LUDWIG

v.

EVERGREEN OVERLOOK, INC., ET AL.

Citator

Cited By

• The Glens Falls Ins. Co. v. Millicent Russell and The Estate of Richard Russell, 567 So. 2d 939 (Fla. 4th DCA 1990)
  …time the supreme court originally rendered its decision. Thus, the trial court applied the cor [*941] rect standard in its December 1988 award of fees.1 See, e.g., City of Pompano Beach v. Haggerty, 530 So. 2d 1023 (Fla. 4th DCA 1988), cert. denied, 489 U.S. 1054, 109 S.Ct. 1317, 103 L.Ed.2d 586 (1989) (courts are required to apply the law at the time of the appellate decision rather than the prevailing law at the time of the trial court’s decision where there is a change in the state of the law that occurs…
• Stano v. Dugger, 921 F.2d 1125 (11th Cir. 1991)
  …ht to counsel implicitly includes the right to effective assistance of counsel. McMann v. Richardson, 397 U.S. 759, 771 & n. 14, 90 S.Ct. 1441, 1449 & n. 14, 25 L.Ed.2d 763 (1970); Chatom v. White, 858 F. 2d 1479, 1484 (11th Cir.1988), cert. denied, 489 U.S. 1054, 109 S.Ct. 1316, 103 L.Ed.2d 585 (1989); see Powell v. Alabama, 287 U.S. 45, 53, 53 S.Ct. 55, 58, 77 L.Ed. 158 (1932). A defendant is entitled to this constitutional guarantee of effective assistance of counsel whether he is represented by a retaine…
• Hanchey v. Energas Co., 925 F.2d 96 (5th Cir. 1990)
  …nge the dismissal of her ERISA claim. Analysis As summary judgment movant, the defendant had the burden of showing the absence of a genuine issue of material fact. Harbor Ins. Co. v. Trammell Crow Co., 854 F. 2d 94, 98 (5th Cir.1988), cert denied, 489 U.S. 1054, 109 S.Ct. 1315, 103 L.Ed.2d 584 (1989). “A dispute about a material fact is ‘genuine’ if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Bienkowski v. American Airlines, 851 F. 2d 1503, 1504 (5th Cir.198…