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...

CIVIL PROCEDURE: DISCOVERY: FINANCIAL RECORDS: NONPARTIES: COURT DECLINES TO ADOPT A BLANKET RULE REQUIRING AN IN CAMERA INSPECTION OR AN EVIDENTIARY HEARING WHENEVER FINANCIAL RECORDS ARE SOUGHT FROM NONPARTIES: TRIAL COURT BALANCED REQUESTING PARTY’S RIGHT TO KNOW AGAINST THE PRODUCING PARTY’S RIGHT TO PRIVACY

Bianchi & Cecchi Services, Inc. v. Navalimpianti USA, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D668 (Fla. 3d DCA March 18, 2015)

The plaintiff sued former officers, directors, and employees for “conspir[acy] to breach fiduciary duties, misappropriat[ion of] trade secrets, and conver[sion of] property in order to shift business from [the plaintiff] to the defendants’ new company.” The … 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...

INSURANCE: BAD FAITH: PREMATURE BAD FAITH ACTION; CIVIL PROCEDURE: DISCOVERY: CLAIMS FILE: BUSINESS POLICIES OR PRACTICES; APPEALS: CERTIORARI: CERTIORARI GRANTED AS TO PREMATURE BAD FAITH DISCOVERY: CERTIORARI DENIED AS TO DENIAL OF MOTION TO DISMISS PREMATURE BAD FAITH ACTION WITHOUT PREJUDICE TO FILING MOTION TO ABATE IN TRIAL COURT

United Automobile Insurance Company v. Riverside Medical Associates, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D574 (Fla. 4th DCA March 4, 2015)

The appellate court granted the insurer’s petition for certiorari as to an order granting premature bad faith discovery. “[U]ntil the obligation to provide coverage and damages has been determined, a party is not entitled to … Click To Read Full Case Law Review...