Orders: Rendition

DeSantis v. V & J Enterprises, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D1445 (Fla. 4th DCA 6/30/10)

The trial judge dismissed a personal injury case because the plaintiff’s lawyer failed to appear for the case management conference.  The order of dismissal was stamped with the name of the judge and the date, but it was not … Click To Read Full Case Law Review...

Defamation: Public Figure; Actual Malice; Summary Judgment

Don King Productions, Inc. v. The Walt Disney Company, ___ So. 3d ___, 35 Fla. L. Weekly D1447 (Fla. 4th DCA 6/30/10)

The appellate court affirmed a summary judgment for the defendant in an action for defamation by a public figure because the plaintiff failed to provide clear and convincing evidence of actual malice on the part of the … Click To Read Full Case Law Review...

Attorney’s Fees: Vacation of Underlying Judgment

S & I Investments. v. Payless Flea Market, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D1451 (Fla. 4th DCA 6/30/10)

“Where a court awards prevailing party attorney’s fees and the underlying judgment is vacated, the attorney’s fee judgment must also be vacated.”… Click To Read Full Case Law Review...

Injunction Against Repeat Violence

Tiger v. Marcus, ___ So. 3d ___, 35 Fla. L. Weekly D1453 (Fla. 4th DCA 6/30/10)

The appellate court reversed an injunction against repeat violence because the petitioner only proved one act of violence, a battery.  Although bricks were thrown through the window of the petitioner’s apartment, the petitioner could not prove that the respondent was the responsible party.  … Click To Read Full Case Law Review...

DISSOLUTION OF MARRIAGE: ATTORNEY’S FEES

Herbst v. Herbst, ___ So. 3d ___, 35 Fla. L. Weekly D1453 (Fla. 4th DCA 6/30/10)

The appellate court reversed an award of 75% of her attorney’s fees to the wife because the parties’ disposable income was approximately the same.  Although a slight percentage may have been sustainable, 75% clearly was not.… Click To Read Full Case Law Review...