CIVIL PROCEDURE: SUBPOENA DUCES TECUM WITHOUT DEPOSITION: DENIAL OF MOTION FOR PROTECTIVE ORDER; APPEALS: CERTIORARI: CONFIDENTIALITY ORDER

Katzman v. Winn-Dixie Stores, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1611 (Fla. 5th DCA July 26, 2013)

Apparently, the defendant in a personal injury case served a subpoena duces tecum without deposition on the treating orthopedic surgeon.  When the surgeon’s motion for protective order was denied, he filed a petition for certiorari.  Although “the trial court … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: DEFENDANT DID NOT BECOME PREVAILING PARTY WHEN JUNIOR LIENHOLDER DISMISSED ITS FORECLOSURE ACTION FOR MOOTNESS AFTER SENIOR LIENHOLDER OBTAINED FORECLOSURE JUDGMENT AND DEFICIENCY JUDGMENT: DETERMINATION OF PREVAILING PARTY WAS PREMATURE BECAUSE OTHER LITIGATION WAS PENDING BETWEEN THE PARTIES: DEFENDANT IN FORECLOSURE CASE WAS ENTITLED TO JUDGMENT FOR COSTS: JUNIOR LIENHOLDER WAS ENTITLED TO SETOFF AGAINST COST JUDGMENT BASED ON ASSIGNMENT OF DEFICIENCY JUDGMENT FROM SENIOR LIENHOLDER: SEOFF WAS EFFECTIVE AGAINST DEFENDANT’S ASSIGNEE BECAUSE ITS RIGHTS WERE DERIVATIVE

Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., ___ So. 3d ___, 38 Fla. L. Weekly D1611 (Fla. 2d DCA July 26, 2013)

The defendant purchased the plaintiffs’ stock in two corporations.  The defendant borrowed the bulk of the purchase price from a bank and gave notes to the plaintiffs for the balance.  The plaintiffs and the bank each received … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: FAILURE TO DIAGNOSE: ERROR TO EXCLUDE EXPERT TESTIMONY THAT ECHOCARDIOGRAM WOULD HAVE REVEALED A CARDIAC TAMPONADE

Olesky v. Stapleton, ___ So. 3d ___, 38 Fla. L. Weekly D1616 (Fla. 2d DCA July 26, 2013)

The appellate court reversed judgment for the defendant in a medical malpractice, wrongful death case because the trial court erred by excluding the testimony of the plaintiff’s expert “that had an echocardiogram been performed, it would have shown a cardiac tamponade.”  Although … Click To Read Full Case Law Review...

TORTS: NEGLIGENT INSTALLATION OF WINDSHIELD; CIVIL PROCEDURE: ERROR TO LEAVE SETTLING DEFENDANT IN CAPTION ON VERDICT FORM

Holmes v. Area Glass, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1622 (Fla. 1st DCA July 26, 2013)

The plaintiffs, a husband and wife, sought the advice of their auto insurer when their windshield sustained damage, and the insurer referred the plaintiffs to a specific vendor for repairs.  The windshield leaked after the repair because it was … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: RELIEF FROM JUDGMENT: ONE YEAR LIMIT: FRAUD ON THE COURT: ATTACHING FRAUDULENT PROMISSORY NOTE TO COMPLAINT DOES NOT CONSTITUTE EXTRINSIC FRAUD: FAILURE TO SPECIFY FRAUD WITH PARTICULARITY

NAFH National Bank v. Aristizabal, ___ So. 3d ___, 38 Fla. L. Weekly D1597 (Fla. 4th DCA July 24, 2013)

The defendants moved to vacate a final judgment of foreclosure because a fraudulent promissory note was attached to the complaint and the settlement agreement upon which the judgment was based was unconscionable.  The trial court granted the motion, but … Click To Read Full Case Law Review...