REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: DISCOVERY: ATTORNEY-CLIENT PRIVILEGE: JOINT DEFENSE PRIVILEGE: JOINT DEFENSE AGREEMENT NEED NOT BE IN WRITING FOR PRIVILEGE TO APPLY: IN CAMERA INSPECTION WAS NECESSARY TO DETERMINE WHETHER DEFENDANTS INTENDED TO MAINTAIN CONFIDENTIALITY WHILE SHARING INFORMATION IN PURSUIT OF THEIR COMMON INTERESTS: COMMUNICATION TO AGENT OF HOLDER DOES NOT WAIVE PRIVILEGE; APPEALS: CERTIORARI

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AG Beaumont 1, LLC v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D704 (Fla. 2d DCA March 20, 2015)

The plaintiff in a mortgage foreclosure sued twenty-five limited liability companies and an individual. The plaintiff dismissed the individual and subpoenaed his communications with the LLC’s. When the trial court overruled the LLCs’ objection to production … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: ARBITRATION: CIVIL PROCEDURE: VOLUNTARY DISMISSAL: TRIAL COURT LACKED JURISDICTION TO COMPEL VOLUNTARILY DISMISSED DEFENDANT TO SUBMIT TO ARBITRATION

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Williams v. Kevin F. Jursinski, P.A., ___ So. 3d ___, 40 Fla. L. Weekly D705 (Fla. 2d DCA March 20, 2015)

The plaintiff sued a professional association and its former associate for legal malpractice. The plaintiff voluntarily dismissed the professional association after it filed a motion to compel arbitration. The trial court granted the motion and compelled the plaintiff, the … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: AMENDMENT: RELATION BACK: AMENDED COMPLAINT AGAINST WIFE DID NOT RELATE BACK TO INITIAL COMPLAINT AGAINST HUSBAND

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Russ v. Williams, ___ So. 3d ___, 40 Fla. L. Weekly D709 (Fla. 1st DCA March 20, 2015)

A plaintiff, who sustained personal injuries in a motor vehicle accident, sued the husband as the owner and operator of the other vehicle. After the statute of limitations ran, the husband filed a motion for summary judgment contending that his wife … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: EX PARTE COMMUNICATIONS WITH ATTORNEY GENERAL’S OFFICE: RESPONDING TO PETITION FOR WRIT OF PROHIBITION FROM DENIAL OF MOTION TO DISQUALIFY: APPELLATE COURT DISQUALIFIES JUDGE FOR SENDING EMAIL TO ATTORNEY GENERAL WITH REFUTATION OF DEFENDANT’S APPELLATE CHALLENGE TO DENIAL OF MOTION TO STAY AND FOR SUBMITTING A RESPONSE TO DEFENDANT’S PETITION FOR WRIT OF PROHIBITION REFLECTING THAT JUDGE HAD A PERSONAL INTEREST IN THE APPEAL OF THE STAY AND AN EXPECTATION THAT THE ATTORNEY GENERAL WOULD REPRESENT HER INTERESTS IN THE APPEAL; APPEAL: PROHIBITION

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Masten v. State, ___ So. 3d ___, 40 Fla. L. Weekly D714 (Fla. 3d DCA March 20, 2015)

The appellate court granted the defendant’s petition for writ of prohibition from an order denying his motion to disqualify the trial judge. When the defendant appealed from an order denying a motion for stay of his sentence for violation of probation, the … Click To Read Full Case Law Review...

INJUNCTIONS: FAILURE TO SPECIFY TIMEFRAME TO POST BOND: APPEALS: DISMISSAL: PREMATURE APPEAL: APPEAL DISMISSED AS PREMATURE BECAUSE INJUNCTION DID NOT GO INTO EFFECT BECAUSE APPELLEE NEVER POSTED BOND SET BY TRIAL COURT

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Salas v. Alexander, ___ So. 3d ___, 40 Fla. L. Weekly D667 (Fla. 3d DCA March 18, 2015)

