CRIMINAL LAW: EVIDENCE: HEARSAY: EXCITED UTTERANCE: FACT THAT VICTIM CALMED DOWN ENOUGH TO TALK TO POLICE OFFICER DID NOT MEAN THAT SHE WAS NOT STILL UNDER THE STRESS OF EXCITEMENT CAUSED BY HER EX BOYFRIEND’S THREAT TO KILL HER AND FIRING OF THREE GUNSHOTS AT HER; APPEALS: RIGHT FOR THE WRONG REASON

Taylor v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1832 (Fla. 5th DCA August 29, 2014)

When the victim drove by her ex-boyfriend, he threatened to kill her and fired three gunshots at her.  The victim drove to a nearby restaurant and dialed 911 but hung up after she saw a police officer and told him what … Click To Read Full Case Law Review...

ARBITRATION: FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) REGISTERED REPRESENTATIVE, WHO GAVE INVESTMENT ADVICE TO A NEIGHBOR, WAS NOT REQUIRED TO ARBITRATE HER CLAIM AGAINST HIM AFTER SHE SUFFERED FINANCIAL LOSSES

Grant v. Rotolante, ___ So. 3d ___, 39 Fla. L. Weekly D1834 (Fla. 5th DCA August 29, 2014)

The appellate court reversed the confirmation of a Financial Industry Regulatory Authority (FINRA) arbitration award against a FINRA Registered Representative, who gave financial advice to a neighbor who suffered losses.  “[U]nder the FINRA Customer Code, FINRA Members . . . must … Click To Read Full Case Law Review...

INJUNCTIONS: DOMESTIC VIOLENCE: HUSBAND STRIKING WIFE SEVERAL TIMES WITH BOX SPRINGS, CAUSING BRUISING; APPEALS: PRESERVATION: FAILURE TO FILE MOTION FOR REHEARING BASED UPON TRIAL COURT’S FAILURE TO MAKE SUFFICIENT FINDINGS

Colin v. Colin, ___ So. 3d ___, 39 Fla. L. Weekly D1837 (Fla. 5th DCA August 29, 2014)

The trial court issued an injunction for protection against domestic violence because the wife testified that her husband hit her several times with box springs, and photographs showed resulting bruising.  The appellate court held that this evidence was sufficient to support … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: JUDGMENT ON THE PLEADINGS: FORECLOSURE COMPLAINT STATED A CAUSE OF ACTION  

Nationstar Mortgage, LLC v. Zorie, ___ So. 3d ___, 39 Fla. L. Weekly D1838 (Fla. 5th DCA August 29, 2014)

The trial court in a mortgage foreclosure erred by entering judgment on the pleadings for the borrower.  The complaint stated a cause of action by alleging that the borrower executed a note and mortgage to the original lender, which … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: BORROWER WAS NOT ENTITLED TO FEES UNDER FLA. R. CIV. P. 1.420(d) AFTER SETTLEMENT AND VOLUNTARY DISMISSAL BECAUSE MORTGAGE DID NOT DEFINE FEES AS COSTS, AND THE BORROWER’S ANSWER DID NOT PLEAD AN ENTITLEMENT TO ATTORNEY’S FEES: BORROWER WAS ENTITLED TO COSTS INCURRED BEFORE SETTLEMENT AND VOLUNTARY DISMISSAL

Creamer v. BAC Home Loans Servicing, LP, ___ So. 3d ___, 39 Fla. L. Weekly D1842 (Fla. 2d DCA August 29, 2014)

The borrowers moved for attorney’s fees and costs after settlement of an action to foreclose upon their mortgage and voluntary dismissal of the action.  The mortgage provided that the lender was entitled to collect all expenses incurred in … Click To Read Full Case Law Review...