BANKING: ECONOMIC LOSS RULE: DEPOSITOR STATED CAUSE OF ACTION BY ALLEGING INDEPENDENT TORTS SEPARATE FROM BANK’S WRONGFUL DISBURSEMENT OF FUNDS BASED ON FORGED DOCUMENTS: WAIVER OF JURY TRIAL IN RULES FOR DEPOSIT ACCOUNTS DID NOT APPLY TO INDEPENDENT TORTS

Marian Farms, Inc. v. Suntrust Banks, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D69 (Fla. 5th DCA January 3, 2014)

The bank allowed a dishonest employee of the depositor to make withdrawals from the depositor’s corporate account. The trial court dismissed the depositor’s complaint based upon the economic loss rule.  The appellate court reversed because the depositor … Click To Read Full Case Law Review...

BANKING: ECONOMIC LOSS RULE: DEPOSITOR STATED CAUSE OF ACTION BY ALLEGING INDEPENDENT TORTS SEPARATE FROM BANK’S WRONGFUL DISBURSEMENT OF FUNDS BASED ON FORGED DOCUMENTS: WAIVER OF JURY TRIAL IN RULES FOR DEPOSIT ACCOUNTS DID NOT APPLY TO INDEPENDENT TORTS

Marian Farms, Inc. v. Suntrust Banks, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D69 (Fla. 5th DCA January 3, 2014)

The bank allowed a dishonest employee of the depositor to make withdrawals from the depositor’s corporate account. The trial court dismissed the depositor’s complaint based upon the economic loss rule.  The appellate court reversed because the depositor … Click To Read Full Case Law Review...

EXPERT WITNESSES: SUIT BY UNSUCCESSFUL PLAINTIFFS AND THEIR LAWYERS AGAINST EXPERT WITNESS FOR BOTCHING CASE: AN EXPERT WHO DOES NOT HOLD A FOUR YEAR DEGREE IS NOT A PROFESSIONAL FOR THE PURPOSES OF TORT LAW: ECONOMIC LOSS RULE: CAUSATION: PUBLIC POLICY AGAINST POSTTRIAL JUROR INTERVIEWS; APPEALS: TIPSY COACHMAN DOCTRINE

Hoskins v. Metzger, ___ So. 3d ___, 38 Fla. L. Weekly D24 (Fla. 2d DCA December 19, 2012)

The unsuccessful plaintiffs and their lawyers, in an action under the Magnuson-Moss Act, sued their expert witness, an investigator, for botching their case because of his unkempt appearance at trial and his ineptitude on cross examination.  The trial court dismissed the action … Click To Read Full Case Law Review...

CONTRACTS: HOME REPAIRS: BREACH OF CONTRACT: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT: CIVIL THEFT: NEGLIGENCE: ECONOMIC LOSS RULE; JUDGMENT: CLARIFICATION THAT PLAINTIFF IS ENTITLED TO RECOVERY OF ONLY ONE SET OF IDENTICAL DAMAGES FOR MULTIPLE THEORIES OF RECOVERY

Laufen, Inc. v. Andrew, ___ So. 3d ___, 37 Fla. L. Weekly D425 (Fla. 5th DCA February 17, 2012)

The defendant, a contractor, agreed to repair hurricane damage to the plaintiffs’ home, but he “breached the contract by failing to complete construction; by failing to pay subcontractors for work done; and by causing (and covering up) extensive additional damage … Click To Read Full Case Law Review...

FRAUD IN THE INDUCEMENT: REPRESENTATIONS TO NON-PARTY, ECONOMIC LOSS RULE

Brown v. Chamax, LLC, ___ So. 3d ___, 35 Fla. L. Weekly D2888 (Fla. 2d DCA 12/22/10)

The buyer agreed to purchase undeveloped land from the seller.  During the negotiations that preceded the agreement, the seller’s representatives told the buyer’s owner that the deal being offered to the buyer was as good as the deal given to the purchaser of … Click To Read Full Case Law Review...