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

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: MEDICAL MALPRACTICE: BIRTH RELATED NEUROLOGICAL INJURY COMPENSATION ACT (NICA): AT HOSPITALS WITH PARTICIPATING PHYSICIANS AND THE PARTICIPATING PHYSICIANS BOTH MUST PROVIDE THE NOTICE REQUIRED BY NICA: THE FAILURE TO PROVIDE NOTICE WAIVES NICA IMMUNITY: THE EMPLOYER OF A PARTICIPATING PHYSICIAN IS ENTITLED TO NICA IMMUNITY FOR DIRECT LIABILITY EVEN IF THE EMPLOYEE FAILED TO PROVIDE THE NOTICE REQUIRED BY NICA: THE EMPLOYER OF A PARTICIPATING PHYSICIAN IS NOT ENTITLED TO NICA IMMUNITY FOR THE VICARIOUS LIABILITY OF AN EMPLOYEE THAT FAILED TO PROVIDE THE NOTICE REQUIRED BY NICA; APPEALS: CERTIORARI: THE DENIAL OF SUMMARY JUDGMENT BASED UPON NICA IMMUNITY IS REVIEWABLE BY CERTIORARI BECAUSE NICA PROVIDES IMMUNITY FROM SUIT RATHER THAN MERE IMMUNITY FROM LIABILITY

University of Miami v. Ruiz, ___ So. 3d ___, 40 Fla. L. Weekly D416 (Fla. 3d DCA February 11, 2015)

The plaintiffs’ son sustained a serious brain injury because of oxygen deprivation during delivery in the hospital because of the negligence of two doctors employed by the university. Both the hospital and the doctors participated in the Florida Birth Related … Click To Read Full Case Law Review...

GUARDIANSHIP: INCAPACITATED PERSONS: WARD’S SISTER COULD NOT BE COMPELLED TO APPEAR THROUGH COUNSEL BECAUSE SHE WAS NOT A GUARDIAN AND HAD NOT ABUSED THE JUDICIAL PROCESS; CIVIL PROCEDURE: PRO SE LITIGANTS: PRO SE LITIGANTS ARE HELD TO THE SAME STANDARDS AS REASONABLY COMPETENT ATTORNEYS: APPEALS: CERTIORARI: APPEAL TREATED AS PETITION FOR CERTIORARI AND GRANTED

Silveira v. Quiroga, ___ So. 3d ___, 40 Fla. L. Weekly D287 (Fla 3d DCA January 28, 2015)

When the ward’s sister sought to be substituted for the public guardian, the trial court ruled that she had to appear through counsel, and the sister appealed. The appellate court treated the appeal as a petition for certiorari and granted the petition. … Click To Read Full Case Law Review...

CREDITOR’S REMEDIES: DISCOVERY IN AID OF EXECUTION: FIFTH AMENDMENT PRIVILEGE AGAINST SELF INCRIMINATION: ORDER COMPELLING JUDGMENT DEBTOR TO ANSWER QUESTIONS ABOUT HIS INCOME AND WHETHER HE FILED FEDERAL INCOME TAX RETURNS AND COMPELLING DEBTOR TO PRODUCE HIS FEDERAL INCOME TAX RETURNS; APPEALS: CERTIORARI: APPEAL TREATED AS PETITION FOR CERTIORARI: RECORD ON APPEAL: DENIAL OF PETITION FOR CERTIORARI BASED UPON ABSENCE OF HEARING TRANSCRIPTS AND EVIDENTIARY BASIS TO SUPPORT ASSERTION OF FIFTH AMENDMENT PRIVILEGE

Vaygensberg v. Barash, ___ So. 3d ___, 40 Fla. L. Weekly D262 (Fla. 3d DCA January 21, 2015)

During discovery in aid of execution, the trial court ordered the defendant to answer questions about his income and whether he filed federal income tax returns and to produce returns if they were filed. The appellate court treated the defendant’s appeal as … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: SLIP AND FALL: INSURANCE: MEDICAL PAYMENTS COVERAGE: NONJOINDER STATUTE; APPEALS: CERTIORARI: APPELLATE COURT QUASHES ORDER DENYING MOTION TO SEVER ACTION FOR PERSONAL INJURIES FROM ACTION FOR BREACH OF CONTRACT AGAINST TORTFEASOR’S LIABILITY CARRIER FOR FAILING TO EXTEND MEDPAY COVERAGE TO PLAINTIFF BECAUSE COMBINING THE TWO ACTION VIOLATED THE SPIRIT OF THE NONJOINDER STATUTE BY ALLOWING THE JURY TO DISCOVER THAT THE TORTFEASOR WAS INSURED

Starr Indemnity & Liability Company v. Morris, ___ So. 3d ___, 40 Fla. L. Weekly D147 (Fla. 3d DCA January 7, 2015)

After the plaintiff slipped and fell on a sport fishing boat, she sued the owner and the captain of the vessel for negligence, and she sued the owner’s liability insurer for breach of contract based upon the failure … Click To Read Full Case Law Review...