala celebrated the current and incoming officers and directors of the Miami-Dade Bar and introduced Charise Morgan as the President for 2024-2025, and Lauren Allen as the President of the Young Lawyer Section.
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The gala celebrated the current and incoming officers and directors of the Miami-Dade Bar and introduced Charise Morgan as the President for 2024-2025, and Lauren Allen as the President of the Young Lawyer Section.
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June 12, 2024
Members of the Jacksonville office participated in the Jacksonville Women Lawyers Association’s Annual Judicial Reception. This year's theme, "Breaking Barriers - Building a Better Legal Community," emphasized progress and inclusivity within the legal profession. The event celebrated the judiciary and recognized those who have been advocates for inclusivity and equity.
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June 11, 2024
In Hale v. Geico General Insurance Company, Caryn Bellus and Ben Carter obtained an affirmance of a final judgment for Geico in an underinsured motorist case where the tortfeasor’s liability limits exceeded the insured’s damages. After the accident, the insured initially pursued a claim under the tortfeasor’s policy, but later abandoned it and made a claim under his UM policy with Geico. Geico denied that the tortfeasor was an underinsured motorist and asserted that the insured’s damages were within the tortfeasor’s policy limits of $25,000. After trial, the jury awarded the insured a total of $17,000 in damages, and the trial court entered final judgment for the insured. In a post-trial motion, Geico moved to setoff the verdict by the tortfeasor’s policy limits, and to amend the final judgment in Geico’s favor because the tortfeasor’s limits exceeded the insured’s damages. The trial court granted the motion and entered final judgment for Geico. On appeal, the insured argued Geico waived the setoff by not adequately pleading it as an affirmative defense, and that Geico failed to demonstrate the tortfeasor’s policy limits were “available” to him. The First DCA rejected both arguments, holding that Florida’s UM statute, Section 627.727, entitles a UM insurer to a credit against total damages in the amount of the tortfeasor’s liability policy, but does not require the insurer to plead the setoff as an affirmative defense. Thus, Geico did not waive its setoff entitlement, which was properly asserted in a post-trial motion. And, because the insurer is entitled to the setoff regardless of whether the full amount of the tortfeasor’s liability limits have been paid to the insured, the trial court properly amended the final judgment in favor of Geico. View the full opinion here.
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June 4, 2024
Please join us in welcoming our 2024 summer law clerks!
The law clerk program is led by Jennifer Remy-Estorino and Nicole Wulwick from our Miami office, and Maegan Bridwell from our Tampa office. They focus on recruiting highly-motivated law students with top academic credentials to be paired with a mentor who provides opportunities for hands-on experiences alongside shareholders and associates. The program’s goal is to empower students to develop skills that will be critical in transitioning from the classroom to the courtroom. The experiences they receive will serve as a cornerstone to their career, hopefully here with the KD family.
Successful summer clerks are considered for associate positions upon graduation and bar admission. For more information about our program, please contact careers@kubickidraper.com.
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The law clerk program is led by Jennifer Remy-Estorino and Nicole Wulwick from our Miami office, and Maegan Bridwell from our Tampa office. They focus on recruiting highly-motivated law students with top academic credentials to be paired with a mentor who provides opportunities for hands-on experiences alongside shareholders and associates. The program’s goal is to empower students to develop skills that will be critical in transitioning from the classroom to the courtroom. The experiences they receive will serve as a cornerstone to their career, hopefully here with the KD family.
Successful summer clerks are considered for associate positions upon graduation and bar admission. For more information about our program, please contact careers@kubickidraper.com.
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May 28, 2024
Congratulations to Peter Baumberger, of our Miami office, on being inducted as a Fellow of the International Society of Barristers.
The organization was formed to recognize the industry's best advocates and have them join to support the retention of trial by jury, professionalism, and ethics. Membership is by invitation only and involves a rigorous screening process that considers the individual's ability, experience, accomplishments and ethical standards as assessed by trial lawyers and judges. For more information, please visit www.isob.com.
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The organization was formed to recognize the industry's best advocates and have them join to support the retention of trial by jury, professionalism, and ethics. Membership is by invitation only and involves a rigorous screening process that considers the individual's ability, experience, accomplishments and ethical standards as assessed by trial lawyers and judges. For more information, please visit www.isob.com.
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May 24, 2024
Meet the newest additions to KD’s statewide construction practice!
We are thrilled to welcome Andrew Bartuccelli, Neil Covone, Ajay Dabas, and Braulio Rodriguez to the team spanning from Miami to Tampa to Orlando!
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May 23, 2024
Ashlie Avila, Erika Cordovi, and Barbara Fox, of our Miami office, recently attended and served as judges for the Honorable Peter R. Palermo Mentorship Program Mock Trial Competition., hosted by the St. Thomas University College of Law.
This program involves collaboration between the St. Thomas law students and the Law Magnet Program at Miami Carol City High School. Under the guidance of Asiah Wolfolk-Manning, lead teacher for the law magnet program, St. Thomas law students assisted the high school participants in developing trial techniques in preparation for their final exam which is the Spring Mock Trial Competition. Students played the roles of state attorney, defense attorney, expert witness, and lay witness. In addition, there were several Florida attorneys, former judges, and Palermo Mentorship alumni who served as judges for the competition.
