TORTS: CONTRIBUTION: FAILURE TO EXTINGUISH LIABILITY OF JOINT TORTFEASOR: REFORMATION OF RELEASE: UNILATERAL MISTAKE; CIVIL PROCEDURE: SUMMARY JUDGMENT

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Trapper John Animal Control, Inc. v. Gilliard, ___ So. 3d ___, 37 Fla. L. Weekly D2084  (Fla. 5th DCA August 31, 2012)

When the plaintiff entered into a settlement with the defendant, the release did not extinguish the plaintiff’s claims against the treating doctor.  Fourteen months later, the plaintiff signed a separate release extinguishing her claims against the treating … Click To Read Full Case Law Review...

CRIMINAL LAW: JUDGES: EXCESSIVE PARTICIPATION IN EXAMINATION OF PROSECUTION WITNESS BY TRIAL JUDGE: FUNDAMENTAL ERROR: NEW TRIAL BEFORE DIFFERENT JUDGE

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Johnson v. State, ___ So. 3d ___, 37 Fla. L. Weekly D2086 (Fla. 5th DCA August 31, 2012)

The trial judge, in a criminal case, committed reversible error by interjecting himself into the proceedings.  “[T]he trial judge actively participated in examining the State’s primary witness on substantive issues.  In ruling on objections, the court commented, in front of the … Click To Read Full Case Law Review...

CIVIL PROCEDURE: SERVICE OF PROCESS: PROCESS SERVER’S FAILURE TO INCLUDE THE DATE AND TIME OF SERVICE, HIS IDENTIFICATION NUMBER, OR HIS INITIALS ON ANY OF THE DOCUMENTS SERVED

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Schofield v. Wells Fargo Bank, N.A., ___ So. 3d ___, 37 Fla. L. Weekly D2088 (Fla. 5th DCA August 31, 2012)

The trial court erred by failing to quash service of process on the defendants because “the process server failed to include the date and time of service, his identification number, or his initials on any of the documents … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: MOTION TO VACATE SALE BECAUSE PARTIES ENTERED INTO FORBEARANCE AGREEMENT: APPEALS: APPLICATION OF WRONG LEGAL STANDARD IS NOT AN EXERCISE OF DISCRETION AND IS SUBJECT TO DE NOVO, RATHER THAN DEFERENTIAL, REVIEW

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Josecite v. Wachovia Mortgage Corporation, ___ So. 3d ___, 37 Fla. L. Weekly D2088 (Fla. 5th DCA August 31, 2012)

The trial court erred by denying the defendant’s motion to vacate a foreclosure sale.  The plaintiff should have cancelled the sale because the parties entered into a forbearance agreement.  The trial court erroneously concluded that “a foreclosure sale may … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: LACK OF STANDING; CIVIL PROCEDURE: SUFFICIENCY OF SERVICE OF PROCESS: WAIVER; APPEALS: EXISTENCE OF AN APPEALABLE NON-FINAL ORDER DOES NOT CONFER JURISDICTION TO REVIEW A NON-APPEALABLE, NON-FINAL ORDER

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Swartz v. Citimortgage, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D2090 (Fla. 5thDCA August 31, 2012)

The defendant, in an action to foreclose upon her mortgage, waived her challenge to the sufficiency of service by failing to assert it in her motion to dismiss based on lack of standing.  “She never amended her motion to dismiss … Click To Read Full Case Law Review...