REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: CONTINUANCE: UNTIMELY DISCLOSURE OF NEW WITNESSES AND EXHIBITS: NEW TRIAL: TRIAL COURT ABUSED DISCRETION BY DENYING PLAINTIFF’S UNOPPOSED MOTION FOR CONTINUANCE AND THEN VIOLATED DUE PROCESS BY ALLOWING PLAINTIFF TO CALL WITNESSES AND TO INTRODUCE EXHIBITS DISCLOSED ONLY FOUR DAYS BEFORE TRIAL

Reive v. Deutsche Bank National Trust Company, ___ So. 3d ___, 40 Fla. L. Weekly D725 (Fla. 4th DCA March 25, 2015)

The plaintiff in a mortgage foreclosure filed a motion for continuance ten days before trial because a new loan servicer had been appointed and needed more time to review the loan documents. When the trial court denied … Click To Read Full Case Law Review...

FAMILY LAW: DUE PROCESS: TRIAL COURT DID NOT VIOLATE DUE PROCESS BY DENYING PETITION FOR MODIFICATION WITHOUT A HEARING BECAUSE PETITION WAS ACTUALLY AN UNTIMELY MOTION FOR REHEARING OR RECONSIDERATION

Westwood v. Westwood, ___ So. 3d ___, 40 Fla. L. Weekly D539 (Fla. 5th DCA February 27, 2015)

The trial court entered a partial final judgment of dissolution of marriage permitting the minor children to move to the United Kingdom with their father. The mother did not appeal but, thirty four days later, she filed a petition for modification … Click To Read Full Case Law Review...

CIVIL PROCEDURE: VENUE: DUE PROCESS: NOTICE: TRIAL COURT ERRED BY SUA SPONTE AND WITHOUT NOTICE TRANSFERRING TO LEON COUNTY INMATES’ ACTION AGAINST GOVERNOR

Kunselman v. Offices of Governor, ___ So. 3d ___, 40 Fla. L. Weekly D493 (Fla. 1st DCA February 23, 2015)

The appellate court reversed an order sua sponte transferring to Leon County an action by prison inmates against the Governor because the order was entered without providing the inmates with “notice and an opportunity to respond.”

To read more … Click To Read Full Case Law Review...

INJUNCTIONS: RESTRAINING ORDERS: MOTION TO DISSOLVE RESTRAINING ORDER: CIVIL PROCEDURE: DUE PROCESS: TRIAL COURT ERRED BY CONDUCTING HEARING ON INMATE’S MOTION TO DISSOLVE RESTRAINING ORDER BECAUSE TRIAL COURT’S FAILURE TO FOLLOW DEPARTMENT OF CORRECTIONS PROCEDURES PRECLUDED INMATE FROM PARTICIPATING BY TELEPHONE

Butler v. Norton, ___ So. 3d ___, 40 Fla. L. Weekly D493 (Fla. 1st DCA February 23, 2015)

A prison inmate filed a motion to dissolve a restraining order against him and a motion to appear telephonically. The trial court set the motion to dissolve for hearing in the morning and denied the motion when prison staff did not … Click To Read Full Case Law Review...

CIVIL PROCEDURE: NOTICE: DUE PROCESS: JUDGMENT REVERSED AS TO PARTY WHO DID NOT RECEIVE SUFFICIENT SERVICE OF MOTION FOR ENTRY OF JUDGMENT AND NOTICE OF HEARING ON MOTION

Sarasota Estate & Jewelry Buyers, Inc v. Kane, ___ So. 3d ___, 40 Fla. L. Weekly D486 (Fla. 2d DCA February 20, 2015)

One group of appellants did not receive legally sufficient notice of the appellee’s motion for entry of final judgment and the notice of hearing on the motion. The other appellant did receive legally sufficient notice. The appellate … Click To Read Full Case Law Review...