Appellate
The appellate attorneys at Paskert Divers Thompson are experienced in handling all types of civil and administrative appeals. Our attorneys have been involved in appeals to the United States Supreme Court, the Florida Supreme Court, and various other state and federal appellate courts.
Paskert Divers Thompson believes that its clients’ needs are best satisfied by appellate attorneys who have participated in and fully understand all phases of litigation, including civil trial work. Accordingly, in addition to performing the traditional roles of brief preparation and oral argument, our appellate attorneys work directly with the firm’s litigation attorneys on various trial matters. As a result, it is common for the firm’s appellate attorneys to actively assist in preparation of substantive legal memoranda and, when necessary, at trial. In addition, the firm’s appellate attorneys assist the litigation attorneys in the presentation of issues and preservation of error during the trial process.
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Recent Florida Legislative Changes Impact Sureties' Exposure to Attorneys' Fees and Bad Faith Claims
A few days ago, Governor DeSantis signed House Bill 837 into law enacting sweeping tort reforms. This marks the second large scale reform to Florida law governing insurers and sureties in the last six months. In December 2022, Florida eliminated the one-way attorneys’ fees provision for property insurance claims. House Bill 837 goes further and eliminates one-way attorneys’ fees against insurers entirely. It also makes changes to statutes of limitations, comparative fault, and bad faith. The bill does, however, expressly preserve claimants’ rights to recover reasonable attorneys’ fees for successful claims against construction payment and performance bond sureties.
October 21, 2013