TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: TOBACCO: CIVIL PROCEDURE: CLASS ACTIONS: ENGLE OPT OUT PLAINTIFF’S CLAIM BARRED BY STATUTE OF LIMITATIONS: OPT OUT WAS EFFECTIVE EVEN THOUGH PLAINTIFF HAD YET TO BE APPOINTED AS PERSONAL REPRESENTATIVE WHEN SHE EXECUTED IT: OPT OUT WAS NOT INEFFECTUAL BECAUSE IT DID NOT STATE THAT THE INDIVIDUAL SURVIVORS VOLUNTARILY AND KNOWINGLY RELINQUISHED THEIR INDIVIDUAL RIGHTS: OPT OUT WAS NOT INEFFECTUAL BECAUSE THE TRIAL COURT DID NOT ACKNOWLEDGE IT: OPT OUT WAS EFFECTIVE UPON FILING IT

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Roughton v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D55 (Fla. 1st DCA December 31, 2013)

The plaintiff, as the personal representative of her deceased husband’s estate, opted out of the Engle class action before the Florida Supreme Court issued its decision in the Engle case.  More than ten years after opting out of … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: CIVIL PROCEDURE: CLASS ACTIONS: ENGLE OPT OUT PLAINTIFF’S CLAIM BARRED BY STATUTE OF LIMITATIONS: UNRULED UPON MOTION SEEKING READMISSION TO THE CLASS HAD NO EFFECT

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Gaff v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D57 (Fla. 1st DCA December 31, 2013)

This is a companion case to Roughton v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D55 (Fla. 1st DCA December 31, 2013)  As in Roughton, the plaintiff, as personal representative of the … Click To Read Full Case Law Review...

REAL ESTATE: PURCHASER OF REAL ESTATE BY TAX DEED IS NOT LIABLE FOR UNPAID HOMEOWNER’S ASSOCIATION ASSESSMENTS THAT ACCRUED BEFORE ISSUANCE OF THE DEED

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Lunohah Investments, LLC v. Gaskell, ___ So. 3d ___, 39 Fla. L. Weekly D41 (Fla. 5th DCA December 27, 2013)

The purchaser of real estate by tax deed is not liable for unpaid homeowner’s association assessments that accrued before issuance of the deed.  Sections 197.552 and 197.573(2), Florida Statutes, “preserve the validity of covenants that control the use of … Click To Read Full Case Law Review...

FAMILY LAW: CIVIL PROCEDURE: DENIAL OF MOTION TO CHANGE VENUE WITHOUT OPPORTUNITY TO BE HEARD

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Sims v. Holloway, ___ So. 3d ___, 39 Fla. L. Weekly D43 (Fla. 5th DCA December 27, 2013)

The appellate court reversed an order denying the wife’s motion to change venue because the trial court violated due process by entering the order without providing the wife with an opportunity to be heard.… Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE; CIVIL PROCEDURE: SETTLEMENT: PLAINTIFF IS ENTITLED TO TAKE A VOLUNTARY DISMISSAL OVER THE DEFENDANT’S OBJECTION IF THE DEFENDANT DOES NOT HAVE A CLAIM FOR ATTORNEY’S FEES: COLLATERAL ESTOPPEL WOULD NOT BAR INDEPENDENT ACTION FOR UNAUTHORIZED SETTLEMENT; APPEALS: ORDER DENYING DEFENDANT’S OBJECTION TO SETTLEMENT IS NOT AN APPEALABLE ORDER: ORDER APPROVING SETTLEMENT OF A MINOR’S CLAIM IS APPEALABLE BY THE MINOR BUT NOT THE DEFENDANT

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McLaughlin v. Lara, ___ So. 3d ___, 39 Fla. L. Weekly D44 (Fla. 2d DCA December 27, 2013)

The plaintiff sued the defendant for medical malpractice for injuries sustained by their minor son.  The defendant, who was also a lawyer, was dissatisfied by the defense provided by her insurance company and appeared as co-counsel.  When the trial court curtailed the … Click To Read Full Case Law Review...