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By Joseph Coleman, Coleman Litigation PA When considering whether reasonable attorney’s fees may be recoverable in any civil action, we as practitioners understand the oft recited and well settled “American Rule”: that each litigant is responsible for their own attorney’s fees regardless of how the case is ultimately decided. Johnson v. Omega Ins. Co., 200...Read More

August 6, 2022 Kim v. Galasso, Case No. 2D20-3313 (Fla. 2d DCA 2022). Trees are generally considered part of the realty, not personalty, and any contract taking planted trees out of the general rule must clearly show an intent the trees be personal property and furthermore must satisfy the statute of frauds. Perez v. The...Read More

June 25, 2022 Brucker v. City of Doraville, Case No. 21-10122 (11th Cir. 2022). It is not unconstitutional for a municipality to base its annual budget on the collection of code enforcement and traffic fines. Tallo v. Illes, Case No. 3D21-1206 (Fla. 3d DCA 2022). A proper predicate must be laid before a non-party is...Read More