TORTS: REAR END COLLSION: FAILURE TO GRANT DEFENSE CONTINUANCE AFTER PLAINTIFF DROPPED IMPEACHABLE CLAIMS ON THE EVE OF TRIAL: EXCLUSION OF EVIDENCE ON DROPPED CLAIMS: IMPROPER, BUT UNOBJECTED TO, CLOSING ARGUMENT; CIVIL PROCEDURE: IDENTICAL PROPOSALS FOR SETTLEMENT TO OWNER AND DRIVER, EACH PROVIDING FOR THE RELEASE OF BOTH PARTIES, WERE UNAMBIGUOUS AND ENFORCEABLE

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Health First, Inc. v. Cataldo, ___ So. 3d ___, 37 Fla. L. Weekly D1551 (Fla. 5th DCA June 29, 2012)

The plaintiff was injured in a rear end collision.  She sued the owner and driver of the other vehicle and recovered a judgment in excess of $2 million.

The trial court did not abuse its discretion by denying the … Click To Read Full Case Law Review...

TORTS: RELIGION: CHURCH AUTONOMY DOCTRINE: DEFAMATION: BREACH OF FIDUCIARY DUTY: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: INVASION OF PRIVACY

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Bilbrey v. Myers, ___ So. 3d ___, 37 Fla. L. Weekly D1555 (Fla. 5th DCA June 29, 2012)

The church autonomy doctrine did not prevent a parishioner from suing his pastor for defamation and breach of fiduciary duty.  The pastor accused the parishioner of being gay and stated that his impending marriage was a sham to conceal his homosexuality.… Click To Read Full Case Law Review...

CIVIL PROCEDURE: TAXATION OF COSTS: COSTS INCURRED IN FIRST OF TWO TRIALS: NON-TESTIFYING EXPERTS: REASONABLE NECESSITY STANDARD

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Paul N. Howard Company v. Camp, Dresser & McKee, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D1557 (Fla. 5th DCA June 29, 2012)

The trial court erred by refusing to tax costs associated with the first of two trials “based on its conclusion that the result of that trial was irrelevant.”

The trial court erred by refusing … Click To Read Full Case Law Review...

FAMILY LAW: CIVIL PROCEDURE: VACATION OF VOLUNTARY DISMISSAL: TRIAL ON SHORT NOTICE

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Doyle v. Doyle, ___ So. 3d ___, 37 Fla. L. Weekly D1558 (Fla. 5th DCA June 29, 2012)

After her lawyer withdrew, the wife filed her third motion for continuance.  When the trial court denied her motion, the wife filed a notice of voluntary dismissal.  The husband moved to vacate the dismissal because his answer sought affirmative relief.  The … Click To Read Full Case Law Review...

INJUNCTIONS: REPEAT VIOLENCE: NO HOSTILE CONDUCT

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Strogis v. Mutty, ___ So. 3d ___, 37 Fla. L. Weekly D1558 (Fla. 5th DCA June 29, 2012)

The appellate court affirmed a final judgment of injunction for protection against repeat violence, which prohibited hostile contact by the respondent for a period of six months.  The petitioner was a high school senior appearing through her father.  The respondent, a … Click To Read Full Case Law Review...