TORTS: NEGLIGENCE: LIABILITY OF CONSTRUCTION CONSULTANT AND ITS QUALIFIER

Cannon v. Fournier, ___ So. 3d ___, 36 Fla. L. Weekly D426 (Fla. 2d DCA 2/25/11)

The plaintiff, who was employed by a framing contractor, fell from the second floor of a home under construction while trying to remove a sheet of plywood.  He sued the homeowners, a limited liability company that entered into a consulting agreement with the homeowners, … Click To Read Full Case Law Review...

CIVIL PROCEDURE: OFFER OF JUDGMENT: JOINT OFFER FROM TWO DEFENDANTS TO ONE PLAINTIFF

Rossmore v. Smith, ___ So. 3d ___, 36 Fla. L. Weekly D417 (Fla. 5th DCA 2/25/11)

The plaintiff sued two defendants for breach of contract.  The defendants twice filed offers of judgment.  “Both offers contained the same terms:  [the defendants] each agreed to contribute $50 to the settlement for a total of $100 . . . .”  Both the … Click To Read Full Case Law Review...

CIVIL PROCEDURE: NEW TRIAL: PROFESSIONAL RESPONSIBILITY: REPEATED DISCREGARD OF TRIAL COURT’S INSTRUCTIONS

Jackson v. Pena, ___ So. 3d ___, 36 Fla. L. Weekly D418 (Fla. 5th DCA 2/25/11)

During a medical malpractice case, defense counsel repeatedly ignored the trial court’s instruction to refrain from “us[ing] the terms ‘guilty’ or ‘innocent’ when questioning witnesses or addressing the jury with regard to the issue of the defendants’ standard of care.”  Despite this misconduct, … Click To Read Full Case Law Review...

INTEREST: UNPAID SERVICES

Wood v. Burnette, ___ So. 3d ___, 36 Fla. L. Weekly D423 (Fla. 2d DCA 2/25/11)

When the trial court in an eminent domain case refused to tax costs for the fees of one of the landowners’ experts, the landowners refused to pay the expert, and he sued the landowners to recover his fee.  Although the expert prevailed, the trial … Click To Read Full Case Law Review...

APPEALS: RECORD ON APPEAL: LACK OF TRANSCRIPT: SUFFICIENCY OF EVIDENCE, ATTORNEY’S FEES: ABSENCE OF FINDINGS TO SUPPORT AMOUNT OF FEES AWARDED BY TRIAL COURT

R.M.F. v. D.C., ___ So. 3d ___, 36 Fla. L. Weeky D425 (Fla. 2d DCA 2/25/11)

The father appealed from the award of attorney’s fees to the mother and the visitation schedule entered in a paternity case, but he failed to provide the appellate court with a transcript of the hearing.  As a result, the appellate court was unable to … Click To Read Full Case Law Review...