The appellate court dismissed as premature an appeal from a temporary injunction because the injunction never went into effect because the appellee failed to post the bond set by the trial court. The appellate court stated that trial courts should specify the … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISCOVERY: FINANCIAL RECORDS: NONPARTIES: COURT DECLINES TO ADOPT A BLANKET RULE REQUIRING AN IN CAMERA INSPECTION OR AN EVIDENTIARY HEARING WHENEVER FINANCIAL RECORDS ARE SOUGHT FROM NONPARTIES: TRIAL COURT BALANCED REQUESTING PARTY’S RIGHT TO KNOW AGAINST THE PRODUCING PARTY’S RIGHT TO PRIVACY

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Bianchi & Cecchi Services, Inc. v. Navalimpianti USA, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D668 (Fla. 3d DCA March 18, 2015)

The plaintiff sued former officers, directors, and employees for “conspir[acy] to breach fiduciary duties, misappropriat[ion of] trade secrets, and conver[sion of] property in order to shift business from [the plaintiff] to the defendants’ new company.” The … Click To Read Full Case Law Review...

TORTS: PRODUCT LIABILITY: FAILURE TO WARN: CAUSATION: CARBON FIBER BICYCLE: JUDGMENT FOR PLAINTIFF REVERSED BECAUSE DEFENDANT’S FAILURE TO WARN THAT DAMAGED CARBON FIBER COULD FAIL SUDDENLY WAS NOT THE CAUSE OF THE PLAINTIFF’S ACCIDENT: ACCIDENT OCCURRED BECAUSE ROAD DEBRIS GOT CAUGHT IN THE ROTATING SPOKES OF THE FRONT WHEEL, SOMETHING THAT COULD HAPPEN REGARDLESS OF THE MATERIAL FROM WHICH THE BICYCLE WAS MANUFACTURED

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Trek Bicycle Corporation v. Miguelez, ___ So. 3d ___, 40 Fla. L. Weekly d669 (Fla. 3d DCA March 18, 2015)

The appellate court in a product liability case reversed judgment for the plaintiff, based upon a jury verdict, because of the plaintiff’s failure to establish causation. The plaintiff alleged that he would not have purchased the accident bicycle if he … Click To Read Full Case Law Review...

TORTS: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: PLAINTIFF PROVIDED SUFFICIENT EVIDENCE THAT HE WAS ADDICTED TO CIGARETTES CONTAINING NICOTINE; CIVIL PROCEDURE: CLOSING ARGUMENT: PLAINTIFF WAS ENTITLED TO COMMENT UPON DEFENDANT’S POSITION THAT IT DID NOT CONSPIRE TO CONCEAL INFORMATION ABOUT THE HEALTH HAZARDS OF SMOKING: ALTHOUGH IT IS PROBLEMATIC TO ARGUE THAT DEFENDANT’S CONDUCT AT TRIAL IS A CONTINUATION OF THE MISCONDUCT UPON WHICH THE PLAINTIFF’S LAWSUIT IS BASED, PLAINTIFF COUNSEL ENGAGED IN FAIR COMMENT IN THIS CASE

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R.J. Reynolds Tobacco Company v. Ballard, ___ So. 3d ___, 40 Fla. L. Weekly D670 (Fla. 3d DCA March 18, 2015)

The appellate court affirmed judgment for the plaintiff in an Engle progeny case. Contrary to the defendant’s assertion, the plaintiff did provide sufficient evidence to prove that he was addicted to cigarettes containing nicotine. The plaintiff called an expert … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: PRESUIT SCREENING REQUIREMENTS; CIVIL PROCEDURE: DISCOVERY: QUALIFICATIONS OF PRESUIT AFFIANT; APPEALS: CERTIORARI: IRREPARABLE HARM: DENIAL OF DISCOVERY CONCERNING QUALIFICATIONS OF PRESUIT AFFIANT DID NOT RESULT IN IRREPARABLE HARM BECAUSE PHYSICIAN COULD FILE A PETITION FOR CERTIORARI IF TRIAL COURT DENIED HIS MOTION TO DISMISS BASED UPON FAILURE TO COMPLY WITH PRESUIT REQUIREMENTS

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Plantz v. John, ___ So. 3d ___, 40 Fla. L. Weekly D673 (Fla. 2d DCA March 18, 2015)

When the trial court in a medical malpractice case denied the defendant’s motion to compel discovery of the presuit affiant’s qualifications, the appellate court denied his petition for certiorari based on lack of jurisdiction. The defendant’s motion to dismiss based upon the … 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...