PAROL EVIDENCE; SPECIAL EQUITY IN MARITAL HOME

Syverson v. Jones, ___ So. 2d ___, 34 Fla. L. Weekly D843 (Fla. 1st DCA 4/24/09)

Parol evidence was inadmissible to construe a prenuptial agreement because the agreement was not ambiguous.

The husband was not entitled to a special equity in the marital home because of payments for homeowner’s association fees, home insurance, property taxes, and mortgage.  “Where … Click To Read Full Case Law Review...

EXCITED UTTERANCES

Rodriguez v. State, ___ So. 2d ___, 34 Fla. L. Weekly D840 (Fla. 2d DCA 4/24/09)

A little girl ran out of an apartment, looking desperate and panicked, yelling that her father was killing her mother.  The statement qualified as an excited utterance.

The mother stumbled out of the apartment with swollen eyes and a bleeding face.  She got … Click To Read Full Case Law Review...

LOST DOCUMENTS

Environmental Services, Inc. v. Carter, ___ So. 2d ___, 34 Fla. L. Weekly D836 (Fla. 5th DCA 4/24/09)

The trial court should not have refused to enforce against a former employee a covenant not to compete merely because the written agreement was lost.

Florida law expressly permits the introduction of parol evidence to prove the contents of a … Click To Read Full Case Law Review...

STATUTE OF FRAUDS; SOVEREIGN IMMUNITY

City of Orlando v. West Orange Country Club, Inc., ___ So. 2d ___, 38 Fla. L. Weekly D834 (Fla. 5th DCA 4/24/09)

The City of Orlando and Orange County drafted a contract to provide the West Orange Country Club with 75,000,000 gallons of free reclaimed water per year for twenty years.  The country club signed the agreement, but the … Click To Read Full Case Law Review...