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

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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...

INJUNCTIONS: VOLUNTARY DISMISSAL OF ACTION FOR INJUNCTION, AFTER INJUNCTION EXPIRED WITHOUT EVER HAVING BEEN CHALLENGED BY DEFENDANTS, DID NOT AUTOMATICALLY ESTABLISH DEFENDANTS’ ENTITLEMENT TO DAMAGES AGAINST INJUNCTION BOND  

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Mossucco v. Aventura Tennis, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D1606 (Fla. 3d DCA July 30, 2014)

The trial court granted the plaintiff’s motion for temporary injunction based upon a non-competition clause in an employment agreement.  The defendants never moved under Fla. R. Civ. P. 1.610(d) to dissolve the injunction or sought immediate appellate review under Fla. … Click To Read Full Case Law Review...

APPEALS: ORDER DENYING MOTION FOR SUMMARY JUDGMENT NOT REVIEWABLE BY MANDAMUS OR CERTIORARI  

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Moskovits v. Crystal House, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1397 (Fla. 3d DCA July 2, 2014)

The trial court, in an action to set aside a settlement agreement based on extrinsic fraud, denied the plaintiff’s motion for summary judgment.  The plaintiff sought review by petition for writ of mandamus or certiorari, but the appellate court dismissed … Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: DISCOVERY IN AID OF EXECUTION: DOCUMENTS MAY BE SUBPOENAED FROM THIRD PARTIES WITHOUT INSTITUTING PROCEEDINGS SUPPLEMENTARY

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2700 North Ocean, LLC v. Sternberg, ___ So. 3d ___, 39 Fla. L. Weekly D1000 (Fla. 3d DCA May 14, 2014)

A judgment creditor, seeking discovery in aid of execution, served subpoenas duces tecum upon third party witnesses, who filed motions for protective order.  The trial court denied the motions, and the appellate court affirmed because “the trial judge could … Click To Read Full Case Law Review...

GUARDIANSHIP: ORDER DENYING DISCHARGE OF GUARDIAN AND DETERMINING THAT BANK ACCOUNTS TITLED IN NAMES OF WARD AND GUARDIAN WERE OWNED SOLELY BY WARD; ORDER DENYING GUARDIANSHIP FEES: APPEALS: ORDER FINALLY DETERMINING RIGHT OR OBLIGATION OF INTERESTED PERSON

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Karr v. Vitry, ___ So. 3d ___, 39 Fla. L. Weekly D223 (Fla. 5th DCA January 24, 2014)

 

An order denying the guardian’s motion for discharge, although not final, was appealable under Fla. R. App. P. 9.170(b), “which authorizes appeals from orders that ‘finally determine a right or obligation of an interested person,’” because it included a … Click To Read Full Case Law Review...