NURSING HOMES: VIOLATION OF NURSING HOME RESIDENT’S RIGHTS, SECTIONS 400.022-.023, FLORIDA STATUTES: CONDITION PRECEDENT: PRESUIT MEDIATION; APPEALS: CERTIORARI

Kissimmee Health Care Associates v. Garcia, ___ So. 3d ___, 37 Fla. L. Weekly D40 (Fla. 5th DCA December 30, 2011)

The plaintiff’s lawsuit for violations of his mother’s rights as a nursing home resident was not barred by the failure to submit to presuit mediation.  Although Section 400.0233(11), Florida Statutes, provides that the parties “shall meet in mediation” … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE INSURANCE CLAIMS: NEUTRAL EVALUATION, SECTION 627.7074, FLORIDA STATUTES: FAILURE TO COMPLETE NEUTRAL EVALUATION CONFERENCE WITHING 45 DAYS AFTER REQUEST; CONSTITUTIONAL LAW: ACCESS TO THE COURTS: SUPREME COURT RULE MAKING AUTHORITY; APPEALS: CERTIORARI: MANDAMUS

Cruz v. Cooperativa de Seguros Multiples de Puerto Rico, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D46 (Fla. 2d DCA December 30, 2011)

The insureds sued their homeowner’s insurance company for under evaluating their sinkhole claim, and the insurance company “invoked the ‘neutral evaluation’ procedure set forth in section 627.7074 [Florida Statutes].” The trial court stayed the lawsuit … Click To Read Full Case Law Review...

REAL ESTATE: CONDOMINIUMS: SUBSCRIPTION AND PURCHASE AGREEMENT: AGREEMENT TO COMPLETE UNIT WITHIN TWO YEARS: SURVEYOR’S CERTIFICATE OF COMPLETION

Tranquil Harbour Development, LLC v. BBT, LLC (212 & 311), ___ So. 3d ___, 37 Fla. L. Weekly D51 (Fla. 1st DCA December 30, 2011)

The parties to a subscription and purchase agreement disputed whether the developer kept his promise to deliver the completed condominium unit within two years.  The appellate court held “that the trial court erred as … Click To Read Full Case Law Review...

CRIMINAL LAW: JUDGES: DISQUALIFICATION; APPEALS: WAIVER: FUNDAMENTAL ERROR

Smith v. State, ___ So. 3d ___, 37 Fla. L. Weekly D52 (Fla. 1st DCA December 30, 2011)

After the defendant was convicted of felony battery, he appealed in part on the basis of judicial bias.  “[A]fter [the judge] allegedly orally indicated bias against [the defendant] immediately before jury selection, defense counsel did not move to disqualify the judge, … Click To Read Full Case Law Review...

CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT: COMPLAINT BY ATTORNEY GENERAL NEED NOT NAME DEFRAUDED CONSUMERS; CONSTITUTIONAL LAW: SELF INCRIMINATION: ORDER REQUIRING REPATRIATION AND ACCOUNTING OF FOREIGN ASSETS

Taubert v. State, ___ So. 3d ___, 37 Fla. L. Weekly D55 (Fla. 1st DCA December 30, 2011)

The Office of Attorney General (OAG) prevailed against the defendant in a civil enforcement action under the Florida Deceptive and Unfair Trade Practices Act for “defrauding corporations with phony invoices for over $2 million,” and the appellate court affirmed.  Contrary to … Click To Read Full Case Law Review...