INSURANCE: HOMEOWNERS’ INSURANCE: SINKHOLE: APPRAISAL: FIGA: SINKHOLE CLAIMS AGAINST FIGA ARE NOT SUBJECT TO APPRAISAL UNDER THE 2011 AMENDEMENT TO SECTION 631.54(3), FLORIDA STATUTES: INSUREDS WAIVED APPRAISAL BY ACTIVELY LITIGATING FOR TWO YEARS BEFORE SEEKING APPRAISAL; APPEALS: CERTIFIED QUESTIONS

Florida Insurance Guaranty Association, Inc. v. Kirschner, ___ So. 3d ___, 40 Fla. L. Weekly D764 (Fla. 2d DCA March 27, 2015)

Based upon its decision in Florida Insurance Guaranty Association v. de la Fuente, ___ So. 3d ___, 40 Fla. L. Weekly D123 (Fla. 2d DCA January 7, 2015), the court held that sinkhole claims against FIGA are not … Click To Read Full Case Law Review...

FAMILY LAW: DISSOLUTION OF MARRIAGE; JUDGES: DISQUALIFICATION: DISCOUNTING TESTIMONY ABOUT HUSBAND’S ACCOUNTANT BECAUSE HE WAS A FRIEND AND TELLING ACCOUNTANT THIS WAS A DIFFICULT CASE AND JUDGE WOULD HAVE TO PICK ONE PROPOSED ORDER OVER ANOTHER DID NOT WARRANT DISQUALIFICATION; APPEALS: PROHIBITION

Clark v. Clark, ___ So. 3d ___, 40 Fla. L. Weekly D718 (Fla. 1st DCA March 25, 2015)

The trial judge in an action for dissolution of marriage was not subject to disqualification because he discounted the testimony of the husband’s accountant, who was the husband’s friend, or because the judge told the accountant that this was a difficult … Click To Read Full Case Law Review...

MASTERS: TRIAL COURT MAY NOT APPOINT MASTER ON ITS OWN MOTION OR WITHOUT CONSENT OF PARTIES; APPEALS: MANDAMUS: MANDAMUS LIES TO VACATE ORDER APPOINTING SPECIAL MASTER WITHOUT CONSENT OF THE PARTIES

Joara Freight Lines, Inc. v. Perez, ___ So. 3d ___, 40 Fla. L. Weekly D749 (Fla. 3d DCA March 25, 2015)

The appellate court granted a petition for mandamus to vacate an order appointing a special master without the unanimous consent of the parties. “[A] trial court [may not] appoint a special master on its own motion” or without the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: DISCOVERY: ATTORNEY-CLIENT PRIVILEGE: JOINT DEFENSE PRIVILEGE: JOINT DEFENSE AGREEMENT NEED NOT BE IN WRITING FOR PRIVILEGE TO APPLY: IN CAMERA INSPECTION WAS NECESSARY TO DETERMINE WHETHER DEFENDANTS INTENDED TO MAINTAIN CONFIDENTIALITY WHILE SHARING INFORMATION IN PURSUIT OF THEIR COMMON INTERESTS: COMMUNICATION TO AGENT OF HOLDER DOES NOT WAIVE PRIVILEGE; APPEALS: CERTIORARI

AG Beaumont 1, LLC v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D704 (Fla. 2d DCA March 20, 2015)

The plaintiff in a mortgage foreclosure sued twenty-five limited liability companies and an individual. The plaintiff dismissed the individual and subpoenaed his communications with the LLC’s. When the trial court overruled the LLCs’ objection to production … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: EX PARTE COMMUNICATIONS WITH ATTORNEY GENERAL’S OFFICE: RESPONDING TO PETITION FOR WRIT OF PROHIBITION FROM DENIAL OF MOTION TO DISQUALIFY: APPELLATE COURT DISQUALIFIES JUDGE FOR SENDING EMAIL TO ATTORNEY GENERAL WITH REFUTATION OF DEFENDANT’S APPELLATE CHALLENGE TO DENIAL OF MOTION TO STAY AND FOR SUBMITTING A RESPONSE TO DEFENDANT’S PETITION FOR WRIT OF PROHIBITION REFLECTING THAT JUDGE HAD A PERSONAL INTEREST IN THE APPEAL OF THE STAY AND AN EXPECTATION THAT THE ATTORNEY GENERAL WOULD REPRESENT HER INTERESTS IN THE APPEAL; APPEAL: PROHIBITION

Masten v. State, ___ So. 3d ___, 40 Fla. L. Weekly D714 (Fla. 3d DCA March 20, 2015)

The appellate court granted the defendant’s petition for writ of prohibition from an order denying his motion to disqualify the trial judge. When the defendant appealed from an order denying a motion for stay of his sentence for violation of probation, the … Click To Read Full Case Law Review...