APPEALS: WRIT OF MANDAMUS: NOTICE OF LIS PENDENS

Allen v. City of Jacksonville, ___ So. 3d ___, 36 Fla. L. Weekly D2374 (Fla. 1st DCA October 31, 2011)

The appellate court denied a petition for writ of mandamus, which sought to compel the trial court to act on a notice of lis pendens served on the clerk of the court, because the petitioner did not file a … Click To Read Full Case Law Review...

APPEALS: WRIT OF MANDAMUS: REQUEST FOR PATERNITY TEST

Thomas v. State, ___ So. 3d ___, 36 Fla. L. weekly D2374 (Fla. 1st DCA October 31, 2011)

The appellate court denied a petition for writ of mandamus, which sought to compel the trial court to rule on the petitioner’s request for a paternity test, because the petitioner did not file a motion and bring it to the trial … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: ATTORNEY’S FEES; APPEALS: JURISDICTION: ENTITLEMENT TO ATTORNEY’S FEES: RIPENESS

Morrison v. United States, ___ So. 3d ___, 36 Fla. L. Weekly D2375 (Fla. 1st DCA October 31, 2011)

The appellate court affirmed an award of attorney’s fees to the plaintiff in an action to foreclose upon a mortgage, but it dismissed the defendant’s appeal from a finding of entitlement to attorney’s fees, based upon the dismissal of its … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: NURSING HOMES: ARBITRATION: UNCONSCIONABILITY

Tampa HCP, LLC v. Bachor, ___ So. 3d ___, 36 Fla. L. Weekly D2350 (Fla. 2d DCA October 26, 2011)

The appellate court reversed an order denying the nursing home’s motion to compel arbitration in a wrongful death case.  “The evidence here did not show procedural unconscionability. No one at the facility told [the decedent’s daughter, who signed the admission … Click To Read Full Case Law Review...

REAL ESTATE: BREACH OF CONTRACT: FAILURE TO CLOSE: FINANCING CONTINGENCY; CIVIL PROCEDURE: JUDGMENT ON THE PLEADINGS: FACTUAL QUESTION

Cuccarini v. Rosenfeld, ___ So. 3d ___, 36 Fla. L. Weekly D2353 (Fla. 3d DCA October 26, 2011)

The appellate court reversed judgment on the pleadings in favor of the seller in a failed real estate transaction. The buyer failed to close because his bank “discontinued the loan program the buyer had qualified under,” and the buyer was unable to … Click To Read Full Case Law Review...