PUBLIC RECORDS: PRODUCTION OF PUBLIC RECORDS WAS UNJUSTIFIABLY DELAYED BECAUSE THEY WERE SOUGHT BY AN ADVERSARY IN LITIGATION

The Promenade D’Iberville, LLC v. Sundy, ___ So. 3d ___, 39 Fla. L. Weekly D1829 (Fla. 1st DCA August 28, 2014)

The Jacksonville Electric Authority (JEA) unjustifiably delayed the production of public records because they were sought by an adversary in litigation in Mississippi.  Instead of producing the records, JEA filed a motion for protective order in Mississippi.  When … Click To Read Full Case Law Review...

FAMILY LAW: JUDGES: SUCCESSOR JUDGES; CIVIL PROCEDURE: CASE JURISDICTION: TRIAL COURT LOST JURISDICTION TO ORDER NEW TRIAL AFTER EXPIRATION OF FIFTEEN DAY TIME LIMIT UNDER FLA. R. CIV. P. 1.530(d) AND TEN DAY TIME LIMIT UNDER FLA. R. CIV. P. 1.540

Scheller v. Sollecito, ___ So. 3d ___, 39 Fla. L. Weekly D1803 (Fla. 4th DCA August 27, 2014)

The successor judge, in a matrimonial case, acting sua sponte, ordered a new trial because the parties were unable to agree on the wording of a final judgment entered by the predecessor judge, which merely adopted the oral pronouncements recorded in … Click To Read Full Case Law Review...

CRIMINAL LAW: VOIR DIRE: DEFENSE COUNSEL WAIVED HIS OBJECTION TO JUROR BY ACCEPTING PANEL WITHOUT RENEWING PRIOR OBJECTION: ATTEMPT TO RENEW OBJECTION THE NEXT MORNING WAS INEFFECTUAL  

Baccari v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1803 (Fla. 4th DCA August 27, 2014)

When a criminal defendant attempted to use a peremptory challenge during voir dire, the State requested a race and gender neutral reason for the proposed challenge, defense counsel provided an explanation, the trial court found that the explanation was not genuine, … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY; CIVIL PROCEDURE: DISCOVERY: DOCTOR’S TREATMENT OF THE PLAINTIFF’S LAWYERS’ OTHER CLIENTS WAS DISCOVERABLE; APPEALS: CERTIORARI: ABSENT COMPELLING CIRCUMSTANCES, APPELLATE COURT WILL NOT INTERFERE WITH TRIAL COURT’S DISCRETION TO CONTROL DISCOVERY AND PROTECT THE PARTIES THAT COME BEFORE IT

Brown v. Mittelman, ___ So. 3d ___, 39 Fla. L. Weekly D1806 (Fla. 4th DCA August 27, 2014)

The trial court in a personal injury case overruled the treating doctor’s objection to the defendant’s subpoena of “documents regarding patients previously represented by both [of the plaintiff’s] law firms, LOP cases, and referrals from the plaintiff’s attorneys.”  The appellate court … Click To Read Full Case Law Review...

FAMILY LAW: ESTATES: HOMESTEAD EXEMPTION SURVIVED DEATH OF HUSBAND, WHO WAS A TENANT IN COMMON OF THE FORMER MARITAL HOME: HOMESTEAD EXEMPTION WAS NOT WAIVED BY PROVISIONS OF MARTAL SETTLEMENT AGREEMENT: UNDER MARITAL SETTLEMENT AGREEMENT, FORMER WIFE WAS ENTITLED TO EXCLUSIVE USE AND OCCUPANCY OF THE HOME UNTIL HER YOUNGEST CHILD GRADUATED FROM HIGH SCHOOL, AT WHICH TIME SHE COULD EITHER PURCHASE THE HUSBAND’S INTEREST OR RECEIVE ONE HALF OF THE PROCEEDS FROM THE SALE OF THE HOME

Friscia v. Friscia, ___ So. 3d ___, 39 Fla. L. Weekly D1810 (Fla. 2d DCA August 27, 2014)

The decedent was survived by his former wife, their two sons, and his second wife.  At the time of death, the decedent and the former wife held title to their former marital home as tenants in common, and the former wife and … Click To Read Full Case Law Review...