CONTRACTS: ADDITIONS TO, AND REMODELING OF, HISTORIC HOME: NET JUDGMENT IN FAVOR OF CONTRACTOR NOT 25% GREATER THAN JOINT PROPOSAL FOR SETTLEMENT FROM HOMEOWNERS; CIVIL PROCEDURE: SANCTIONS: ATTORNEY’S FEES: SECTION 768.79, FLORIDA STATUTES; COSTS

Wolfe v. Culpepper Constructors, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D505 (Fla. 2d DCA February 29, 2012)

The owners, a husband and wife, hired the contractor to build an addition to, and remodel, their historic home.  When the owners refused to pay the final bill based upon alleged overcharges and defective workmanship, the contractor recorded a claim … Click To Read Full Case Law Review...

APPEALS: NON-FINAL ORDER DETERMINING THE PERCENTAGES OF OWNERSHIP OF THREE INDIVIDUALS IN A BUSINESS WAS NOT APPEALABLE

Higgins v. Ryan, ___ So. 3d ___, 37 Fla. L. Weekly D509 (Fla. 3d DCA February 29, 2012)

An order determining the percentages of ownership of three individuals  in a business was not appealable under Fla. R. App. P. 9.130(a)(3)(C)(ii) as a nonfinal order that determined “the right to immediate possession of property, including but not limited to orders that … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS INSURANCE: APPRAISAL: COMPLIANCE WITH POST-LOSS CONDITIONS: EVIDENTIARY HEARING

United Property and Casualty Insurance Company v. Concepcion,  ___ So. 3d ___, 37 Fla. L. Weekly D511 (Fla. 3d DCA February 29, 2012)

The trial court erred by granting the homeowners’ motion to compel appraisal without conducting an evidentiary hearing because the parties disputed whether the insureds satisfactorily complied with post-loss conditions.… Click To Read Full Case Law Review...

CIVIL PROCEDURE: SANCTIONS: FAILURE TO ATTEND STATUS CONFERENCE: RELIEF FROM JUDGMENT: MAILING NOTICE TO WRONG ADDRESS

Touloute v. City of Fort Lauderdale, ___ So. 3d ___, 37 Fla. L. Weekly D521 (Fla. 4th DCA February 29, 2012)

When the trial court dismissed his case for failure to appear at a status conference, the plaintiff moved for relief from judgment, and the trial court denied his motion.  The appellate court reversed because notice of the status … Click To Read Full Case Law Review...

REAL ESTATE: LANDLORD-TENANT: EARLY TERMINATION OF LEASE: ARBTRARY REFUSAL TO CONSENT TO SUBLEASE: BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

Siewart v. Casey, ___ So. 3d ___, 37 Fla. L. Weekly D527 (Fla. 4th DCA February 29, 2012)

When the landlord withheld his consent to any sublease, the tenant vacated the property and stopped paying rent.  The landlord sued for unpaid rent, late charges, and unpaid utility charges, and the tenant counterclaimed based upon the landlord’s failure to mitigate … Click To Read Full Case Law Review...