APPEALS: TIMELINESS: BANKRUPTCY: PREEMPTION: THE DEADLINE TO FILE A NOTICE OF APPEAL WAS STAYED BY THE APPELLANT’S PETITION FOR BANKRUPTCY

AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D352 (Fla. 2d DCA February 6, 2015)

Although the defendant filed a notice of appeal 70 days after rendition of a preliminary injunction against it, the court held that the appeal was timely under the unique circumstances of this case. Under Fla. Click To Read Full Case Law Review...

INJUNCTIONS: VOLUNTARY DISMISSAL OF ACTION FOR INJUNCTION, AFTER INJUNCTION EXPIRED WITHOUT EVER HAVING BEEN CHALLENGED BY DEFENDANTS, DID NOT AUTOMATICALLY ESTABLISH DEFENDANTS’ ENTITLEMENT TO DAMAGES AGAINST INJUNCTION BOND  

Mossucco v. Aventura Tennis, LLC, ___ So. 3d ___, 39 Fla. L. Weekly D1606 (Fla. 3d DCA July 30, 2014)

The trial court granted the plaintiff’s motion for temporary injunction based upon a non-competition clause in an employment agreement.  The defendants never moved under Fla. R. Civ. P. 1.610(d) to dissolve the injunction or sought immediate appellate review under Fla. Click To Read Full Case Law Review...

SETTLEMENT: ORDER ENFORCING IN PART AND DENYING IN PART SETTLEMENT AGREEMENT AND ORDERING PARTIES TO RECONVENE SETTLEMENT NEGOTIATIONS: APPEALS: NON-FINAL ORDERS INVOLVING INJUNCTIONS

Clevens v. Omni Healthcare, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D761 (Fla. 5th DCA March 30, 2012)

An order granting in part and denying in part the terms of the parties’ settlement agreement and ordering the parties to reconvene for additional settlement negotiations was not reviewable under Fla. R. App. P. 9.130(a)(3)(B) as a non-final order … Click To Read Full Case Law Review...

TRUSTS: INJUNCTION ON TRANSFER OF ASSETS: MOTION TO DISMISS BASED UPON LACK OF SUBJECT MATTER AND PERSONAL JURISDICTION; APPEALS: JURISDICTION: PREMATURE APPEAL

Grasso v. Grasso, ___ So. 3d ___, 37 Fla. L. Weekly D587 (Fla. 2d DCA March 9, 2012)

The settler of a trust filed a lawsuit in Florida to enjoin the co-trustees in Oklahoma from transferring trust assets.  The trustees filed a motion to dismiss based upon lack of subject matter and personal jurisdiction.  The trial court granted a temporary … Click To Read Full Case Law Review...