DISCOVERY: SANCTIONS

Horace Mann Insurance Co. v. Chase, ___ So. 3d ___, 35 Fla. L. Weekly D2599 (Fla.1st DCA 11/30/10)

The appellate court reversed an order imposing sanctions “for a party’s bad-faith failure to participate in pre-trial discovery.”  “Sanctions were inappropriate under Rule 1.380 because the [plaintiffs] did not prevail on a motion to compel and [the defendant’s] counsel did … Click To Read Full Case Law Review...

Appealability: Partition

Hawkins v. Hawkins, ___ So. 3d ___, 35 Fla. L. Weekly D2606 (Fla. 1st DCA 11/30/10)

An order that failed to distribute the proceeds from the sale of partitioned property was neither a final appealable order nor a non-final order from which an interlocutory appeal may be prosecuted under Fla. R. App. P. 9.130(a)(3).Click To Read Full Case Law Review...

Mistrial: Presence of Alternate Juror During Deliberation

Tello-Lugo v. State, ___ So. 3d ___, 35 Fla. L. Weekly D2581 (Fla. 2d DCA 11/24/10)

“Florida Rule of Criminal Procedure 3.280(a) provides that ‘an alternate juror who does not replace a principal juror shall be discharged at the same time the jury retires to consider its verdict.’  This rule is mandatory, not permissive. . . .  This rule applies … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: PERSONAL JURISDICTION, SERVICE OF PROCESS, WAIVER

Opella v. Bayview Loan Servicing, LLC., ___ So. 3d ___, 35 Fla. L. Weekly D2585 (Fla. 3d DCA 11/24/10)

The appellate court reversed a final summary judgment of foreclosure against the personal guarantor because he was not served with process.  As a result, the judgment was void.  Contrary to the lender’s assertion, the guarantor did not waive lack of service … Click To Read Full Case Law Review...

INSURANCE: APPRAISAL, PREMATURITY, RESERVATION OF JURISDICTION TO DETERMINE COVERAGE ISSUES, SEQUENCE OF APPRAISAL AND COVERAGE DETERMINATIONS

Citizens Property Insurance Corporation v. Galeria Villas Condominium Association, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D2586 (Fla. 11/24/10)

The appellate court reversed an order granting the insured’s motion to compel appraisal because of the insured, condominium association’s failure to comply with the insurance company’s requests for (1) the production of the declaration of condominium, bylaws, minutes, and … Click To Read Full Case Law Review...