CIVIL PROCEDURE: SANCTIONS: DISMISSAL WITH PREJUDICE: FAILURE TO COMPLY WITH NUMEROUS COURT ORDERS

Jubran v. Bay Court Towers Condominium, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D783 (Fla. 3d DCA April 16, 2014)

The appellate court affirmed the dismissal with prejudice of the plaintiff’s complaint because he failed to comply with numerous court orders over a six year period.  The plaintiff was represented by four different lawyers during the course of … Click To Read Full Case Law Review...

CIVIL PROCEDURE: DISCOVERY: PURE BILL OF DISCOVERY MAY NOT BE USED TO DETERMINE WHETHER A VIABLE CAUSE OF ACTION EXISTS; CIVIL PROCEDURE: DISMISSAL WITH PREJUDICE; APPEALS: PRESERVATION: FAILURE TO OBJECT, SEEK LEAVE TO AMEND, OR MOVE FOR REHEARING OR RECONSIDERATION

Vorbeck v. Betancourt, ___ So. 3d ___, 38 Fla. L. Weekly D57 (Fla. 3d DCA December 26, 2012)

The appellants, who inherited a 50% interest in two companies, filed a pure bill of discovery against their co-owner to determine whether he had misappropriated funds from the companies.  The trial court dismissed the action with prejudice, and the appellate court affirmed … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: DISMISSAL WITH PREJUDICE: RES JUDICATA: NEW DEFAULT

Star Funding Solutions, LLC v. Krondes, ___ So. 3d ___, 37 Fla. L. Weekly D2676 (Fla. 4th DCA November 21, 2012)

Dismissal with prejudice of an action to foreclose upon a mortgage does not bar another action based upon a subsequent default.  “[R]es judicata does not prevent mortgagees from foreclosing on a mortgage in successive foreclosure cases [if] the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: SANCTIONS: FAILURE TO SUBMIT SUMMARY JUDGMENT PACKAGE: DISMISSAL WITH PREJUDICE: FAILURE TO CONSIDER KOZEL v. OSTENDORF FACTORS

Deutsche Bank National Trust Company v. Waldorf, ___ So. 3d ___, 37 Fla., L. Weekly D1497 (Fla. 2d DCA June 22, 2012)

The appellate court reversed the dismissal with prejudice of an action to foreclose upon a mortgage, based upon the plaintiff’s failure to submit a summary judgment package, because the trial court failed to consider the Kozel v. OstendorfClick To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: PRESUIT SCREENING REQUIREMENTS: FAILURE TO PROVIDE VERIFIED MEDICAL OPINION BEFORE STATUTE OF LIMITATIONS EXPIRED: DISMISSAL WITH PREJUDICE

Berry v. Padden, ___ So. 3d ___, 37 Fla. L. Weekly D743 (Fla. 4th DCA March 28, 2012)

The appellate court affirmed the dismissal with prejudice of the plaintiffs’ complaint for medical malpractice because of their failure to provide a verified medical opinion before the statute of limitations expired.  “In this case, the plaintiffs provided the defendants with only … Click To Read Full Case Law Review...