TORTS: MOTOR VEHICLE NEGLIGENCE: REAR END COLLISION: SUBROGATION; CIVIL PROCEDURE: SUMMARY JUDGMENT: CAUSATION

Waring v. Nationwide Mutual Fire Insurance Company, ___So. 3d ___, 36 Fla. L. Weekly D1642 (Fla. 2d DCA July 29, 2011)

The appellate court reversed summary judgment for the uninsured motorist carrier in an action for subrogation against the tortfeasor. Although summary judgment was proper as to liability because “[the carrier] established [the tortfeasor’s] negligence as the rear driver in … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: DEFICIENCY JUDGMENT; PLEADING: ATTORNEY’S FEES

BMR Funding, LLC v. DDR Corporation, ___So. 3d ___, 36 Fla. L. Weekly D1642 (Fla. 2d DCA July 29, 2011)

The trial court erred by awarding attorney’s fees to defendants, who defeated  the plaintiff’s motion for deficiency judgment in an action to foreclose upon a mortgage, because the defendants failed to plead an entitlement to fees, although they had ample … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: NOTICE OF DEFAULT; CIVIL PROCEDURE: SUMMARY JUDGMENT: UNAUTHENTICATED DOCUMENT

Morrison v. US Bank, N.A., ___So. 3d ___, 36 Fla. L. Weekly D1646 (Fla. 5th DCA July 29, 2011)

The appellate court reversed summary judgment for the bank in an action to foreclose upon a mortgage. The borrower claimed that notice of default had not been given. “Although [the bank] attached a copy of the notice to its motion, the … Click To Read Full Case Law Review...

INJUNCTIONS: SEXUAL VIOLENCE: FAILURE TO FIND THAT AN ACT OF SEXUAL VIOLENCE OCCURRED

M.R. v. K.W., ___So. 3d ___, 36 Fla. L. Weekly D1600 (Fla. 2d DCA July 27, 2011)

“To enter a final judgment of injunction for sexual violence, the court must find that an act of sexual violence occurred.” In the present case, the trial court failed to comply with this requirement. As a result the appellate court reversed and remanded … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: PRESUIT REQUIREMENTS; CIVIL PROCEDURE: PLEADINGS: AMENDMENT

Laurencio v. Deutsche Bank National Trust Company, ___So. 3d ___, 36 Fla. L. Weekly D1600 (Fla. 2d DCA July 27, 2011)

The appellate court reversed summary judgment in favor of the bank in an action to foreclose on a mortgage because the lender filed (1) an affidavit “asserting that [the bank] had not provided notice of acceleration prior to initiating … Click To Read Full Case Law Review...