ADMINISTRATIVE LAW: APPEALS: PREMATURE APPEAL: RENDITION

Sumner v. Board of Trustees, ___ So. 3d ___, 37 Fla. L. Weekly D262 (Fla. 1st DCA January 30, 2012)

An appeal from an administrative order was dismissed as premature because the order under review had not been rendered because the order had not been filed with the clerk of the administrative agency.  If, as the appellant contended, the … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: VICARIOUS LIABILITY; APPEALS: SANCTIONS: 57.105, FLORIDA STATUTES: FRIVOLOUS APPEAL

Waddington v. Baptist Medical Center of the Beaches, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D263 (Fla. 1st DCA January 30, 2012)

The plaintiff sought to impose vicarious liability against the hospital based upon the alleged negligence of two physicians, but the plaintiff voluntarily dismissed with prejudice his claim against one physician, and the other physician prevailed … Click To Read Full Case Law Review...

REAL ESTATE: CONDOMINIUMS: IMPLIED WARRANTY OF FITNESS: SUPPLIERS: MANUFACTURER

Harbor Landing Condominium Owners Association, Inc. v. Harbor Landing, L.L.C., ___ So. 3d ___, 37 Fla. L. Weekly D265 (Fla. 1st DCA January 30, 2012)

A manufacturer whose products are incorporated into a condominium but that had no direct connection with the condominium project was not a supplier for the purposes of Section 718.203(2), Florida Statutes, which provides, “The … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISCOVERY: DISCOVERY IN AID OF EXECUTION: NONPARTY; APPEALS: CERTIORARI: MOOTNESS

Martineau v. Banco Popular North America, ___ So. 3d ___, 37 Fla. L. Weekly D259 (Fla. 2d DCA January 27, 2012)

The judgment debtor filed a motion for protective order to prevent the judgment creditor, a bank, from obtaining discovery in aid of execution from a nonparty.  The trial court denied the motion, and the debtor filed a petition for … Click To Read Full Case Law Review...

CRIMINAL LAW: EVIDENCE: HEARSAY: ANONYMOUS INFORMATION ABOUT IDENTITY OF PERPETRATOR

Walker v. State, ___ So. 3d ___, 37 Fla. L. Weekly D203 (Fla. 2d DCA January 20, 2012)

During direct examination, the State asked one of the victims whether he “[got] information from the streets about who potentially did this?  The trial court overruled the defendant’s hearsay objection, and the jury convicted him.  The appellate court reversed.  “Where the inference … Click To Read Full Case Law Review...