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

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: 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

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: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: NEW TRIAL: ORDER GRANTING MOTION FOR NEW TRIAL AFFIRMED: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY DETERMINING THAT NEW TRIAL WAS WARRANTED BASED UPON THE MISCONDUCT OF THE DEFENDANT AND TWO JURORS AND A VERDICT THAT WAS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE

Meadowbrook Meat Company v. Cantinella, ___ So. 3d ___, 39 Fla. L. Weekly D2515 (Fla. 2d DCA December 3, 2014)

The appellate court affirmed an order granting the plaintiff’s motion for new trial in a slip and fall case. The trial court did not abuse its discretion by determining that a new trial was warranted based upon (1) the misconduct … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: NEW TRIAL: ORDER GRANTING MOTION FOR NEW TRIAL AFFIRMED: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY DETERMINING THAT NEW TRIAL WAS WARRANTED BASED UPON THE MISCONDUCT OF THE DEFENDANT AND TWO JURORS AND A VERDICT THAT WAS CONTRARY TO THE MANIFEST WEIGHT OF THE EVIDENCE

Meadowbrook Meat Company v. Cantinella, ___ So. 3d ___, 39 Fla. L. Weekly D2515 (Fla. 2d DCA December 3, 2014)

The appellate court affirmed an order granting the plaintiff’s motion for new trial in a slip and fall case.  The trial court did not abuse its discretion by determining that a new trial was warranted based upon (1) the misconduct … Click To Read Full Case Law Review...

CIVIL PROCEDURE: NEW TRIAL; APPEALS: RELINQUISHMENT OF JURISDICTION TO SPECIFY GROUNDS FOR NEW TRIAL

Casines v. State Farm Florida Insurance Company, ___ So. 3d ___, 36 Fla. L. Weekly D1268 (Fla. 3d DCA 6/15/11)

The prevailing party in the trial court appealed from an order granting a new trial. “Because the order does not contain specific grounds, we relinquish jurisdiction to the trial court for 60 days for entry of an order specifying the … Click To Read Full Case Law Review...