CRIMINAL LAW: EVIDENCE: REDIRECT EXAMINATION: PROPER REBUTTAL RATHER THAN IMPROPER VOUCHING

Cherisma v. State, ___ So. 3d ___, 37 Fla. L. Weekly D1050 (Fla. 3d DCA April 30, 2012)

The State called the investigating detective as a witness during its case in chief.  During cross examination, defense counsel established “inconsistencies between the victim’s initial and subsequent account of the details” of the crime.  On redirect examination, the detective testified over objection … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: ACTION FOR DECLARATORY JUDGMENT AND BREACH OF CONTRACT; CIVIL PROCEDURE: DISCOVERY: PRIVILEGE LOG: PRODUCTION OF CLAIM FILE; APPEALS: CERTIORARI

State Farm Florida Insurance Company v. Ramirez, ___ So. 3d ___, 37 Fla. L. Weekly D1051 (Fla. 3d DCA April 30, 2012)

The trial court, in an action by the homeowners for declaratory judgment and breach of contract, ordered the insurance company to (1) “create a privilege log and provide the documents under seal for an in camera inspection,” and … Click To Read Full Case Law Review...

CIVIL PROCEDURE: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT: UNDIFFERENTIATED PROPOSAL FOR SETTLEMENT FROM ONE DEFENDANT CONDITIONED UPON THE RELEASE OF ALL DEFENDANTS WAS INVALID

Duplantis v. Brock Specialty Services, Ltd., ___ So. 3d ___, 37 Fla. L. Weekly 1010 (Fla. 5th DCA April 27, 2012)

The plaintiff in a motor vehicle negligence case sued three defendants:  the driver of the other vehicle, the owner, and the sublessee.  The sublessee served a proposal for settlement in the amount of $300,000 conditioned upon the release … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISMISSAL: FRAUD ON THE COURT: MISREPRESENTATIONS OF MEDICAL HISTORY AND CURRENT INJURIES

Perrine v. Henderson, ___ So. 3d ___, 37 Fla. L. Weekly D1011 (Fla. 5th DCA April 27, 2012)

The trial court dismissed the plaintiff’s case for fraud on the court because “he had made numerous misrepresentations regarding his medical history and current injuries, all of which were core issues in the case.”  The appellate court affirmed because clear and … Click To Read Full Case Law Review...

FAMILY LAW: MODIFICATION OF CHILD’S RESIDENCE: RELOCATION; EVIDENCE: TESTIMONY BY TELEPHONE OVER PARTY’S OBJECTION

Cole v. Cole, ___ So. 3d ___, 37 Fla. L. Weekly D1014 (Fla. 5th DCA April 27, 2012)

The appellate court reversed an order changing the minor child’s residence from the mother to the father and allowing the father to relocate to the State of Washington because the trial court relied upon the evidence provided by witnesses who testified … Click To Read Full Case Law Review...