WATER QUALITY ASSURANCE ACT: DEFENSES: WORKER’S COMPENSATION IMMUNITY

General Dynamics Corporation v. Brottem, ___ So. 3d ___, 36 Fla. L. Weekly D66 (Fla. 5th DCA 12/30/10)

The Water Quality Assurance Act imposes strict liability against the owners of real property “for damages caused by surface or groundwater contaminants on the property.” The Act enumerates the “only defenses” to liability under the Act. Although worker’s compensation immunity is … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGES: PRIORITY, NOTICE, RACE-NOTICE

Argent Mortgage Company, LLC v. Wachovia Bank N.A., ___ So. 3d ___, 36 Fla. L. Weekly D69 (Fla. 5th DCA 12/30/10)

B recorded its mortgage after A, but B did not have notice of A’s mortgage when B’s mortgage was executed. The trial court entered summary judgment determining that A had priority over B, but the appellate court reversed. … Click To Read Full Case Law Review...

DISCOVERY: FINANCIAL INFORMATION; EVIDENCE: UNSWORN REPRESENTATIONS OF COUNSEL

Diaz-Verson v. Walbridge Aldinger Company, ___ So. 3d ___, 36 Fla. L. Weekly D26 (Fla. 2d DCA 12/29/10)

When the general contractor was not paid, it sued the owner’s principal for fraud and sought to obtain his personal financial information from various banks. The trial court denied the principal’s motion for protective order, and he filed a petition for certiorari. … Click To Read Full Case Law Review...

INJUNCTIONS: DOMESTIC VIOLENCE

Gill v. Gill, ___ So. 3d ___, 36 Fla. L. Weekly D30 (Fla. 2d DCA 12/29/10)

The appellate court reversed a final judgment of injunction against domestic violence against the husband based upon the following evidence: (1) an isolated incident of pushing years before the petition was filed, (2) threatening to have the wife arrested for violating an injunction “already … Click To Read Full Case Law Review...