FAMILY LAW: DISSOLUTION OF MARRIAGE; CIVIL PROCEDURE: SANCTIONS: STRIKING PLEADINGS: ORDER STRIKING HUSBAND’S PLEADINGS BASED UPON FAILURE TO ATTEND PRETRIAL CONFERENCE AND TO COMPLY WITH PRIOR COURT ORDERS LACKED REQUIRED FINDINGS THAT HUSBAND’S CONDUCT WAS WILLFUL OR DELIBERATE; VENUE: CHOICE OF LAW PROVISION: TRIAL COURT ERRED BY PLACING BURDEN ON PROPONENT TO SHOW THAT CHOICE OF LAW PROVISION APPLIED

Lamb v. Lamb, ___ So. 3d ___, 40 Fla. L. Weekly D102 (Fla. 5th DCA January 2, 2015)

An order, in an action for dissolution of marriage, striking the husband’s pleadings based upon his “fail[ure] to attend a pretrial conference and to comply with other pretrial orders” “was clearly deficient because it did not contain the required findings that … Click To Read Full Case Law Review...

ATTORNEYS: DISQUALIFICATION: APPEALS: CERTIORARI: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW AND INFLICTED IRREPARABLE HARM ON THE PETITIONER BY DENYING HIS MOTION FOR DISQUALIFICATION, WITHOUT RECEIVING ANY OTHER EVIDENCE, AFTER A PRIMA FACIE CASE FOR DISQUALIFICATION HAD BEEN ESTABLISHED: REMAND FOR FULL EVIDENTIARY HEARING

Flaig v. Coquina Palms Homeowner’s Association, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D108 (Fla. 5th DCA January 2, 2015)

The trial court conducted an evidentiary hearing on the petitioner’s motion to disqualify opposing counsel. Although the petitioner established a prima facie case, the trial court denied the motion without receiving additional evidence. The appellate court granted … Click To Read Full Case Law Review...

CIVIL PROCEDURE: PERSONAL JURISDICTION: SERVICE OF PROCESS: INSUFFICIENCY OF SERVICE: TRIAL COURT ERRED BY DENYING DEFENDANT’S MOTION TO QUASH SERVICE BECAUSE DEFENDANT ALLEGED THAT THE SUMMONS WAS UNSEALED AND THE PLAINTIFF DID NOT FILE THE ORIGINAL SUMMONS

Vaughn v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D109 (Fla. 5th DCA January 2, 2015)

The defendant moved to quash service of process based upon the premise that the summons did not bear the seal of the clerk of the court. Fla. R. Civ. P. 1.070(a) and Section 28.071, Florida Statutes, both require … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSES: NOTICE OF DEFAULT; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR DEFENDANT REVERSED BECAUSE RECORD ESTABLISHED THAT PLAINTIFF DID PROVIDE ADEQUATE NOTICE OF DEFAULT

Astoria Federal Savings and Loan Association v. Kaufman, ___ So. 3d ___, 40 Fla. L. Weekly D109 (Fla. 5th DCA January 2, 2015)

The trial court entered summary judgment for the defendant in a mortgage foreclosure based upon the plaintiff’s failure to provide notice of default and the actions required for cure. The appellate court reversed because the record … Click To Read Full Case Law Review...