APPEALS: TIMELINESS

Hollifield v. Renew and Co., Inc., ___ So. 2d ___, 34 Fla. L. Weekly D1196 (Fla. 1st DCA 6/12/09)

The court granted a petition for writ of certiorari and quashed an order that was re-entered under Fla.R.Civ.P. 1.540(b) to enable the respondent to file a timely notice of appeal because (1) the respondent’s predicament was caused by its … Click To Read Full Case Law Review...

DISQUALIFICATION OF COUNSEL

Walker v. River City Logistics, Inc., ___ So. 2d ___, 34 Fla. L. Weekly D1194 (Fla. 1st DCA 6/12.09)

The court quashed an order disqualifying the claimant’s worker’s compensation counsel based upon his possession of privileged documents because the employer disclosed privileged documents to the claimant’s public defender in another proceeding, and the employer did not argue that … Click To Read Full Case Law Review...

SANCTIONS, SECTION 57.105, FLORIDA STATUTES

Kenniasty v. Bionetics Corporation, ___ So. 2d ___, 34 Fla. L. Weekly D1187 (Fla. 5th DCA 6/10/09)

On July 1st, 2002, the Florida legislature added a safe harbor provision to Section 57.105, Florida Statutes.  Under this provision, the party seeking sanctions must serve its motion for attorney’s fees 21 days before filing it.  This provision applies … Click To Read Full Case Law Review...

ATTORNEY’S FEES, SECTION 627.428, CERTIORARI PROCEEDINGS

Garcia v. State Farm Mutual Automobile Insurance Co., ___ So. 2d ___, 34 Fla. L. Weekly D1185 (Fla. 5th DCA 6/12/09)

The court held that an insured is not entitled to a provisional award of attorney’s fees, contingent upon ultimately prevailing in the case, for pursuing an unsuccessful writ of certiorari.  Section 627.428, Florida Statutes, provides for an … Click To Read Full Case Law Review...

VISITATION, REHABILITATIVE ALIMONY, ATTORNEY’S FEES

Lovell v. Lovell,  ___ So. 2d ___, 34 Fla. L. Weekly D1182 (Fla. 5th DCA 6/12/09)

The final judgment of dissolution of marriage prohibited the husband’s new wife from being present during visitation until the children’s therapist deemed it appropriate.  Although the children blamed the new wife for break-up of their family, the appellate court reversed this limitation … Click To Read Full Case Law Review...