Thursday, January 14, 2010

Florida Supreme Court Accepts Jurisdiction To Determine Whether Fourth District Previously Erred On Remand

The Florida Supreme Court accepted jurisdiction, again, in the case of Butler v. Yusem, et al (SC09-1508).  The order accepting jurisdiction can be found HERE.  The petitioner's brief on jurisdiction can be found HERE.  The respondent did not file a jurisdictional brief.  The issue raised by the petitioner is:
WHETHER THE DECISION ON REMAND BY THE FOURTH DISTRICT COURT OF APPEAL CONFLICTS WITH THIS COURT'S OPINION IN THIS VERY CASE AND WITH THIS COURT'S PRECEDENT ON THE TIPSY COACHMAN DOCTRINE.
A prior post, HERE, and stated as follows:

On remand from the Florida Supreme Court (Butler v. Yusem, 3 So. 3d 1185 (Fla. 2009)), the Fourth District applied the tipsy coachmen doctrine to affirm the decision from the Palm Beach County Circuit Court. The Fourth District, as instructed by the Supreme Court, did reverse as to prejudgment interest. The May 27, 2009 decision from the Fourth District can be found here. The decision by the Fourth District reversed by the Florida Supreme Court (966 So. 2d 405 (Fla. 4th DCA 2007)) can be found here.

Justice Canady and Justice Polston dissented from the decision to accept jurisdiction. 

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