CIVIL PROCEDURE: TRIAL COURT LACKED JURISDICTION TO VACATE DISMISSAL FOR LACK OF PROSECUTION BECAUSE A TIMELY MOTION FOR REHEARING OR RELIEF FROM JUDGMENT WAS NOT FILED AND THE TRIAL COURT’S ORDER DID NOT CONTAIN THE FINDINGS REQUIRED TO GRANT RELIEF FROM JUDGMENT

Aqua Life Corporation v. Reyes, ___ So. 3d ___, 40 Fla. L. Weekly D752 (Fla. 3d DCA March 25, 2015)

Eighteen months after it dismissed a case for lack of prosecution, the trial court granted the plaintiff’s motion for status conference, vacated the order of dismissal, set the case for trial, and ordered the parties to attend mediation. The appellate … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: BORROWER WAS NOT ENTITLED TO ATTORNEY’S FEES AS COSTS UNDER FLA. R. CIV. P. 1.420(d), AFTER VOLUNTARY DISMISSAL OF FORECLOSURE ACTION, BECAUSE NOTE AND MORTGAGE REFERRED SEPARATELY TO COSTS AND ATTORNEY’S FEES

Creamer v. BAC Home Loans Servicing, LP, ___ So. 3d ___, 40 Fla. L. Weekly D311 (Fla. 2d DCA January 30, 2015)

When the plaintiff in a mortgage foreclosure filed a notice of voluntary dismissal after the parties reached a settlement, the defendant moved for attorney’s fees as costs under Fla. R. Civ. P. 1.420(d). The trial court denied the … Click To Read Full Case Law Review...

FAMILY LAW: PETITION TO DETERMINE PATERNITY: SPERM DONOR: CIVIL PROCEDURE: SANCTIONS: ATTORNEY’S FEES: SECTION 57.105, FLORIDA STATUTES: ALTHOUGH SPERM DONOR’S AMENDED PETITION TO DETERMINE PATERNITY WAS DENIED WITH PREJUDICE, TRIAL COURT ERRED BY GRANTING ATTORNEY’S FEES AGAINST HIM UNDER SECTION 57.105, FLORIDA STATUTES, BECAUSE SPERM DONOR WAS ATTEMPTING TO ADVANCE A NOVEL QUESTION OF LAW

B.W.P. v. A.L.H., ___ So. 3d ___, 40 Fla. L. Weekly D267 (Fla. 2d DCA January 23, 2015)

The appellate court affirmed an order dismissing with prejudice a sperm donor’s amended petition to determine paternity, but the court reversed an order awarding attorney’s fees against the donor as a sanction under Section 57.105, Florida Statutes, because the donor “attempted to … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: APPEALS: INVOLUNTARY DISMISSAL WITHOUT PREJUDICE, WITHOUT GRANTING LEAVE TO AMEND, IS A FINAL APPEALABLE ORDER: TRIAL COURT LACKS JURISDICTION TO GRANT UNTIMELY MOTION FOR REHEARING: APPELLATE COURT REFUSES TO TREAT UNTIMELY MOTION FOR REHEARING AS MOTION FOR RELIEF FROM JUDGMENT BECAUSE MOTION DID NOT INVOKE FLA. R. CIV. P. 1.540 OR COMPLY WITH ITS REQUIREMENTS: EVEN IF MOTION HAD BEEN TIMELY, IT WOULD NOT HAVE SUSPENDED RENDITION AS TO BANK BECAUSE MOTION WAS FILED BY HOMEOWNERS ASSOCIATION: APPELLATE COURT’S HOLDING DOES NOT PREVENT BANK OR ASSOCIATION FROM FILING TIMELY AND ADEQUATE MOTION FOR RELIEF FROM JUDGMENT

Patel v. U.S. Bank National Association, ___ So. 3d ___, 40 Fla. L. Weekly D80 (Fla. 2d DCA December 31, 2014)

The trial court involuntarily dismissed a foreclosure action without prejudice and without leave to amend based upon the mistaken belief that the note was not attached to the complaint. When the trial court discovered its error, it instructed the … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: FAILURE TO PROVIDE SECURITY; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT FROM PRIMARY PLAINTIFF WAS AMBIGUOUS BECAUSE IT WAS UNCLEAR WHETHER IT WAS INTENDED TO RESOLVE CLAIM OF ONLY THE PRIMARY PLAINTIFF OR CLAIMS OF BOTH THE PRIMARY AND DERIVATIVE PLAINTIFFS: PLAINTIFF, WHO SERVED SEPARATE PROPOSALS FOR SETTLEMENT ON THREE DEFENDANTS, BUT ASKED THE JURY TO TREAT ALL THREE DEFENDANTS AS A SINGLE ENTITY, WAS NOT ENTITLED TO RECOVER ATTORNEY’S FEES BECAUSE THE AMOUNT RECOVERED WAS LESS THAN THE SUM OF THE THREE PROPOSALS FOR SETTLEMENT

Hilton Hotels Corporation v. Anderson, ___ So. 3d ___, 40 Fla. L. Weekly D48 (Fla. 5th DCA December 19, 2014)

A criminal attacked the plaintiff in the parking lot of a hotel. The plaintiff and his wife sued the franchisor, the franchisee, the hotel manager, and the security company, and served separate proposals for settlement on each of them. … Click To Read Full Case Law Review...