FAMILY LAW: APPEALS:  PASS THROUGH JURISDICTION: APPEAL FROM ORDER DISMISSING PETITION FOR DISSOLUTION OF SAME SEX MARRIAGE CERTIFIED UNDER FLA. R. APP. P. 9.125 FOR IMMEDIATE RESOLUTION BY FLORIDA SUPREME COURT

Shaw v. Shaw, ___ So. 3d ___, 39 Fla. L. Weekly D1813 (Fla. 2d DCA August 27, 2014)

Under Fla. R. App. P. 9.125, the Second District Court of Appeal, on en banc review, certified as a case requiring immediate resolution by the Florida Supreme Court an order dismissing a petition for dissolution of marriage because the parties were the … Click To Read Full Case Law Review...

PUBLIC RECORDS: FILING OF SECOND LAWSUIT DID NOT RESTORE PUBLIC RECORDS EXEMPTION FOR TRANSCRIPT OF SHADE MEETING CONDUCTED DURING FIRST LAWSUIT

Chmielewski v. City of St. Pete Beach, ___ So. 3d ___, 39 Fla. L. Weekly D1815 (Fla. 2d DCA August 27, 2014)

The plaintiffs’ filed an action against the city to quiet title to a beachfront lot adjacent to their property.  The parties entered into a mediated settlement agreement, which provided that any ambiguity in the agreement would be submitted … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: JUNIOR LIENHOLDER WAS NOT ENTITLED TO SURPLUS FUNDS FROM FORECLOSURE SALE BECAUSE IT DID NOT FILE A CLAIM FOR THE FUNDS WITHIN SIXTY DAYS AFTER THE SALE: JUNIOR LIENHOLDER WAS NOT ENTITLED TO EVIDENTIARY HEARING TO DETERMINE ENTITLEMENT TO SURPLUS FUNDS BECAUSE IT DID NOT FILE ITS OWN CLAIM, AND THE OWNER DID NOT FILE A CLAIM THAT ACKNOWLEDGED THE JUNIOR LIENHOLDER’S CLAIM, WITHIN SIXTY DAYS AFTER THE SALE  

Dever v. Wells Fargo Bank National Association, ___ So. 3d ___, 39 Fla. L. Weekly D1816 (Fla. 2d DCA August 27, 2014)

A junior lienholder was not entitled to surplus funds from a foreclosure sale because it did not file a claim to the funds within sixty days after the sale.  A claim to surplus funds in the junior lienholder’s … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: INSOLVENT INSURERS: ERROR TO DENY INSURED’S MOTION TO SUBSTITUTE THE FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA) FOR INSOLVENT INSURER: ERROR TO TRANSFER CASE TO LEON COUNTY CIRCUIT COURT, WHICH APPOINTED RECEIVER FOR INSOLVENT INSURER

Lakechea v. Magnolia Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D1819 (Fla. 3d DCA August 27, 2014)

After the homeowner filed a lawsuit in Miami-Dade County against his insurer, the Leon County Circuit Court entered an order appointing the Florida Department of Financial Services (DFS) as receiver for the purpose of liquidating the insurer.  The trial court … Click To Read Full Case Law Review...

BUSINESS ENTITIES: CORPORATIONS: LIMITED LIABILITY COMPANIES: FLORIDA COURT MAY APPOINT ANCILLARY RECEIVER FOR A FOREIGN ENTITY EVEN THOUGH NO RECEIVER HAS BEEN APPOINTED ELSEWHERE

Romay v. Caribevision Holdings, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1821 (Fla. 3d DCA August 27, 2014)

Two business groups formed a corporation and a limited liability company in Delaware with corporate offices in Miami-Dade County.  When the companies became deadlocked and were unable to hold board meetings, one group sought dissolution of the business entities and … Click To Read Full Case Law Review...