CIVIL PROCEDURE: DISCOVERY: DEPOSITION: NONRESIDENT DEFENDANT: LOCATION; APPEALS: CERTIORARI

Dan Euser Waterarchitecture, Inc. v. City of Miami Beach, ___ So. 3d ___, 38 Fla. L. Weekly D971 (Fla. 3d DCA May 1, 2013)

The City of Miami Beach noticed the deposition of the corporate representative of a Canadian defendant in Miami-Dade County.  The trial court denied the defendant’s motion for protective order, but the appellate court granted the defendant’s Click To Read Full Case Law Review...

CIVIL PROCEDURE: RELIEF FROM DEFAULT JUDGMENT MAY NOT BE GRANTED MORE THAN ONE YEAR AFTER THE JUDGMENT WAS RENDERED UNLESS THE JUDGMENT IS VOID

Kalb v. The Sail Condominium Association, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D975 (Fla. 3d DCA May 1, 2013)

The trial court erred by vacating a default final judgment, based upon excusable neglect and a meritorious defense, because the motion to vacate was filed twenty-one months after the judgment was rendered, and the judgment was not void.  Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: APPRAISAL: LACK OF WRITTEN AGREEMENT BETWEEN THE PARTIES

Citizens Property Insurance Corporation v. Zunjic, ___ So. 3d ___, 38 Fla. L. Weekly D976 (Fla. 3d DCA May 1, 2013)

The trial court erred by granting the insured’s motion to compel appraisal because the appraisal clause in her homeowner’s insurance policy required written agreement between the parties, and her insurance company had not agreed to appraisal.  When the insured Click To Read Full Case Law Review...