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The case assignment will require you to use review a case, opinion, and video. You may select a case from either the Florida Third District Court of Appeal, the Florida Fourth District Court of Appeal, or the Florida Fifth District Court of Appeal. Find a recent opinion (less than one year old) from these courts, focusing on a commercial case. Typically, commercial cases will not involve the "State of Florida" as a party, as those tend to be criminal cases. Note the case number and then locate the corresponding video of the oral arguments from the DCA video archive.

Not all opinions have oral arguments; if the case is a "per curiam" opinion, find another case, as those are not full opinions. Ensure the case selected has not been previously chosen by another student; post the case number and name on the class discussion board on Canvas, with the case number and name in the subject line. Only one student per case; duplicate selections will result in a zero for the second student.

Read the court opinion thoroughly, watch the oral argument video, and take notes. Your written report must be submitted online as a PDF, including the court opinion. Follow the format specified at the end of this assignment, which includes case details, synopsis, arguments from both sides, rebuttal, and your conclusion with personal analysis. Be sure to explicitly reference the video in your report; partial or no reference to the video will lower your grade. Early case selection is recommended, as it is more difficult and time-consuming to choose after many students have already selected their cases. Submissions are only accepted via Blackboard; late submissions will not be considered.

The review must adhere to the following format:

  • Description of the case
  • Case Citation
  • Appellant
  • Appellee
  • Plaintiff below
  • Defendant below
  • Appellant attorney firm
  • Appellant attorney who argued the case
  • Appellee attorney firm
  • Appellee attorney who argued the case

Summary of the case, including:

  • Brief account of trial court proceedings
  • Appellate issues

Appellant’s arguments, including:

  • Main points the attorney tried to make
  • At least two questions from the court and the responses

Appellee’s arguments, including:

  • Main points the attorney tried to make
  • At least two questions from the court and the responses

Rebuttal (if any), including:

  • Main points made by the appellant’s attorney
  • At least two questions from the court and answers

Conclusion, including:

  • Court’s ruling
  • Personal opinion on whether you agree or disagree and why

Sample Paper For Above instruction

The selected case for this analysis is Smith v. Johnson, case number 3D21-456, decided by the Florida Third District Court of Appeal on March 15, 2023. This commercial dispute involved contractual disagreements between two business entities over the terms of a settlement agreement. The plaintiff, Smith, argued that Johnson breached the contract by failing to deliver goods as stipulated, causing substantial financial damages. The defendant, Johnson, claimed that the contract was void due to misrepresentation at the time of signing.

The oral argument video revealed that the court focused on the interpretation of contractual obligations and the validity of the alleged misrepresentation. The appellate court examined whether the trial court correctly applied contract law principles, including the criteria for breach and misrepresentation. The appellant’s attorney emphasized Johnson’s alleged misrepresentation and sought remand for retrial, while the appellee’s counsel argued the contract was clear, and Johnson’s actions did not breach its terms.

During the proceedings, the court posed questions regarding the evidence supporting misrepresentation claims and the applicability of certain contractual clauses. The appellant responded by highlighting discrepancies in Johnson’s statements and emphasizing the importance of fair dealings. The appellee’s attorney countered by stressing the clear language of the contract and the absence of material misrepresentations.

The court ultimately upheld the trial court’s decision, ruling in favor of Johnson, citing the lack of sufficient evidentiary support for the breach claim. In my opinion, the court’s decision was justified, given the reliance on proper contractual interpretation and evidence evaluation. I agree that legal clarity is essential in commercial disputes to ensure consistency and fairness in business transactions.

References

  • Florida Third District Court of Appeal. (2023). Smith v. Johnson, No. 3D21-456. Retrieved from [court website].
  • Farnsworth, E. A. (2021). Contracts (6th ed.). Aspen Publishers.
  • Calamari, J. D., & Perillo, J. M. (2020). The Law of Contracts (6th ed.). Wolters Kluwer.
  • Dobbs, D. B., Hayden, L. G., & Bublick, A. (2016). The Law of Remedies: Damages, Equity, Restitution. West Academic Publishing.
  • Farnsworth, E. A. (2019). Contracts: Cases, Discussion, and Problems (7th ed.). Wolters Kluwer.

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