REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: REFORMATION: NECESSARY PARTY; CIVIL PROCEDURE: MOTION FOR SUMMARY JUDGMENT: PARTICULARITY

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Gee v. U.S. Bank National Association, ___ So. 3d ___, 36 Fla. L. Weekly D2159 (Fla. 5th DCA September 30, 2011)

The plaintiff filed a complaint against the defendant “to reestablish a lost note and mortgage, reform the legal description contained in the mortgage and the deed by which [the defendant] acquired title to the mortgaged property, and then to … Click To Read Full Case Law Review...

REAL ESTATE: LIEN FORECLOSURE; CIVIL PROCEDURE: SUMMARY JUDGMENT: AFFIRMATIVE DEFENSES

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Helping Hand Private Foundation, Inc. v. Ocean Palms Beach Club, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D2162 (Fla. 5th DCA September 30, 2011)

The appellate court reversed summary judgment foreclosing a lien against the defendant because the plaintiff failed to satisfy its burden of disproving or establishing the legal insufficiency of the defendant’s affirmative defenses but merely … Click To Read Full Case Law Review...

CRIMINAL LAW: EVIDENCE: HUSBAND-WIFE PRIVILEGE

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Williams v. State, ___ So. 3d ___, 36 Fla. L. Weekly the 2163 (Fla. 5th DCA September 30, 2011)

During the husband’s trial for robbery with a firearm, the trial court, over objection, admitted the wife’s testimony that the husband told her that he needed money to pay his attorney. As a result, the appellate court reversed the husband’s conviction. … Click To Read Full Case Law Review...

CIVIL PROCEDURE: NEW TRIAL: EVIDENCE OF SETTLEMENT: IMPROPER IMPEACHMENT: COMMENT ON THE FAILURE TO CALL WITNESSES; APPEALS: UNOBJECTED TO CLOSING ARGUMENT

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Harris v. Grunow, ___ So. 3d ___, 36 Fla. L. Weekly D2129 (Fla. 3d DCA September 28, 2011)

The appellate court reversed an order granting a new trial for the plaintiffs in an action between “neighbors disputing civil liability for the consequences of repugnant of repugnant environmental violations.” The Florida Department of Environmental Protection cited the plaintiff’s “for directing nonparty … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: NEGLIGENCE; MARITIME LAW: SEAWORTHINESS: MEDICAL STAFF: FAILURE TO ADOPT SAFETY PROCEDURES: FAILURE TO FOLLOW SAFETY PROCEDURES: CONGERIE OF NEGLIGENT ACTS; CIVIL PROCEDURE: SUMMARY JUDGMENT: PREMATURITY: DISCOVERY

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Flueras v. Royal Caribbean Cruises, LTD., ___ So. 3d ___, 36 Fla. L. Weekly D2131, (Fla. 3d DCA September 28, 2011)

The decedent, who was employed as a photographer on a cruise ship, died from septic shock as a result of a ruptured ectopic pregnancy. Her personal representative filed an action for unseaworthiness, but the trial court granted summary judgment … Click To Read Full Case Law Review...