INJUNCTIONS: FAILURE TO SPECIFY TIMEFRAME TO POST BOND: APPEALS: DISMISSAL: PREMATURE APPEAL: APPEAL DISMISSED AS PREMATURE BECAUSE INJUNCTION DID NOT GO INTO EFFECT BECAUSE APPELLEE NEVER POSTED BOND SET BY TRIAL COURT

Salas v. Alexander, ___ So. 3d ___, 40 Fla. L. Weekly D667 (Fla. 3d DCA March 18, 2015)

The appellate court dismissed as premature an appeal from a temporary injunction because the injunction never went into effect because the appellee failed to post the bond set by the trial court. The appellate court stated that trial courts should specify the … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: NURSING NEGLIGENCE; CIVIL PROCEDURE: MANDATORY NONBINDING ARBITRATION: PARTIES ARE ENTITLED TO AN EXTRA FIVE DAYS TO REQUEST TRIAL DE NOVO IF ARBITRATOR’S DECISION IS SERVED BY MAIL

Harold v. Sanders, ___ So. 3d ___, 40 Fla. L. Weekly D619 (Fla. 2d DCA March 11, 2015)

The parties to an action for medical malpractice and nursing negligence submitted to mandatory nonbinding arbitration. The trial court entered judgment based upon the arbitration award twenty three days after the decision was mailed to the parties. The appellate court reversed because … Click To Read Full Case Law Review...

FAMILY LAW: CHILD SUPPORT: CIVIL PROCEDURE: RELIEF FROM JUDGMENT: CLERICAL MISTAKES: IMPUTATION OF MEDIAN INCOME, RATHER THAN MINIMUM INCOME, WAS A SUBSTANTIVE, RATHER THAN A CLERICAL, ERROR THAT SHOULD HAVE BEEN ADDRESSED BY MOTION FOR REHEARING OR APPEAL RATHER THAN MOTION FOR RELIEF FROM JUDGMENT UNDER FLA. R. CIV. P. 1.540(a): MISTAKE ARISING FROM DELIBERATE CHOICE IS NOT CLERICAL ERROR

Department of Revenue v. Annis, ___ So. 3d ___, 40 Fla. L. Weekly D565 (Fla. 2d DCA March 4, 2015)

The Department of Revenue (DOR) filed a petition for support against the father. The trial court’s amended final judgment imputed income at the median income level, but a successor judge relied upon Fla. R. Civ. P. 1.540(a) to enter a … Click To Read Full Case Law Review...

CIVIL PROCEDURE: JUDGMENTS: CORRECTION: CLERICAL ERRORS: FAILURE OF JUDGMENT TO ADDRESS WHETHER INDIVIDUAL WAS THE SOLE REMAINING DEFENDANT AND ALL CLAIMS, RIGHTS, OR LIABILITIES OF THE OTHER PARTIES HAD BEEN ADJUDICATED IS NOT A CLERICAL ERROR THAT MAY BE CORRECTED UNDER FLA. R. CIV. P. 1.540(a)

Lorant v. Whitney National Bank, ___ So. 3d ___, 40 Fla. L. Weekly D494 (Fla. 1st DCA February 24, 2015)

The bank obtained a deficiency judgment against one of the defendants in a mortgage foreclosure. When the bank was unable to domesticate the judgment in Alabama because it did not specify whether the defendant “was the sole remaining defendant … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: AFTER TRIAL COURT DENIED BORROWER’S MOTION TO SET ASIDE FINAL JUDGMENT OF FORECLOSURE AND DENIED BORROWER’S OBJECTION TO SALE, TRIAL COURT LACKED JURISDICTION TO ORDER CLERK TO WITHHOLD CERTIFICATE OF SALE UNTIL LENDER APPEARED TO EXPLAIN WHY THE MORTGAGE HAD NOT BEEN MODIFIED AND TO DISMISS THE CASE AND DECLARE BORROWER TO BE THE PREVAILING PARTY AFTER LENDER FAILED TO APPEAR

Salazar v. HSBC Bank, USA, NA, ___ So. 3d ___, 40 Fla. L. Weekly D411 (Fla. 3d DCA February 11, 2015)

Seven months after default final judgment of foreclosure was entered against the borrower without post trial motions or an appeal, “[the borrower’s] condominium unit was sold and a certificate of sale was filed by the clerk of the court.” … Click To Read Full Case Law Review...