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This program involves collaboration between the St. Thomas law students and the Law Magnet Program at Miami Carol City High School. Under the guidance of Asiah Wolfolk-Manning, lead teacher for the law magnet program, St. Thomas law students assisted the high school participants in developing trial techniques in preparation for their final exam which is the Spring Mock Trial Competition. Students played the roles of state attorney, defense attorney, expert witness, and lay witness. In addition, there were several Florida attorneys, former judges, and Palermo Mentorship alumni who served as judges for the competition.
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May 21, 2024
We are honored to once again sponsor and participate in the 2024 Florida Institute Fraud Education Committee (FIFEC) Annual Conference. Join our team in Orlando, Florida from June 26 to June 28 and attend the many CE topics we are slated to present. For more information and/or to register, visit FIFEC.org.
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May 20, 2024
Congratulations to Ashley Dozier, from our Orlando office, on being recognized by The National Black Lawyers as a Top 40 Under 40 honoree.
The National Black Lawyers is an invitation-only professional development and networking association comprised of the top African American attorneys from across the country.
Kudos to Ashley for this well-deserved recognition!
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The National Black Lawyers is an invitation-only professional development and networking association comprised of the top African American attorneys from across the country.
Kudos to Ashley for this well-deserved recognition!
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May 17, 2024
Caryn Bellus, Barbara Fox, and Francesca Ippolito-Craven, of our Miami office, recently represented the firm at the Heroes Reception hosted by Transition. KD was a proud sponsor of this event where they recognized The Honorable Robert J. Luck, of the Eleventh Circuit Court of Appeals.
Transition is a non-profit organization dedicated to helping those who have been incarcerated to find employment, rebuild their lives, and have a successful transition back into society.
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Transition is a non-profit organization dedicated to helping those who have been incarcerated to find employment, rebuild their lives, and have a successful transition back into society.
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May 3, 2024
In Hamilton v. Citizens Prop'y Ins. Corp., No. 3D23-1934 (Fla. 3d DCA May 1, 2024), Citizens procured a protective order allowing its corporate representative to use the claims file to refresh his recollection during his deposition without waiving any privilege or permitting the opposing party access to the materials for cross-examination. On certiorari review, the Third District held that the protective order constituted a departure from the essential requirements of the law because it violated section 90.613, Fla. Stat. (2023), which requires parties to produce for inspection and cross-examination any "writing or other item" used to refresh a witness' memory while testifying. The Court also held that the error created irreparable harm as there was no practical way to review the effect of the withheld materials on appeal. In effect, a pre-deposition protective order of this type will not preserve a privilege. Instead, a defendant should attempt to utilize a stipulation to preserve the privilege before allowing a corporate representative to rely on claim file documents during a deposition, or any privilege to will be waived. View full opinion here.
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April 29, 2024
In Allstate Ins. Co. v. Revival Chiropractic, LLC, 2024 WL 1776115 (Fla. April 25, 2024), Plaintiff argued that because the charge was less than 80% of 200% of the Medicare Fee schedule, Allstate was required to pay either 100% of the amount charged or 80% of 200% of the Medicare Fee Schedule, which was more than the amount billed. The court ruled in Allstate’s favor and found that Allstate’s payment of 80% of the billed amount was not prohibited by the statute and allowed by the policy. The court reiterated its ruling in MRI Associates of Tampa, Inc. v. State Farm Mutual Automobile Insurance Co., 334 So. 3d 577 (Fla. 2021), in which it found that when an insurer has a hybrid policy that both elects to pay at 80% of 200% of the Medicare Fee Schedule pursuant to §627.736 (5)(a),Fla. Stat., and also allows payment at 80% of the usual and customary amount pursuant to §627.736 (1), Fla. Stat., the insurer has the option to make payment under either method. Here, Allstate had a hybrid policy allowing both payment methods and also had added language stating: “If a provider submits a charge for an amount less than the amount determined by the fee schedule or other limitations established by Section 627.736 . . . or any other provisions of the Florida Motor Vehicle No-Fault Law . . . [Allstate] will pay eighty percent of the charge that was submitted.” Consequently, the court found the policy provides that Allstate will pay 80% of reasonable expenses and it expressly permits Allstate to pay 80% of the charges submitted. Nothing in the PIP statute invalidates the policy provisions authorizing such payments. Read more here.
How will this ruling affect current and future cases? Please contact us to discuss.
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How will this ruling affect current and future cases? Please contact us to discuss.
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April 18, 2024
In HCA Health Services of Florida v. Jo Ann Berlin, M.D., 4D2022-2652 (April 17, 2024), the Fourth District Court of Appeal held the trial court abused its discretion when it denied HCA attorneys’ fees because HCA had not set the hearing on the amount of fees to be awarded within 90 days after the fee entitlement order, as ordered by the trial court. The Fourth District reversed the denial of attorneys’ fees because the delay in scheduling the hearing to determine the amount of fees to be awarded pursuant to HCA’s timely filed motion did not deprive the trial court of jurisdiction to award fees. Rule 1.525 only requires that a motion for attorneys’ fees be filed within 30 days after filing of the judgment or notice that concludes the action as to that party.
In short: Even if there's a delay in scheduling a hearing for attorney's fees, as long as the motion was timely filed the court can still decide on the fees.
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