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

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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...

COMMERCIAL TRANSACTIONS: ACTION ON GUARANTY; PROFESSIONAL RESPONSIBILITY: REPRESENTATIONS OF COUNSEL; CIVIL PROCEDURE: NEW TRIAL: NEW TRIAL REQUIRED BECAUSE TRIAL COURT OVERRULED OBJECTION TO, AND RELIED UPON, UNSUBSTANTIATED REPRESENTATIONS OF COUNSEL DURING INTRODUCTORY STATEMENT AND DEPRIVED THE OPPOSING PARTY OF THE OPPORTUNITY TO PRESENT CONTRARY EVIDENCE

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Taverna v. Bank of America, ___ So. 3d ___, 40 Fla. L. Weekly D579 (Fla. 3d DCA March 4, 2015)

The lender sued the corporate borrower and two guarantors for the balance due under a line of credit. One guarantor claimed that her signature was a forgery. The bank obtained judgment against the debtor and the guarantor whose signature was … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: NEGLIGENCE: PREMISES LIABILITY: FAILURE TO PROVIDE SECURITY: CIVIL PROCEDURE: DIRECTED VERDICT: LACK OF FORCED ENTRY INTO VICTIMS’ APARTMENT DID NOT REFUTE CAUSATION AS MATTER OF LAW

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Sanders v. ERP Operating Limited Partnership, ___ So. 3d ___, 40 Fla. L. Weekly S85 (Fla. February 12, 2015)

The victims were shot to death in their apartment by an unknown assailant, but there were no signs of forced entry. The owner of the apartment complex, “a national company owning approximately 100 properties,” was allegedly negligent for “failing to: (1) … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: CIVIL PROCEDURE: NEW TRIAL: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY GRANTING PLAINTIFFS’ MOTION FOR NEW TRIAL BASED UPON DEFENDANT’S DESTRUCTION OF EVIDENCE, VIOLATION OF COURT ORDERS, DISCOVERY VIOLATIONS, AND JUROR MISCONDUCT BY CONCEALING LITIGATION HISTORY

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Meadowbrook Meat Company v. Catinella, ___ So. 3d ___, 40 Fla. L. Weekly D402 (Fla. 2d DCA February 11, 2015)

The plaintiff alleged that he slipped and fell while unloading a truck at the defendant’s facility because of a malfunctioning dock leveler. The jury returned a defense verdict, but the trial court granted a new trial based upon the defendant’s … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY: CAUSATION: SHOPPER STRUCK IN BACK BY 8.4 OUNCE, SQUISHY, ORNAMENTAL PUMPKIN: TRIAL COURT ERRED BY GRANTING NEW TRIAL ON DAMAGES FOR INITIAL MEDICAL EVALUATION OF PLAINTIFF, AFTER JURY RETURNED ZERO VERDICT, BECAUSE BIOMECHANICAL ENGINEER TESTIFIED IMPACT COULD NOT HAVE CAUSED INJURY TO PLAINTIFF; APPEALS: PRESERVATION: PLAINTIFF DID NOT PRESERVE CHALLENGE TO VERDICT BECAUSE SHE FAILED TO OBJECT TO JURY INSTRUCTIONS OR VERDICT FORM AND FAILED TO MOVE FOR A DIRECTED VERDICT ON ENTITLEMENT TO RECOVERY OF DIAGNOSTIC BILLS

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Schwartz v. Wal-Mart Stores, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D215 (Fla. 5th DCA January 16, 2015)

The plaintiff was struck in the back by an 8.4 ounce, squishy, ornamental pumpkin while shopping at Wal-Mart. Although the store admitted that its employees were negligent, it “vigorously contested causation and damages” and called a biomedical engineer, who … Click To Read Full Case Law Review...