TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: CLOSING ARGUMENT: PROFESSIONAL RESPONSIBILITY: GOTCHA TACTICS: EVIDENCE: MEDICAL RECORDS: STATEMENTS IN MEDICAL RECORDS THAT PLAINTIFF SLIPPED ON SPILLED WATER WERE INADMISSIBLE HEARSAY BECAUSE THE SOURCE OF THE STATEMENTS WAS UNKNOWN, AND THE PLAINTIFF DENIED MAKING THEM: TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO REDACT TWO REFERENCES TO WATER SPILL THAT PLAINTIFFS’ COUNSEL MISSED BEFORE THE RECORDS WERE ADMITTED IN EVIDENCE AND BY ALLOWING DEFENSE COUNSEL TO ARGUE THAT PLAINTIFF WAS DISHONEST BECAUSE SHE TESTIFIED THAT SHE SLIPPED ON SPRAYED INSECTICIDE: DEFENSE COUNSEL ENGAGED IN UNPROFESSIONAL, GOTCHA TACTICS AND UNDERMINED THE INTEGRITY OF THE JUDICIAL PROCESS

Andreaus v. Impact Pest Management, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D357 (Fla. 2d DCA February 6, 2015)

The plaintiff alleged that she slipped and fell on insecticide that had been sprayed on the tile floor outside an elevator, but her medical records contained references to slipping and falling on spilled water. The trial court properly granted … Click To Read Full Case Law Review...

PROFESSIONAL RESPONSIBILITY: CIVIL PROCEDURE: NEW TRIAL: MOTION FOR ADMISSION PRO HAC VICE THAT CONFORMS TO FLA. R. J. ADMIN. 2.510 COULD NOT BE DENIED BECAUSE IT WAS MADE ON THE MORNING OF TRIAL

Trans Health Management, Inc. v. Webb, ___ So. 3d ___, 38 Fla. L. Weekly D2585 (Fla. 1st DCA December 10, 2013)

The plaintiff sued twenty-one defendants based upon his alleged mistreatment in a nursing home.  One of the defendants retained counsel to defend itself and a related corporation, but this defendant was placed in receivership in Maryland.  When a … Click To Read Full Case Law Review...

APPEALS: PROFESSIONAL RESPONSIBILITY: APPELLATE LAWYER HAS PROFESSIONAL RESPONSIBILITY TO WITHDRAW MOTION WHEN ITS LACK OF MERIT IS MADE CLEAR

Lopez v. State Farm Florida Insurance Company, ___ So. 3d ___, 37 Fla. L. Weekly D1728 (Fla. 5th DCA July 20, 2012)

The appellant moved to strike the appellee’s answer brief as untimely.  The appellee responded that the brief was timely because (1) the initial brief was served by mail, adding five days to the deadline, and (2) a … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: LACK OF INDORSEMENT: ASSIGNMENT; CIVIL PROCEDURE: RELIEF FROM JUDGMENT: FAILURE TO RAISE LACK OF STANDING AS AFFIRMATIVE DEFENSE; PROFESSIONAL RESPONSIBILITY: DISCIPLINARY ACTION: FALSE INDORSEMENT ON COPY OF NOTE

Miller v. Kondaur Capital Corporation, ___ So. 3d ___, 37 Fla. L. Weekly D1444 (Fla. 4th DCA June 20, 2012)

The defendant could not seek relief from final judgment of foreclosure, based upon the plaintiff’s lack of standing, because the defendant did not plead lack of standing as an affirmative defense.  In any event, the plaintiff possessed standing through … Click To Read Full Case Law Review...

FAMILY LAW: CIVIL PROCEDURE: DISCOVERY OF NON-PARTY FINANCIAL RECORDS: PRODUCTION OF UNREDACTED JOINT TAX RETURNS OF FORMER WIFE AND CURRENT HUSBAND; EVIDENCE: PROFESSIONAL RESPONSIBILITY: UNSWORN FACTUAL REPRESENTATIONS OF LAWYER ARE NOT EVIDENCE; APPEALS: CERTIORARI: ORDER COMPELLING PRODUCTION OF DOCUMENTS BY NONPARTY

Rowe v. Rodriguez-Schmidt, ___ So. 3d ___, 37 Fla. L. Weekly D1373 (Fla. 2d DCA June 13, 2012)

The trial court granted the former husband’s motion to compel the former wife to produce unredacted joint tax returns with her current husband, but the appellate court granted the former wife’s petition for certiorari and quashed the order.  “An order compelling the … Click To Read Full Case Law Review...