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December 29, 2025 - January 2, 2026
Civil Law Headnotes (Jump to Criminal Law Headnotes)
THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
Civil procedure -- Complaint -- Amendment -- Torts -- Addition of claim for punitive damages -- Trial court erred in granting leave to amend complaint to add claim for punitive damages where plaintiffs failed to attach proposed amended complaint to motion at least 20 days before hearing, as required by provisions of rule 1.190 -- Compliance with provisions of rule is required even when plaintiff includes proffer in body of motion and even when amended pleading adds nothing beyond the bare claim for punitive damages
Paternity -- Domestic relations -- Determination of parentage -- Gestational surrogacy -- Sperm donor -- Relinquishment of parental rights -- Section 742.14, which provides for the automatic termination of maternal or paternal rights and obligations of the donor of any egg, sperm, or preembryo, with certain exceptions, does not apply where child is conceived through use of at-home artificial insemination -- At-home artificial insemination does not fall within section 742.13's definition of artificial reproductive technology as “procreative procedures which involve[d] the laboratory handling of human eggs or preembryos” -- Extensive discussion of statutory scheme enacted by legislature as technology made gestational surrogacy possible, including terms “commissioning couple,” “donor,” and “artificial reproductive technology”
Torts -- Insurance brokers -- Breach of fiduciary duty -- Negligent misrepresentation -- Availability of insurance -- Action brought against insurance broker after it was determined that insured's claims for hurricane damage were not covered by procured policy -- No error in denying broker's motions for directed verdict -- Proof of available insurance in the marketplace was not required for recovery for breach of fiduciary duty and negligent misrepresentation claims -- Damages -- Trial court erred by allowing jury to calculate damages based on the insured's policy, which had been held in the prior declaratory judgment litigation not to provide coverage -- Remand for new trial on damages only Criminal Law Headnotes (Jump to Civil Law Headnotes)
THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
Criminal law -- Driving under influence -- Breath test -- Implied consent -- Extraterritorial jurisdiction -- Municipal police officer who arrested defendant for DUI in the city was authorized by Florida's implied consent law to request that defendant submit to a breath test even though this request was made at county breath test facility to which officer had transported the defendant -- Use of a testing facility outside officer's jurisdiction cannot reasonably be understood to negate officer's responsibility to complete his duties under statute
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