PROBATE LAW: MEDIATION: SETTLEMENT: BUYER’S REMORSE INSUFFICIENT TO SET ASIDE SETTLEMENT AGREEMENT

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Pierce v. Pierce, ___ So. 3d ___, 38 Fla. L. Weekly D2590 (Fla. 1st DCA December 10, 2013)

The trial court in a probate case set aside a mediation settlement agreement because the mediator allegedly denied the appellee’s “request to take the agreement home over the weekend in order to study it.”  The appellate court reversed.  “This record [was] … Click To Read Full Case Law Review...

SETTLEMENT: MEDIATION: SANCTIONS: ATTORNEY’S FEES: APPELLATE COURT’S DENIAL OF FEES AS A SANCTION UNDER FLA. R. CIV. P. 1.730(c) FOR FAILING TO PERFORM UNDER A MEDIATION AGREEMENT DID NOT CONSTITUTE THE LAW OF THE CASE AND DID NOT PRECLUDE THE TRIAL COURT FROM AWARDING FEES UNDER THE RULE: ORAL FINDINGS OF FACT WERE SUFFICIENT TO SATISFY THE RULE

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Pompano Masonry Corporation v. Anastasi,­ ___ So. 3d ___, 38 Fla. L. Weekly D295 (Fla. 4th DCA February 6, 2013)

In an earlier appeal, the appellate court affirmed the trial court’s denial of the defendants’ motion to vacate a mediation settlement agreement but denied the plaintiff’s motion for attorney’s fees under Fla. R. Civ. P. 1.730 (c), which provides … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: WINDSTORM: APPRAISAL: UNSUCCESSFUL MEDIATION, REQUESTED BY INSURED, DOES NOT NEGATE INSURER’S RIGHT TO APPRAISAL: ADMINISTRATIVE RULE THAT EXCEEDS SCOPE OF STATUTE IS INVALID

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First Protective Insurance Company v. Schneider Family Partnership, ___ So. 3d ___, 37 Fla. L. Weekly D2631 (Fla. 2d DCA November 14, 2012)

Based on Administrative Rule 69J-2.003(10), the trial court declared that the insurer was not entitled to appraisal after mediation – invoked by the insured – was unsuccessful.  The appellate court reversed.  Section 627.7015, Florida Statutes, provided that … Click To Read Full Case Law Review...

FAMILY LAW: MOTION TO SET ASIDE MEDIATION SETTLEMENT AGREEMENT: MOTION FOR CONTINUANCE

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Diedrick v. Diedrick, ___ So. 3d ___, 37 Fla. L. Weekly D1786 (Fla. 5th DCA July 27, 2012)

The trial court denied the wife’s motion for continuance and motion to set aside mediation settlement agreement and incorporated the agreement in the final judgment.  The appellate court reversed.  The trial court abused its discretion by denying a continuance to provide … Click To Read Full Case Law Review...

REAL ESTATE: HOMEOWNERS’ ASSOCIATION: NO DOG POLICY: FAIR HOUSING ACT; REQUEST FOR ACCOMODATION: MEANINGFUL REVIEW; APPEALS: FLA. R. CIV. P. 9.600(a): CORRECTION OF PROCEDURAL ERROR; MEDIATION: PRIVILEGE: WAIVER

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Sun Harbor Homeowners’ Association, Inc. v. Bonura, ___ So. 3d ___, 37 Fla. L. Weekly D1398 (Fla. 4th DCA June 13, 2012)

The association sought to enjoin a homeowner from keeping a dog in violation of its no dog policy, and the homeowner filed a counterclaim for violation of the Florida and Federal Fair Housing Acts.

After conducting a … Click To Read Full Case Law Review...