EVIDENCE: CHILD HEARSAY STATEMENTS

N.W. v. M.W., ___ So. 3d ___, 35 Fla. L. Weekly D1699 (Fla. 2d DCA 7/30/10)

The trial court applied the wrong standard of law in denying the mother’s motion to admit child hearsay statements of sexual abuse during the hearing of the father’s motion for unsupervised visitation.  The trial court denied the motion because of lack of corroborating … Click To Read Full Case Law Review...

Attorney’s Fees: Competent, Substantial Evidence

Sheth v. C.C. Altamontte Joint Venture, ___ So. 3d ___, 35 Fla. L. Weekly D1702 (Fla. 5th DCA 7/30/10)

On appeal from an order awarding prevailing party attorney’s fees, the trial court’s findings as to the reasonable number of hours worked and the reasonable blended hourly rate were affirmed because the findings were supported by competent and substantial evidence.… Click To Read Full Case Law Review...

Contempts: Civil, Clarity

Bertuglia v. Roe, ___ So. 3d ___, 35 Fla. L. Weekly D1703 (Fla. 5th DCA 7/30/10)

The appellate court affirmed an order denying the father’s motion for civil contempt because the order violated was not “clear and definite enough to provide notice of what [the wife was] required to do in order to comply with the court’s decree.”… Click To Read Full Case Law Review...

Amendment

Crown v. Chase Home Finance, ___ So. 3d ___, 35 Fla. L. Weekly D1703 (Fla. 5th DCA 7/30/10)

The trial court abused its discretion by denying the defendants’ motion to amend their answer after the plaintiff filed a motion for summary judgment and the pro se defendants retained counsel.  The refusal to allow an amendment “generally constitutes an abuse … Click To Read Full Case Law Review...

PUBLIC RECORDS: TRADE SECRETS

James, Hoyer, Newcomer, Smiljanich &Yanchunis, P.A. v. Rodale, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D1709 (Fla. 1st DCA 7/30/10)

Trade secrets are exempt from disclosure as public records.  A publisher’s (1) lists of potential subscribers and book purchasers, and (2) “contracts, reports, and communications with and from its suppliers and other vendors [,] constitute trade secrets.”  … Click To Read Full Case Law Review...