FAMILY LAW: ATTORNEY’S FEES: CHARGING LIEN; MAGISTRATES: EXCEPTIONS; CIVIL PROCEDURE: SANCTIONS: TRIAL COURT ABUSED ITS DISCRETION BY DENYING EXCEPTIONS TO GENERAL MAGISTRATE’S RECOMMENDATIONS BASED UPON THE OBJECTING PARTY’S FAILURE TO PROVIDE OPPOSING COUNSEL WITH THE TRANSCRIPT OF THE HEARING BEFORE THE MAGISTRATE: A CONTINUANCE WOULD HAVE PROTECTED THE PREVAILING PARTY’S INTERESTS WITHOUT DENYING DUE PROCESS BY DEPRIVING THE OBJECTING PARTY OF A DETERMINATION ON THE MERITS

Goldberg v. Law Office of Sara Lawrence, P.A., ___ So. 3d ___, 39 Fla. L. Weekly D2304 (Fla. 4th DCA November 5, 2014)

The wife’s lawyer in a matrimonial case filed a notice of charging lien, which was referred to a general magistrate.  The wife filed timely exceptions to the magistrate’s recommendations, but the trial court denied them based … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: TRIAL COURT DID NOT VIOLATE DUE PROCESS BY CONDUCTING TRIAL LESS THAN TWENTY DAYS AFTER THE LAST PLEADING WAS SERVED BECAUSE THE CASE WAS AT ISSUE BEFORE THE ANSWER WAS AMENDED, PLAINTIFF REPLIED TO THE ANSWER, PLAINTIFF DID NOT MOVE FOR AN IMMEDIATE CONTINUANCE AFTER THE ANSWER WAS FILED, AND THE BANK’S FAILURE TO PRODUCE A WITNESS FOR TRIAL WAS UNRELATED TO THE AMENDMENT: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY DENYING MOTION FOR CONTINUANCE MADE AT TRIAL BECAUSE ALL OF BANK’S REPRESENTATIVES HAD BEEN ASSIGNED TO OTHER CASES: BANK’S OVERSCHEDULING OF ITS REPRESENTATIVES IN OTHER CASES DID NOT CONSTITUTE GOOD CAUSE FOR CONTINUANCE: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY DISMISSING ACTION WITHOUT PREJUDICE BECAUSE THE TRIAL ORDER ADMONISHED THAT INABILITY TO RESOLVE CASE BY NON-JURY TRIAL MIGHT RESULT IN THE IMPOSITION OF SANCTIONS

HSBC Bank USA, N.A. v. Serban, ___ So. 3d ___, 39 Fla. L. Weekly D2218 (Fla. 1st DCA October 23, 2014)

Thirty-six days before the non-jury trial of a mortgage foreclosure, the trial court granted the defendant’s motion to amend his answer.  The bank filed its reply fifteen days before trial.  The bank moved for a continuance on the … Click To Read Full Case Law Review...

 CRIMINAL LAW: JUDGES: DISQUALIFICATION: APPELLATE COURT DISQUALIFIED JUDGE WHO RELEASED CRIMINAL DEFENDANT ON HIS OWN RECOGNIZANCE, WITHOUT TAKING EVIDENCE OR ARGUMENT, BECAUSE THE STATE NOLLE PROSSED AND REFILED THE CHARGES AGAINST THE DEFENDANT: TRIAL COURT’S POLICY OF REFUSING TO HEAR WILLIAMS RULE MOTIONS BEFORE TRIAL DEPRIVED THE STATE OF DUE PROCESS; APPEALS: PROHIBITION: CERTIORARI

State v. White, ___ So. 3d ___, 39 Fla. L. Weekly D2126 (Fla. 4th DCA October 8, 2014)

The State moved to disqualify the trial judge because he (1) “released [the defendant] on his own recognizance without taking any evidence or argument, in an apparent reaction to the state’s decision to nolle prosse and then re-file the charges against … Click To Read Full Case Law Review...

CIVIL PROCEDURE: PERSONAL JURISDICTION: SERVICE OF PROCESS: SUFFICIENCY OF SERVICE OF PROCESS: COMPLIANCE WITH HAGUE CONVENTION RENDERS SERVICE OF PROCESS SUFFICIENT AND ANY ADDITIONAL REQUIREMENTS IMPOSED BY FLORIDA LAW ARE PREEMPTED: SERVICE IN COMPLIANCE WITH VENEZUELAN LAW WAS CALCULATED TO APPRISE THE DEFENDANT OF THE PENDENCY OF THE ACTION AND SATISIFIED DUE PROCESS; APPEALS: MOTION FOR REHEARING EN BANC TREATED AS INCLUDING MOTION FOR REHEARING

Puigbo v. Medex Trading, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D2094 (Fla. 3d DCA October 1, 2014)

The appellate court treated the appellant’s motion for rehearing en banc as including a motion for rehearing and granted the implied motion for rehearing.

Compliance with the Hague Convention renders service of process sufficient, and any further requirements imposed by … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DUE PROCESS: GRANTING RELIEF NOT REQUESTED IN PLEADINGS ON UNPLED GROUNDS: ESTOPPEL: MEND THE HOLD DOCTRINE PREVENTED PLAINTIFF FROM CLAIMING ENTITLEMENT TO RELIEF ON UNPLED GROUNDS RELIED UPON BY TRIAL COURT  

Yampol v. Turnberry Isle South Condominium Association, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1668 (Fla. 3d DCA August 6, 2014)

The condominium association sued a unit owner for declaratory and injunctive relief because the unit owner made expensive improvements to the roof and parapet walls above his penthouse apartment that interfered with the association’s ability to maintain … Click To Read Full Case Law Review...