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...

TORTS: MEDICAL MALPRACTICE: PRESUIT SCREENING REQUIREMENTS; CIVIL PROCEDURE: DISCOVERY: QUALIFICATIONS OF PRESUIT AFFIANT; APPEALS: CERTIORARI: IRREPARABLE HARM: DENIAL OF DISCOVERY CONCERNING QUALIFICATIONS OF PRESUIT AFFIANT DID NOT RESULT IN IRREPARABLE HARM BECAUSE PHYSICIAN COULD FILE A PETITION FOR CERTIORARI IF TRIAL COURT DENIED HIS MOTION TO DISMISS BASED UPON FAILURE TO COMPLY WITH PRESUIT REQUIREMENTS

Plantz v. John, ___ So. 3d ___, 40 Fla. L. Weekly D673 (Fla. 2d DCA March 18, 2015)

When the trial court in a medical malpractice case denied the defendant’s motion to compel discovery of the presuit affiant’s qualifications, the appellate court denied his petition for certiorari based on lack of jurisdiction. The defendant’s motion to dismiss based upon the … Click To Read Full Case Law Review...

INSURANCE: INSOLVENCY PROCEEDINGS; CIVIL PROCEDURE: DISCOVERY: APEX DOCTRINE: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY ORDERING INSURANCE COMMISSIONER TO SUBMIT TO DEPOSITION TO ANSWER HYPOTHETICAL QUESTIONS WHETHER HE WOULD HAVE RECOMMENDED INSTITUTING INSOLVENCY PROCEEDING ONE YEAR EARLIER IF ACCOUNTING FIRM PREPARED ACCURATE FINANCIAL STATEMENTS: THIS EVIDENCE COULD BE FURNISHED BY EXPERTS OR LOWER LEVEL EMPLOYEES: ASKING AGENCY HEADS TO ANSWER HYPOTHETICAL QUESTIONS VIOLATES SEPARATION OF POWERS AND COULD DISTRACT PUBLIC OFFICIALS FROM THE PERFORMANCE OF THEIR DUTIES; APPEALS: CERTIORARI

Florida Office of Insurance Regulation v. Florida Department of Financial Services, ___ So. 3d ___, 40 Fla. L. Weekly D638 (Fla. 1st DCA March 12, 2015)

The Florida Department of Financial Services (DFS), as the receiver of three insolvent insurance companies, sued an accounting firm for failing to prepare accurate financial statements. The Department alleged that if the Office … Click To Read Full Case Law Review...

ADMINISTRATIVE LAW: APPEALS: SECOND TIER CERTIORARI: CIRCUIT COURT, SITTING IN ITS APPELLATE CAPACITY, DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW, RESULTING IN A MISCARRIAGE OF JUSTICE, BY DISMISSING A TIMELY APPEAL BECAUSE THE APPELLANT SHOULD HAVE FILED A PETITION FOR CERTIORARI

Villa Lyan, Inc. v. Perez, ___ So. 3d ___, 40 Fla. L. Weekly D630 (Fla. 3d DCA March 11, 2015)

The circuit court, sitting in is appellate capacity, dismissed the petitioner’s appeal from an administrative order because the petitioner should have filed a petition for certiorari rather than an appeal. The district court granted second tier certiorari and quashed the … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: PRESUIT SCREEN REQUIREMENTS: ALTHOUGH CORROBORATING MEDICAL AFFIDAVIT LACKED DETAIL, TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW BY DENYING DEFENDANT’S MOTION TO DISMISS THE COUNTS OF COMPLAINT THAT THE AFFIDAVIT ADDRESSED, BUT TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY NOT DISMISSING COUNT AFFIDAVIT FAILED TO ADDRESS; APPEALS: CERTIORARI

University of South Florida Board of Trustees v. Mann, ___ So. 3d ___, 40 Fla. L. Weekly D563 (Fla. 2d DCA March 4, 2015)

Although it found that the plaintiff’s corroborating medical affidavit in a medical malpractice case “could [have been] more detailed, [the appellate court could not] conclude that the trial court departed from the essential requirements of law … Click To Read Full Case Law Review...