FAMILY LAW: POST DISSOLUTION PROCEEDINGS; LAWYERS: PROFESSIONAL RESPONSIBILITY: DISQUALIFICATION OF HUSBAND’S LAWYER, WHO WAS HIS CURRENT WIFE: HUSBAND’S LAWYER, WHO WAS LIKELY TO BE A NECESSARY WITNESS, COULD NOT REPRESENT HUSBAND AT TRIAL: ORDER OF DISQUALIFICATION WAS OVERLY BROAD BECAUSE IT PREVENTED COUNSEL FROM REPRESENTING HUSBAND BEFORE OR AFTER TRIAL: APPELLATE COURT AWARDS ATTORNEY’S FEES AS A SANCTION AGAINST WIFE’S COUNSEL FOR VIOLATING HIS DUTY OF CANDOR TO THE TRIBUNAL BY FAILING TO CONCEDE THAT DISQUALIFICATION WAS OVERLY BROAD; APPEALS: CERTIORARI: ORDER OF DISQUALIFICATION DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW BECAUSE IT WAS IMPERMISSIBLY OVERBROAD: HUSBAND’S PETITION WAS STUNNINGLY DISRESPECTFUL IN ITS CRITICISM OF TRIAL JUDGE: HUSBAND’S LAWYER WAS SUBJECT TO DISQUALIFICATION IN FUTURE IF HER PERSONAL INVOLVEMENT PREVENTED HER FROM ADVOCATING EFFECTIVELY FOR HUSBAND

Lieberman v. Lieberman, ___ So. 3d ___, 39 Fla. L. Weekly D2457 (Fla. 4th DCA November 26, 2014)

The former husband was represented by his current wife in this post dissolution matrimonial proceeding for contempt.  The former wife moved to disqualify the husband’s lawyer because she would be a material witness at the contempt hearing.  The trial court granted … Click To Read Full Case Law Review...

INJUNCTIONS: TEMPORARY INJUNCTION: NON-COMPETE AGREEMENT: MOOTNESS: TRIAL COURT ERRED BY DENYING MOTION FOR TEMPORARY INJUNCTION BASED ON MOOTNESS BECAUSE THE NON-COMPETE PERIOD EXPIRED WHILE CASE WAS ON APPEAL

Anakarli Boutique, Inc. v. Ortiz, ___ So. 3d ___, 39 Fla. L. Weekly D2460 (Fla. 4th DCA November 26, 2014)

The trial court denied a motion for temporary injunction because the non-compete period expired.  The appellate court reversed because the trial court measured commencement of the period from the wrong point in time.  On remand, the trial court denied … Click To Read Full Case Law Review...

GUARDIANSHIP: UNDER GUARDIANSHIP LAW, AN INTERESTED PERSON IS SOMEONE WHO REASONABLY MAY BE AFFECTED BY A PARTICULAR PROCEEDING: AN INTERESTED PERSON MAY OBJECT TO, BUT NOT INSPECT, A GUARDIANSHIP REPORT: IN THIS CASE, THE MOTHER OF THE WARD, A YOUNG, AUTISTIC MAN, WAS NOT ENTITLED TO OBJECT TO GUARDIANSHIP FINANCIAL REPORTS BECAUSE THE MOTHER WAS NOT AN INTERESTED PERSON WITH RESPECT TO HER SON’S FINANCES BECAUSE SHE HAD NO FINANCIAL RIGHTS OR OBLIGATIONS REGARDING HER SON

Rudolph v. Rosecan, ___ So. 3d ___, 39 Fla. L. Weekly D2460 (Fla. 4th DCA November 26, 2014)

Under Florida guardianship law, an interested person is someone who reasonably may be affected by the outcome of a proceeding.  As a result, a person may be interested in one issue but not another, and “[s]imply being next of kin does … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: PERSONAL INJURY: UNEMPLOYMENT COMPENSATION BENEFITS ARE NOT A COLLATERAL SOURCE SUBJECT TO SET-OFF UNDER SECTION 768.76, FLORIDA STATUTES

Hurtado v. Desouza, ___ So. 3d ___, 39 Fla. L. Weekly D2462 (Fla. 4th DCA November 26, 2014)

“[U]nemployment compensation is [not] a collateral source subject to set-off under section 768.76, Florida Statutes.… Click To Read Full Case Law Review...

INJUNCTIONS: TEMPORARY INJUNCTION: NON-COMPETE AGREEMENT: TRIAL COURT ERRED BY FAILING TO APPLY PRESUMPTION OF IRREPARABLE INJURY UNDER SECTION 542.335(1)(j), FLORIDA STATUTES, DESPITE MAKING FACTUAL FINDINGS THAT TRIGGERED THE PRESUMPTION; APPEALS: PRESERVATION: ARGUMENT TRIAL COURT WOULD NOT ALLOW APPELLANT TO MAKE IS PRESERVED FOR APPELLATE REVIEW

Medco Data, LLC v. Bailey, ___ So. 3d ___, 39 Fla. L. Weekly D2469 (Fla. 2d DCA November 26, 2014)

The plaintiff sued three former employees for violating a covenant not to compete and moved for a temporary injunction.  Although the trial court found that the agreement was valid and that the plaintiff sustained damages as a result of the … Click To Read Full Case Law Review...