CIVIL PROCEDURE: SUMMARY JUDGMENT: AMBIGUITY: EXTRINSIC EVIDENCE

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Talbott v. First Bank Florida, FSB, ___ So. 3d ___, 36 Fla. L. Weekly D652 (Fla. 4th DCA 3/30/11)

In this case, both contracting parties had differing, but plausible, interpretations of the contract. As a result, the contract was ambiguous, and the trial court erred by entering summary judgment for the seller. On remand, the trial court would be … Click To Read Full Case Law Review...

EVIDENCE: HEARSAY: PRIOR CONSISTENT STATEMENT

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Rodríguez v. State, ___ So. 3d ___, 36 Fla. L. Weekly D657 (Fla. 4th DCA 3/30/11)

The co-defendant’s statement to the police, before she reached a plea agreement, was admissible at trial as a prior consistent statement because the defendant suggested that her testimony was improperly influenced by the agreement.… Click To Read Full Case Law Review...

EVIDENCE: EXCITED UTTERANCE: 911 CALLS; AUTOPSY PHOTOGRAPHS

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Stanley v. State, ___ So. 3d ___, 36 Fla. L. Weekly D659 (Fla. 4th DCA 3/30/11)

911 calls made by witnesses to a violent crime were admissible as excited utterances because they “were made immediately after the crime, were not in response to the police investigation, and were made to request assistance.”

Autopsy photographs introduced into evidence during the … Click To Read Full Case Law Review...

TORTS: SEXUAL HARASSMENT: EXISTENCE OF STATUTORY CAUSE OF ACTION DOES NOT BAR COMMON LAW CLAIMS; WORKER’S COMPENSATION IMMUNITY; APPEALS: FINALITY: ORDER OF DISMISSAL THAT DOES NOT INCLUDE THE WORDS “WITH PREJUDICE”

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Gerber v. Vincent’s Men’s Hairstyling, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D661 (Fla. 4th DCA 3/30/11)

The plaintiff sued her employer and its owner because the owner “touched her in a sexual manner on multiple occasions.”  The complaint asserted claims for negligent retention and supervision and vicarious liability against the employer and a claim for battery against … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DEFAULT: PERSONAL JURISDICTION: DEFECTIVE SERVICE: WAIVER

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Chancelor v. BWC Investments, ___ So. 3d ___, 36 Fla. L. Weekly D 662 (Fla. 4th DCA 3/30/11)

The plaintiff sued a father and his two sons. Personal service was obtained upon the father. Substituted service was attempted upon the sons by leaving their summonses with the father. The father retained a lawyer who filed a motion to dismiss on … Click To Read Full Case Law Review...