Ginsberg v. Northwest Medical Center, Inc., Jason Perelman, M.D., Mitchell...
In a medical malpractice case, a defendant medical center obtained a summary judgment based upon a pre-surgery consent form that the plaintiff had signed. The appellate court reversed because the...
View ArticleTarik, Inc. v. NNN Acquisitions, Inc., 34 Fla. L. Wkly D1977 (Fla. 4th DCA...
Entry of Summary Judgment order pursuant to Fla. R. Civ. Pro. 1.510, in case seeking possession of real property, by itself, is not an appealable, non-final order as set forth in Fla. R. App. Pro....
View ArticleState Farm Fire and Casualty Co. v. Diana Lezcano and Ricardo Diaz, 34 Fla....
In this car accident case involving insurance coverage, two plaintiffs in separate companion cases moved for summary judgment against the insurer. The trial court held hearings on the first...
View ArticleRoth v. Bank of America, 34 Fla. L. Wkly D2383 (Fla. 2d DCA Nov. 18, 2008)
In another foreclosure case gone wrong, which is becoming a trend in the appellate decisions of late, the Second DCA overturns the trial court’s entry of Summary Judgment where the hearing transcript...
View ArticleUNITED AUTOMOBILE INS. CO. v. PETER F. MERKLE, M.D., P.A., 35 Fla. L. Wkly...
In this insurance coverage dispute, the circuit court affirmed a county court judgment against the insurer on the basis that its opposing summary judgment expert affidavit contained “technical defects”...
View ArticleError to enter Summary Judgment while discovery pending – Almond...
Bayview Loan filed a commercial foreclosure action against Almond and later moved for summary judgment. At some point, it is not clear whether it is before or after the MSJ was filed, Almond moved to...
View ArticleSummary Judgment overturned on finding that material facts in dispute
The case involves the appeal of final summary judgment in a suit for civil forfeiture of $2,470.00. The currency was seized based on allegations that the currency’s owner (“Owner”) sold cocaine. The...
View ArticleCongratulations to Jason Baruch
Congratulations to my co-blogger Jason Baruch who has accepted a position as a partner at Holland and Knight: Holland & Knight Adds New Litigation Partner Jason H. Baruch
View ArticleNew Trial As a Result of Inflammatory Closing Argument
In this case, the defendant made a closing argument to the jury that shifted the focus of the case from compensating the plaintiff to punishing the defendant, “to make the defendant Continue Reading →
View ArticleFailure to Check DMV Records Rendered Search for Defendant Inadequate
In this Home Owners Association (HOA) lien foreclosure case, the Plaintiff was unable to locate the Defendant for service. HOA’s attorney filed an affidavit for service by publication, alleging: a)...
View ArticleMortgage Foreclosure Rules Amendments
Pursuant to an out of cycle amendment, Rule 1.110 has been modified to remove certain language specific to mortgage foreclosures and Rule 1.115 has been created to address specific pleading Continue...
View ArticleStandard of “Evident Partiality” to Challenge Arbitration Award
In this commercial contract case, the plaintiff received a damages award from an arbitrator. The defendant challenged the award because of its belief that the arbitrator gave “tips” to the Continue...
View ArticleTrial Court’s Erroneous Handling of a Writ of Mandamus
This case concerns a dispute between the Miami-Dade County Commission and a citizens group attempting to place ballot initiative before voters through a petition process. The County Commission...
View ArticleClaims in Amended Pleadings Relate Back – Not Time Barred
This case was marred by rather convoluted pleadings resulting from the consolidation of two separate suits filed by the same Plaintiff in 2009 and 2010. Post consolidation, the trial court permitted...
View ArticleJuror Goes on Social Media Rant – No New Trial
I once had a case where a prospective juror went on Facebook during a break in voir dire to make some rather colorful comments about the process. That juror was Continue Reading →
View ArticleNew Year, New Rules Amendments
Must and document. Those two words summarize the latest amendments to the Florida Rules of Civil Procedure. The amendments change 16 different rules and introduce a new rule 1.545 dealing Continue...
View ArticleNo Added Time For Mailing
When a court orders that a matter be done by a certain date, do the parties get to add an additional five days for mailing pursuant to Rule 2.514? The Continue Reading →
View ArticleTrial Court Erred by Weighing Credibility of Expert’s Affidavit on Summary...
In this case involving a slip in fall at a condominium, the Plaintiff sought to prove negligence of the Condominium Association through an expert who opined on the length of Continue Reading →
View ArticleExpert Determination
“Expert determination is a form of dispute resolution in which the parties use a subject-matter expert, rather than a judge, mediator, or arbitrator with legal training, to decide the dispute. Continue...
View ArticleTrial Court’s Erroneous Handling of a Writ of Mandamus
This case concerns a dispute between the Miami-Dade County Commission and a citizens group attempting to place ballot initiative before voters through a petition process. The County Commission...
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