CRIMINAL LAW: EVIDENCE: HEARSAY: RULE OF COMPLETENESS: UNDER RULE OF COMPLETENESS, TRIAL COURT ERRED BY ADMITTING ONLY DEFENDANT’S INCULPATORY STATEMENT TO PARAMEDIC AND EXCLUDING EXCULPATORY STATEMENT ALTHOUGH IT WAS SELF-SERVING HEARSAY: WHEN THE STATE OPENS THE DOOR, OTHERWISE INADMISSIBLE EVIDENCE MAY BE INTRODUCED TO AVOID MISLEADING THE JURY

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Newton v. State, ___ So. 3d ___, 40 Fla. L. Weekly D761 (Fla. 5th DCA March 27, 2015)

The defendant’s girlfriend died when his truck rolled over after they left a bar. It was undisputed that the defendant was intoxicated, but he contended that his girlfriend was the driver. At trial, the State called a paramedic, who testified that … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: ASSIGNMENT EXECUTED AFTER FORECLOSURE ACTION WAS FILED: UNDATED SPECIAL INDORSEMENTS WITHOUT EVIDENCE WHEN THEY WERE AFFIXED TO NOTE: LACK OF EVIDENCE OF INTENT TO TRANSFER INTEREST IN NOTE AND MORTGAGE

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Jelic v. LaSalle Bank, National Association, ___ So. 3d ___, 40 Fla. L. Weekly D737 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of mortgage foreclosure based upon insufficient evidence of standing because (1) an assignment of the note and mortgage occurred after the foreclosure complaint was filed, (2) special indorsements on the original note … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: DAMAGES: PORTIONS OF JUDGMENT RELATING TO INTEREST, PROPERTY INSPECTION FEES, AND ATTORNEY’S FEES WERE REVERSED BECAUSE OF THE LACK OF COMPETENT, SUBSTANTIAL EVIDENCE SUPPORTING THESE COMPONENTS OF THE JUDGMENT: CIVIL PROCEDURE: DO OVER: REMAND FOR EVIDENTIARY HEARING

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Boyette v. BAC Home Loans Servicing, LP, ___ So. 3d ___, 40 Fla. L. Weekly D674 (Fla. 2d DCA March 18, 2015)

The appellate court in a mortgage foreclosure reversed final judgment to the extent that it awarded interest, property inspection fees, and attorney’s fees because of the absence of competent, substantial evidence to support those components of the final … 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

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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...

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

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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...