January 2014 Archives - The Law Office of Joseph S. Kashi, P.A.

FAMILY LAW: JUDGES: DISQUALIFICATION: SOCIAL MEDIA: FACEBOOK FRIEND REQUEST FROM TRIAL JUDGE TO PARTY; APPEALS: PROHIBITION; STARE DECISIS: TRIAL COURT BOUND BY DECISION FROM A DIFFERENT APPELLATE DISTRICT BECAUSE IT WAS THE ONLY CASE IN POINT

Case Decision Date: January 24, 2014 Reviewed by Joseph S. Kashi

Chace v. Loisel, ___ So. 3d ___, 39 Fla. L. Weekly D221 (Fla. 5^th DCA January 24, 2014)

The petitioner moved to disqualify the trial judge in an action for dissolution of marriage because the judge retaliated, by entering an unfavorable judgment against the petitioner, when the petitioner ignored the judge’s invitation to become her friend on Facebook. The … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: RECEIVER: FEES

Case Decision Date: January 24, 2014 Reviewed by Joseph S. Kashi

Reema Hospitality, Inc. v. MSC1 2007-IQ13 Dike Road, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D222 (Fla. 5^th DCA January 24, 2014)

The trial court in a mortgage foreclosure erred by “authoriz[ing] a fixed hourly fee for all services performed by the receiver” the judge appointed. “Among factors to be considered in setting a receiver’s compensation are … Click To Read Full Case Law Review...

GUARDIANSHIP: ORDER DENYING DISCHARGE OF GUARDIAN AND DETERMINING THAT BANK ACCOUNTS TITLED IN NAMES OF WARD AND GUARDIAN WERE OWNED SOLELY BY WARD; ORDER DENYING GUARDIANSHIP FEES: APPEALS: ORDER FINALLY DETERMINING RIGHT OR OBLIGATION OF INTERESTED PERSON

Case Decision Date: January 24, 2014 Reviewed by Joseph S. Kashi

Karr v. Vitry, ___ So. 3d ___, 39 Fla. L. Weekly D223 (Fla. 5^th DCA January 24, 2014)

An order denying the guardian’s motion for discharge, although not final, was appealable under Fla. R. App. P. 9.170(b), “which authorizes appeals from orders that ‘finally determine a right or obligation of an interested person,’” because it included a … Click To Read Full Case Law Review...

CRIMINAL LAW: ATTACK ON CONVICTION BASED ON ASSISTANT STATE ATTORNEY’S LACK OF AUTHORITY TO SIGN INFORMATION AND INDICTMENT; APPEALS: MANDAMUS: MANDAMUS MAY NOT BE USED TO REVIEW AN ERRONEOUS JUDICIAL DECISION OR TO CIRCUMVENT THE LIMITATIONS ON THE FLORIDA SUPREME COURT’S DISCRETIONARY JURISDICTION: SANCTIONS

Case Decision Date: January 23, 2014 Reviewed by Joseph S. Kashi

Matthews v. Crews, ___ So. 3d ___, 39 Fla. L. Weekly S37 (Fla. January 23, 2014)

The defendant challenged his conviction for second degree murder based on the premise that the assistant state attorney, who signed his information and indictment, lacked the authority to do so. When the First District Court of Appeal denied the defendant’s petition for habeas corpus, … Click To Read Full Case Law Review...

REAL ESTATE: CONDOMINIUMS: DEPOSITS: STATUTE REQUIRING DEPOSITS IN EXCESS OF TEN PERCENT OF THE PURCHASE PRICE TO BE PLACED IN A SPECIAL ESCROW ACCOUNT IS AMBIGUOUS: LEGISLATIVE HISTORY DOES NOT CLARIFY AMBIGUITY: RULE OF LENITY APPLIES IN FAVOR OF DEVELOPER BECAUSE STATUTE CONTAINS BOTH CIVIL AND CRIMINAL PENALTIES

Case Decision Date: January 23, 2014 Reviewed by Joseph S. Kashi

North Carillon, LLC v. CRC 603, LLC, ___ So. 3d ___, 39 Fla. L. Weekly S39 (Fla. January 23, 2014)

The 2006 version of Section 718.202(1), Florida Statutes, provided that deposits for up to ten percent of the purchase price of a condominium that was not substantially completed had to be placed by the developer into an escrow account. Section … Click To Read Full Case Law Review...