CIVIL PROCEDURE: VENUE: FORUM NON CONVENIENS: DENIAL OF MOTION TO DISMISS WITHOUT HEARING: ENTRY OF ORDER WITHOUT ANALYSIS OF KINNEY FACTORS

Superior Hospitality Management, LLC v. Pacific Gateway Concessions, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1799 (Fla. 5th DCA August 23, 2013)

The trial court denied the defendant’s motion to dismiss or stay based upon forum non conveniens without conducting a hearing, and its order failed to reveal that “the trial court engaged in the substantive four-step … Click To Read Full Case Law Review...

INJUNCTIONS: REPEAT VIOLENCE: EXTENSION: REASONABLENESS OF CONTINUING FEAR OF FUTURE VIOLENCE

Kirton v. McKissick, ___ So. 3d ___, 38 Fla. L. Weekly D1799 (Fla. 5th DCA August 23, 2013)

The appellate court affirmed a two year extension of an injunction for protection against repeat violence.  The injunction was originally entered because the respondent, who was married to the petitioner’s ex wife, battered the petitioner on two occasions.  After the respondent … Click To Read Full Case Law Review...

ARBITRATION: APPEALS: DENIAL OF RELIEF FROM ORDER COMPELLING ARBITRATION IS NOT AN APPEALABLE INTERLOCUTORY ORDER: CERTIORARI: THE EXPENSE OF LITIGATION BECAUSE OF AN ERRONEOUS INTERLOCUTORY RULING DOES NOT CONSTITUTE IRREPARABLE HARM

Cohen v. D.R. Horton, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1800 (Fla. 5th DCA August 23, 2013)

The plaintiffs brought a class action against the defendant for violations of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701-1720.  The trial court granted the defendant’s motion to compel arbitration, and the appellate court affirmed.  When … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: MEDICAL MALPRACTICE: TRIAL COURT ERRED BY RULING THAT PLAINTIFF COULD NOT USE HIS OWN PRESUIT AFFIDAVITS IN OPPOSITION TO THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Scalice v. Orlando Regional Healthcare, ___ So. 3d ___, 38 Fla. L. Weekly D1803 (Fla. 5th DCA August 23, 2013)

The defendant in a medical malpractice, wrongful death case moved for summary judgment and submitted the affidavits of two physicians in support of its motion.  The plaintiff submitted the affidavits of two physicians in opposition to the motion, but … Click To Read Full Case Law Review...

ATTORNEY’S: DISQUALIFICATION: FORMER REPRESENTATION OF OPPOSING PARTY BY LAWYER WHO SWITCHED LAW FIRMS: RECEIPT OF CONFIDENTIAL INFORMATION MATERIAL TO THE ISSUES IN THE UNDERLYING LITIGATION

AGIC, Inc. v. North American Risk Services, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1804 (Fla. 5th DCA August 23, 2013)

An insurance company retained a firm under a Managing General Agency Agreement and an adjusting company under a Claims Service Agreement.  The agent was responsible for originating policies, and the adjusting company was responsible for processing … Click To Read Full Case Law Review...