CIVIL PROCEDURE: SANCTIONS: FRAUD: ERRONEOUS FINDINGS

Health First, Inc. v. Hynes, ___ So. 3d ___, 37 Fla. L. Weekly D1780 (Fla. 5th DCA July 27, 2012)

The plaintiff moved for sanctions against the defendant because the defendant produced an edited version of a recorded telephone conversation material to the case.  The trial court granted the motion, prohibited the defendant from using either the full length … Click To Read Full Case Law Review...

FAMILY LAW: MOTION TO SET ASIDE MEDIATION SETTLEMENT AGREEMENT: MOTION FOR CONTINUANCE

Diedrick v. Diedrick, ___ So. 3d ___, 37 Fla. L. Weekly D1786 (Fla. 5th DCA July 27, 2012)

The trial court denied the wife’s motion for continuance and motion to set aside mediation settlement agreement and incorporated the agreement in the final judgment.  The appellate court reversed.  The trial court abused its discretion by denying a continuance to provide … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: DISCOVERY: SANCTIONS: FAILURE TO DISCLOSE ADDRESS OF WITNESS: SPOLIATION OF EVIDENCE: FAILURE TO PRESERVE SECURITY TAPE: VALCIN INSTRUCTION: EXCLUSION OF TESTIMONY BECAUSE OF UNTIMELY DISCLOSURE

Jones v. Publix Super Markets, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D1787 (Fla. 5th DCA July 27, 2012)

The husband sustained personal injuries when he slipped on water and fell in a Publix Super Market.  He and his wife sued Publix, but the jury returned a defense verdict.  The appellate court reversed and remanded for a … Click To Read Full Case Law Review...

INJUNCTIONS: DOMESTIC VIOLENCE: EXTENSION OF INJUNCTION WITHOUT EVIDENCE OF ADDITIONAL VIOLENCE, CONTINUING REASONABLE FEAR OF IMMINENT VIOLENCE, OR ALLOWING RESPONDENT TO BE HEARD

Lee v. Lee, ___ So. 3d ___, 37 Fla. L. Weekly D1790 (Fla. 2d DCA July 27, 2012)

The appellate court reversed an order permanently extending an injunction for protection against domestic violence because of the absence of evidence of the occurrence of additional domestic violence or a continuing reasonable fear of the imminent danger of becoming the victim of … Click To Read Full Case Law Review...

CONTRACTS: CONSTRUCTION DEFECTS: STATUTE OF LIMITATIONS; CIVIL PROCEDURE: DISCOVERY: INSURANCE CLAIM FILE: WORK PRODUCT: CONFLICT BETWEEN DISTRICT COURTS OF APPEAL – SUBSTANTIAL AND IMMINENT PROBABILITY OF LITIGATION VERSUS FORESEEABILITY OF LITIGATION: EXCEPTION TO WORK PRODUCT DOCTRINE FOR NEED AND INABILITY TO OBTAIN THE SUBSTANTIAL EQUIVALENT WITHOUT UNDUE HARDSHIP APPLIES TO INSURANCE CLAIM FILES: DO OVER; ATTORNEYS: REPRESENTATIONS OF COUNSEL ARE NOT EVIDENCE

Zirkelbach Construction, Inc. v. Rajan, ___ So. 3d ___, 37 Fla. L. Weekly D1793 (Fla. 2d DCA July 27, 2012)

The owner sued his home builder for defective construction, resulting in water intrusion and catastrophic loss, and the builder asserted a statute of limitations defense.  The trial court conducted an in camera  inspection and ordered the builder’s liability insurer to … Click To Read Full Case Law Review...