REAL ESTATE: MORTGAGE FORECLOSURE: LOST NOTE: PROTECTION AGAINST THE CLAIMS OF THIRD PARTIES: SECTION 673.3091(2), FLORIDA STATUTES; CIVIL PROCEDURE: AMENDMENT TO CONFORM TO THE EVIDENCE

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Guerrero v. Chase Home Finance, LLC, ___ So. 3d ___, 37 Fla. L. Weekly D692 (Fla. 3d DCA March 31, 2012)

Although the complaint in an action to foreclose on a mortgage did not seek to reestablish a lost note, the plaintiff introduced evidence that it had possession of the original note but misplaced it before trial.  As a result, … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE: FIRST PARTY BAD FAITH; CONFLICT OF LAWS: CHOICE OF LAW: LAW OF THE PLACE OF THE CONTRACT: LAW OF THE PLACE OF PERFORMANCE: STATE HAVING THE MOST SIGNIFICANT INTEREST IN THE CONTROVERSY: PLACE OF THE INSURED’S RESIDENCE

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Higgins v. West Bend Mutual Insurance Company, ___ So. 3d ___, 37 Fla. L. Weekly D757 (Fla. 5th DCA March 30, 2012)

The plaintiffs – Minnesota residents involved in a motor vehicle accident in Orlando – sued the tortfeasor and their uninsured motorist carrier in Florida.  After the tortfeasor settled for his policy limits, the case went to trial, … Click To Read Full Case Law Review...

SETTLEMENT: ORDER ENFORCING IN PART AND DENYING IN PART SETTLEMENT AGREEMENT AND ORDERING PARTIES TO RECONVENE SETTLEMENT NEGOTIATIONS: APPEALS: NON-FINAL ORDERS INVOLVING INJUNCTIONS

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Clevens v. Omni Healthcare, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D761 (Fla. 5th DCA March 30, 2012)

An order granting in part and denying in part the terms of the parties’ settlement agreement and ordering the parties to reconvene for additional settlement negotiations was not reviewable under Fla. R. App. P. 9.130(a)(3)(B) as a non-final order … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: TOBACCO: APPLICATION OF EIGHT ENGLE PHASE I FINDINGS: ISSUE PRECLUSION: CLAIM PRECLUSION: DUE PROCESS

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Philip Morris USA v. Douglas, ___ So. 3d ___, 37 Fla. L. Weekly D764 (Fla. 2d DCA March 30, 2012)

The appellate court affirmed judgment for the plaintiff in an Engle wrongful death case.  The court rejected the Tobacco Companies’ arguments that (1) “the Phase I [Engle] findings do not relieve [the plaintiff] of the responsibility of proving … Click To Read Full Case Law Review...

CONSUMER LAW: FLORIDA CONSUMER COLLECTIONS PRACTICES ACT: SECTIONS 559.55 -.785, FLORIDA STATUTES: VOICEMAIL MESSAGES THAT DID NOT STATE THE CALLS WERE BEING MADE BY A CONSUMER DEBT COLLECTOR TO COLLECT A DEBT

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Read v. MFP, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D769 (Fla. 2d DCA March 30, 2012)

A debt collector did not violate the Florida Consumer Collections Practices Act by leaving two voicemail messages on the plaintiff’s answering machine without stating that the calls were being made by a consumer debt collector to collect a debt.  Under Florida … Click To Read Full Case Law Review...