CIVIL PROCEDURE: ERROR TO DISMISS ACTION AGAINST ALL DEFENDANTS BECAUSE ONE DEFENDANT HAD NOT BEEN SERVED WITHIN 120 DAYS: ERROR TO DISMISS ACTION FOR FAILING TO FILE JOINT STATUS REPORT BECAUSE COUNSEL FOR BOTH PARTIES DENIED RECEIVING ORDER REQUIRING REPORT: PARTIES DO NOT HAVE DUTY TO MONITOR COURT’S ONLINE DOCKET

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Richard W. Taylor, P.A. v. Bavaro, ___ So. 3d ___, 39 Fla. L. Weekly D812 (Fla. 5th DCA April 17, 2014)

The trial court erred by dismissing an action against all of the defendants because one of the defendants had not been served within 120 days.  The trial court also erred by dismissing the action because counsel for the … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: FALL THROUGH UNFINISHED ATTIC FLOOR; CIVIL PROCEDURE: SUMMARY JUDGMENT

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Minor v. Young, ___ So. 3d ___, 39 Fla. L. Weekly D814 (Fla. 5th DCA April 17, 2014)

The plaintiff injured her ankle when she fell through her aunt’s unfinished attic floor while attempting to retrieve an item for her grandmother.  The trial court entered summary judgment for the aunt, but the appellate court reversed because questions remained “whether … Click To Read Full Case Law Review...

LABOR LAW: EMPLOYMENT DISCRIMINATION; CIVIL PROCEDURE: SUMMARY JUDGMENT

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Smith v. Brevard Optometry Associates, ___ So. 3d ___, 39 Fla. L. Weekly D819 (Fla. 5th DCA April 17, 2014)

The plaintiff sued the defendant for employment discrimination, “alleg[ing] that the defendant fired her because it no longer wanted to accommodate her requests for time off following certain medical treatments.”  The defendant moved for summary judgment based on evidence … Click To Read Full Case Law Review...

LABOR LAW: EMPLOYMENT DISCRIMINATION: DISCRIMINATION BASED ON PREGNANCY CONSTITUTES DISCRIMINATION BASED ON SEX AND VIOLATES THE FLORIDA CIVIL RIGHTS ACT (FCRA)

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Delva v. The Continental Group, Inc., ___ So. 3d ___, 39 Fla. L. Weekly S246 (Fla. April 17, 2014)

“Discrimination based on pregnancy, a natural condition unique to females and a primary characteristic of the female sex, is subsumed within the prohibition in the [Florida Civil Rights Act] FCRA against sex discrimination in employment practices.” Justice Pariente wrote the majority … Click To Read Full Case Law Review...

CIVIL PROCEDURE: SANCTIONS: DISMISSAL WITH PREJUDICE: FAILURE TO COMPLY WITH NUMEROUS COURT ORDERS

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Jubran v. Bay Court Towers Condominium, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D783 (Fla. 3d DCA April 16, 2014)

The appellate court affirmed the dismissal with prejudice of the plaintiff’s complaint because he failed to comply with numerous court orders over a six year period.  The plaintiff was represented by four different lawyers during the course of … Click To Read Full Case Law Review...