TORTS: WRONGFUL DEATH: PROBATE COURT LACKED JURISIDICTION TO REALLOCATE DAMAGES TO SURVIVORS BASED UPON THEIR PRETRIAL AGREEMENT: AN AWARD OF WRONGFUL DEATH DAMAGES TO SURVIVORS IS NOT PROPERTY OF THE ESTATE THAT INTERESTED PARTIES MAY AGREE TO REALLOCATE

Pitcher v. Waldo, ___ So. 3d ___, 40 Fla. L. Weekly D726 (Fla. 4th DCA March 25, 2015)

The parents agreed to split wrongful death damages to survivors 60% to the mother and 40% to the father, but the jury awarded $1 million to the mother and only $100,000 to the father. The father filed a petition for declaratory … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PROBATE COURT LACKED JURISIDICTION TO REALLOCATE DAMAGES TO SURVIVORS BASED UPON THEIR PRETRIAL AGREEMENT: AN AWARD OF WRONGFUL DEATH DAMAGES TO SURVIVORS IS NOT PROPERTY OF THE ESTATE THAT INTERESTED PARTIES MAY AGREE TO REALLOCATE

Pitcher v. Waldo, ___ So. 3d ___, 40 Fla. L. Weekly D726 (Fla. 4th DCA March 25, 2015)

The parents agreed to split wrongful death damages to survivors 60% to the mother and 40% to the father, but the jury awarded $1 million to the mother and only $100,000 to the father. The father filed a petition for declaratory … Click To Read Full Case Law Review...

CIVIL PROCEDURE: TRIAL COURT LACKED JURISDICTION TO VACATE DISMISSAL FOR LACK OF PROSECUTION BECAUSE A TIMELY MOTION FOR REHEARING OR RELIEF FROM JUDGMENT WAS NOT FILED AND THE TRIAL COURT’S ORDER DID NOT CONTAIN THE FINDINGS REQUIRED TO GRANT RELIEF FROM JUDGMENT

Aqua Life Corporation v. Reyes, ___ So. 3d ___, 40 Fla. L. Weekly D752 (Fla. 3d DCA March 25, 2015)

Eighteen months after it dismissed a case for lack of prosecution, the trial court granted the plaintiff’s motion for status conference, vacated the order of dismissal, set the case for trial, and ordered the parties to attend mediation. The appellate … Click To Read Full Case Law Review...

TORTS: FRAUD: UNDUE INFLUENCE: EQUITABLE RESCISSION; CIVIL PROCEDURE: PERSONAL JURISDICTION: ALLEGATION THAT FOREIGN DEFENDANT WAS SUI JURIS WAS INSUFFICIENT TO PLEAD A PREDICATE FOR PERSONAL JURISDICTION: ALLEGATION THAT CONTRACT WAS FRAUDULENTLY ASSIGNED TO A THIRD PARTY DID NOT ALLEGE A BREACH OF CONTRACT IN FLORIDA: COMPLAINT DID NOT ALLEGE SUFFICIENT MINIMUM CONTACTS WITH FLORIDA: PLAINTIFF’S FAILURE TO FILE SWORN PROOF IN OPPOSITION TO DEFENDANT’S SUFFICIENT AFFIDAVIT REQUIRED DISMISSAL; APPEALS: RECORD ON APPEAL: TRANSCRIPT OF HEARING WAS UNNECESSARY BECAUSE FACTS WERE NOT IN DISPUTE AND DE NOVO STANDARD OF REVIEW APPLIED

Rollet v. de Bizemont, ___ So. 3d ___, 40 Fla. L. Weekly D627 (Fla. 3d DCA March 11, 2015)

The plaintiff brought an action for equitable rescission of an assignment of a contract for the purchase of a condominium unit in Florida. The parties were citizens of France residing in Dubai. The appellate court reversed an order denying the defendant’s … Click To Read Full Case Law Review...

WORKER’S COMPENSATION: APPEALS: NONFINAL ORDERS: ORDER DECLINING TO RULE ON JURISDICTIONAL QUESTION BASED ON LACK OF EVIDENCE WAS NOT APPEALABLE UNDER FLA. R. APP. P. 9.180(b)(1)(A) PROVIDING FOR APPELLATE REVIEW OF NONFINAL ORDERS ADJUDICATING JURISDICTION

Bonafide Masonry v. Saxton, ___ So. 3d ___, 40 Fla. L. Weekly D586 (Fla. 1st DCA March 5, 2015)

An order of the Judge of Compensation claims, declining to rule on a jurisdictional question based on lack of evidence, was not appealable under Fla. R. App. P. 9.180(b)(1)(A), which provides for appellate review of nonfinal orders adjudicating jurisdiction. Instead … Click To Read Full Case Law Review...