INSURANCE: UNINSURED MOTORIST COVERAGE: BREACH OF POLICY CONDITIONS: FAILURE TO ATTEND MEDICAL EXAMINATION  

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Bush v. State Farm Mutual Automobile Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D1575 (Fla. 2d DCA July 30, 2014)

After State Farm denied her claim, the insured filed an action to recover uninsured motorist benefits, and State Farm filed a notice of examination based upon the provisions of the insurance policy and Fla. R. Civ. P.… Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: VOLUNTARY DISMISSAL: ATTORNEY’S FEES: DEFENDANT WAS NOT REQUIRED TO PLEAD ENTITLEMENT TO ATTORNEY’S FEES IN MOTION TO DISMISS: BECAUSE DEFENDANT WAS NEVER REQUIRED TO FILE AN ANSWER, MOTION FOR ATTORNEY’S FEES FILED WITHIN THIRTY DAYS OF DISMISSAL WAS TIMELY: MOVANT NOT REQUIRED TO PLEAD BASIS FOR ATTORNEY’S FEES: PLAINTIFF COULD NOT DIVEST DEFENDANT OF ENTITLEMENT TO ATTORNEY’S FEES BY UNILATERALLY CONDITIONING ITS VOLUNTARY DISMISSAL ON DEFENDANT’S AGREEMENT TO PAY ITS OWN COSTS AND ATTORNEY’S FEES  

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Tunison v. Bank of America, N.A., ___ So. 3d ___, 39 Fla. L. Weekly D1580 (Fla. 2d July 30, 2014)

After the defendant filed a motion to dismiss, the plaintiff voluntarily dismissed without prejudice its action for mortgage foreclosure, and the defendant moved for attorney’s fees.  The trial court denied the motion, but the appellate court reversed.  The defendant was … Click To Read Full Case Law Review...

 CIVIL PROCEDURE: PERSONAL JURISDICTION: A JUDGMENT ENTERED WITHOUT PERSONAL JURISDICTION IS VOID AND MAY BE ATTACKED AT ANY TIME: A DEFENDANT, WHO WAS PROPERLY SERVED BUT DID NOT APPEAR AND DEFEND, DID NOT WAIVE HIS RIGHT TO CONTEST PERSONAL JURISDICTION AFTER ENTRY OF JUDGMENT: CONVERSION: DEFENDANT DID NOT COMMIT A TORTIOUS ACT IN FLORIDA BECAUSE THE WRONGFUL DOMINION AND CONTROL OVER THE PLAINTIFF’S PROPERTY OCCURRED IN ANOTHER STATE: A NONRESIDENT WHO ACTED AS A CORPORATE OFFICER RATHER THAN AN INDIVIDUAL WAS NOT SUBJECT TO PERSONAL JURISDICTION IN FLORIDA  

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Wiggins v. Tigrent, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1581 (Fla. 2d DCA July 30, 2014)

The corporate defendant was incorporated in Colorado and headquartered in Florida.  The individual defendant was a manager of the corporate defendant, and he lived and worked in the State of Washington.  The plaintiff sued both of the defendants in Florida.  The … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: SOVEREIGN IMMUNITY  

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Bergmann v. Florida Department of Transportation, ___ So. 3d ___, 39 Fla. L. Weekly D1590 (Fla. 1st DCA July 30, 2014)

A complaint alleging that the Florida Department of Transportation created a known but hidden hazardous condition and failed to correct it or warn of the danger involved an operational level activity and should not have been dismissed for … Click To Read Full Case Law Review...

CRIMINAL LAW: EVIDENCE: HEARSAY: EXCEPTIONS: PAST RECOLLECTION RECORDED: FAILURE TO VOUCH FOR ACCURACY OF STATEMENT  

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McNeal v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1591 (Fla. 1st DCA July 30, 2014)

The trial court erred by admitting the victim’s handwritten statement as past recollection recorded because the victim did not vouch for the accuracy or correctness of the statement.… Click To Read Full Case Law Review...