FAMILY LAW: ATTORNEY’S FEES: ABSENCE OF FINDINGS: MEDIATION: SANCTIONS: LOST WAGES

Thomas v. Thomas, ___ So. 3d ___, 36 Fla. L. Weekly D1135 (Fla. 5th DCA 5/27/11)

The trial court, in post-dissolution proceedings, erred in its award of attorney’s fees and mediation sanctions. “First, although the trial court properly awarded fees to the former husband pursuant to the terms of the marital settlement agreement, the order on appeal does not include … Click To Read Full Case Law Review...

REAL ESTATE: BANKING: ARBITRATION: WAIVER: UNCONSCIONABILITY: NONPARTY: CIVIL PROCEDURE: INTERVENTION: FILL-IN-THE-BLANK FORM ORDER

Palmcrest Homes of Tampa Bay, LLC v. Bank of America, N.A., ___ So. 3d ___, 36 Fla. L. Weekly D1136 (Fla. 2d DCA 5/27/11)

Alex and his friend formed Palmcrest to “develop land and construct single and multifamily family residences.” CTS, which was controlled by Alex’s father, Chris, extended a line of credit to Palmcrest. Palmcrest obtained a second line … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE; CIVIL PROCEDURE: NEW TRIAL: JURY INTERVIEW: CONCEALMENT OF CLAIM HISTORY; APPEALS: PRESERVATION OF ERROR

State Farm Mutual Automobile Insurance Company v. Lawrence, ___ So. 3d ___, 36 Fla. L. Weekly D1138 (Fla. 2d DCA 5/27/11)

After the insureds obtained a favorable jury verdict in an action for uninsured motorist benefits, the insurance company moved for a new trial or jury interview. The trial court summarily denied both motions. The appellate court reversed because the … Click To Read Full Case Law Review...

INDEMNITY: CONTRACTUAL INDEMNITY: ATTORNEY’S FEES: ALTERNATE FEE RECOVERY CLAUSE: NON-CONTINGENT CONTRACT: HOURLY RATE MAY NOT EXCEED CONTRACT AMOUNT

Compass Construction, Inc. v. First Baptist Church of Cape Coral, Florida, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D1139 (Fla. 2d DCA 5/27/11)

A defendant entitled to attorney’s fees based upon contractual indemnity, who was represented by counsel retained by its liability insurance company, could not recover a greater hourly rate than its lawyer charged the insurance company. … Click To Read Full Case Law Review...

FAMILY LAW: INJUNCTIONS: INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILDREN: PETITIONER WHO IS THE AGGRESSOR NOT ENTITLED TO INJUNCTION

Moriggia V. Moriggia, ___ So. 3d ___, 36 Fla. L. Weekly D1141 (Fla. 2d DCA 5/27/11)

The appellate court reversed an injunction for protection against domestic violence with minor children because of the absence of “evidence that the petitioner was either the victim of domestic violence or had reasonable cause to believe he was in imminent danger of becoming a … Click To Read Full Case Law Review...