Florida Rules Decisions

Recent Posts from Florida Rules Decisions

• Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Assoc., Inc. (Fla. 4th DCA Nov. 18, 2009)

  In this case, a property owner sued a homeowner's association for injunctive and declaratory relief seeking access to a landlocked lot of land, as well as for damages for an alleged tortious interference of the…

• Quality Roof Svc's v. Intervest National Bank, 34 Fla. L. Wkly. D2205 (Fla. 4th DCA October 28, 2009)

  In this foreclosure action, Quality Roof Services (QRS) was named as a co-defendant based on a properly recorded construction lien.  QRS timely answered the Complaint, but did not assert any affirmative defenses or raise any cross-claims.…

• ROBERT WHITNEY, D.C. d/b/a 127th Street Intracoastal Chiropractic Center vs. A AVENTURA CHIROPRACTIC CARE CENTER, INC. ET AL, 34 Fla. L. Wkly D2186b (3d DCA Oct. 21, 2009)

  In this case, a defendant filed a motion in 2007 to set aside a default judgment that had been entered and recorded in 1993.  He claimed that he never received pleadings in the case or…

• State Farm Fire and Casualty Co. v. Diana Lezcano and Ricardo Diaz, 34 Fla. L. Wkly D2105a (Fla. 3d DCA Oct. 14, 2009)

  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 plaintiff's motion and granted it.  As for…

• Rule 9.200 and 9.142 Have Been Updated

  Per the Florida Supreme Court's October 15, 2009 Order, Florida Rules of Appellate Procedure 9.142, Procedures for Review in Death Penalty Cases, and 9.200, The Record, have been updated....

• Buck v. Chin, 34 Fla. L. Wkly. D2100 (Fla. 3d DCA Oct. 14, 2009)

  In this med mal case, the 3d DCA, on certiorari review, found that the record did not justify an expanded discovery search into the financial records of the defendant's medical expert. At his deposition, the…

• Jose Milton vs. John Reyes, 34 Fla. L. Wkly D2050a (Fla 3d DCA Oct. 7, 2009)

  In this personal injury case, the trial court denied plaintiff's motion for attorneys' fees pursuant to an offer of judgment because it did not include a certificate of service, although it was accompanied by a…

• Tarik, Inc. v. NNN Acquisitions, Inc., 34 Fla. L. Wkly D1977 (Fla. 4th DCA Sept. 30, 2009)

  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.…

• Challenger Investment Group, LC v. Jones, et. al., 34 Fla. L. Wkly. D1990 (Fla. 3d DCA Sept. 30 2009)

  Even after judgment has been satisfied a Defendant can move to set aside the satisfaction and judgment using Fla. R. Civ. Pro. 1.540(b) to recapture a purported overpayment to the Plaintiff based on alleged fraud by the…

• Bauer v. Dilib et al., 2009 WL 2949296 (Fla. 4th DCA Sept. 16, 2009)

  In this non-compete case, an employer obtained an injunction against its former employee and her new employer for aiding and abetting a breach of a restrictive covenant.  The trial court taxed attorneys' fees against the new…