CIVIL PROCEDURE: CLASS ACTIONS: JUDGMENTS: AMENDMENT: RELIEF FROM JUDGMENT: FRAUD: TIMELINESS: TRIAL COURT LACKED JURISDICTION TO AMEND JUDGMENT TEN YEARS AFTER IT WAS ENTERED: ALTHOUGH TRIAL COURT RETAINED JURISDICTION TO ENFORCE JUDGMENT, AMENDMENT MODIFIED, RATHER THAN ENFORCED, JUDGMENT

Juno Ocean Walk Condominium Association, Inc. v. The North County Company, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D344 (Fla. 4th DCA February 4, 2015)

Ten years after a condominium unit owner opted out of a class action settlement with the developer, the class representative and the unit owner filed a motion to amend judgment to include … Click To Read Full Case Law Review...

APPEALS: TIMELINESS

Cuadrado v. Maldonado, ___ So. 3d ___, 38 Fla. L. Weekly D2662 (Fla. 3d DCA December 18, 2013)

A notice of appeal filed thirty-five days after the entry of summary judgment was untimely.  A notice of appeal must be filed within thirty days of rendition of the order from which the appeal is taken.  “[L]ate filing is a defect no … Click To Read Full Case Law Review...

CIVIL PROCEDURE: PERSONAL JURISDICTION: BREACH OF CONTRACT: CLIENT’S FAILURE TO PAY LAW FIRM RETAINED IN FLORIDA: TORTIOUS INTERFERENCE WITH CONTRACT: PERSUADING CLIENT IN NEW YORK TO DISCHARGE LAW FIRM RETAINED IN FLORIDA: VENUE: NONRESIDENT MAY BE SUED IN ANY COUNTY: APPEALS: TIMELINESS: DISMISSAL FOR IMPROPER VENUE IS A FINAL, APPEALABLE ORDER: TIMELY MOTION FOR REHEARING SUSPENDS RENDITION OF ORDER OF DISMISSAL BASED ON IMPROPER VENUE

Metnick & Levy, P.A. v. Seuling, ___ So. 3d ___, 38 Fla. L. Weekly D2082 (Fla. 4th DCA October 2, 2013)

A New York resident, injured by a drunk driver in Vermont, retained a law firm in Florida to represent her.   After the law firm settled the case for the tortfeasor’s policy limits, the client retained a lawyer in … Click To Read Full Case Law Review...

APPEALS: PETITION FOR CERTIORARI: TIMELINESS: ORDER CLARIFYING DISCOVERY DEADLINE WAS NON-FINAL: MOTION FOR RECONSIDERATION DOES NOT SUSPEND RENDITION OF NON-FINAL ORDER: PETITION FOR CERTIORARI FILED THIRTY-FIVE DAYS AFTER RENDITION IS UNTIMELY: PARTY WAS NOT ENTITLED TO AN ADDITIONAL FIVE DAYS TO FILE PETITION FOR CERTIORARI BECAUSE ORDER WAS EMAILED

Miccosukee Tribe of Indians of Florida v. Lewis, ___ So. 3d ___, 38 Fla. L. Weekly D2088 (Fla. 3d DCA October 2, 2013)

The petitioner filed a petition for certiorari after the trial court denied its motion for reconsideration from an order clarifying a discovery deadline.  The appellate court dismissed the petition as untimely because it was filed thirty-five days … Click To Read Full Case Law Review...

APPEALS: TIMELINESS: APPELLATE COURT MAY NOT GRANT BELATED APPEAL IN A CIVIL PROCEEDING

Green v. Department of Corrections, ___ So. 3d ___, 38 Fla. L. Weekly D2090 (Fla. 1st DCA October 2, 2013)

An appellate court may not “grant a belated appeal in a civil proceeding,” but the appellant may seek relief in the trial court.… Click To Read Full Case Law Review...