Subject Matter Index
Civil Law
Volume 35, Issues 1 - Current
January 8, 2010 - Present
ABORTION
Minors--Parental notification--Judicial waiver 2DCA 1230a
ADMINISTRATIVE LAW
Agency for Health Care Administration--Contracts--Competitive bidding--Exemptions--Contract for health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration--Factual issue 1DCA 227b
Agency for Health Care Administration--Medicaid--Medicaid Third-Party Liability Act--Medical malpractice settlement--Lien amount not exceeding fifty percent of settlement amount--Full satisfaction of lien 2DCA 118a
Agency for Persons with Disabilities--Involuntary admission to residential services--Person who is likely to physically injure others if allowed to remain at liberty--Sufficiency of evidence 2DCA 423b
Agency for Persons with Disabilities--Involuntary commitment to Mentally Retarded Defendant Program of criminal defendant found incompetent to proceed--Agency authority to determine eligibility 1DCA 1368b
Agency for Persons with Disabilities--Medicaid Waiver Program--Reduction of services previously provided 3DCA 257a
Appeals--Final/non-final orders--Lower tribunal's consideration of exceptions to recommended order 1DCA 592c
Appeals--Standing 1DCA 1386b
Appeals--Timeliness--Date original notice of appeal was filed with clerk of lower tribunal 1DCA 685a
Appeals--Timeliness--Holiday period in which agency clerk's office and office of clerk of district court of appeal were closed at different times 1DCA 685a
Appeals--Timeliness--Notice of appeal filed with agency clerk more than thirty days after rendering of final agency order 1DCA 443d
Attorney's fees--Equal Access to Justice Act--Evidentiary hearing 2DCA 985a
Birth-Related Neurological Injury Compensation Plan--Breach of settlement agreement by NICA--Refusal to execute documents necessary for structured settlement--Obligation to execute documents--Factual issue 2DCA 493a
Birth-Related Neurological Injury Compensation Plan--Damages--Parental compensation--Statutory cap--Single award not exceeding $100,000 5DCA 1350b
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Action against both NICA participants and non-participants--Election of remedies 4DCA 780a
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Action against both NICA participants and non-participants--Injury caused by nonparticipant not occurring during "labor, delivery, or immediate postdelivery resuscitation"--Factual issue 4DCA 780a
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided by physician but not by hospital SCO 40a
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided during prior pregnancy 2DCA 903b
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Practicality--Preregistration 2DCA 903b
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Requirement that both participating physicians and hospitals with participating physicians on staff provide notice SCO 40a
Birth-Related Neurological Injury Compensation Plan--Participating physician--Nurse midwife who did not have written prearranged plan of treatment 2DCA 40a; 2DCA 903b
Board of Administration--Retirement--Florida Retirement System Investment Plan--Losses occurring during three-month waiting period between retirement date and eligibility for distribution--Reimbursement of retiree--Retiree's knowledge of ability to manage account during waiting period 1DCA 591b
Contracts--Competitive bidding--Exemptions--Contract for health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration--Factual issue 1DCA 227b
Department of Financial Services--Workers' compensation--Stop work orders--Reinstatement--Hearing 1DCA 592d
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Revocation--Certiorari review by circuit court--Order to show cause--Failure of Department to respond--Order to show cause not served on Department 4DCA 569b
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Refusal to submit to breath test--Lawfulness of arrest--Determination by hearing officer--Absence--Remand to hearing officer 5DCA 850a
Department of Highway Safety and Motor Vehicles--Motor vehicle dealers--Discontinuance or modification of franchise agreement--Manufacturer's intent to discontinue manufacturing heavy truck line-make--Hearing 1DCA 1278a
Department of Management Services--Retirement--Change in status from early service retirement to in-line-of-duty disability retirement--Denial--Retirement benefits already paid out 5DCA 421a
Department of Management Services--Retirement--Change in status from early service retirement to in-line-of-duty disability retirement--Denial--Retirement benefits already paid out--Estoppel--Statements by agency's representative that employee could apply for regular service retirement while securing further documentation to support disability claim 5DCA 421a
Department of Management Services--Retirement--In-line-of-duty disability benefits--Causation of disability 1DCA 1013b
Department of Revenue--Sales and use tax--Exemptions--Absence of Standard Industry Code classification that would qualify taxpayer for exemption--Dismissal of claim for refund 1DCA 966a
Division of Pari-Mutuel Wagering--Permits--Quarter horse racing--Challenge--Standing--Kennel club 5DCA 918a
Division of Pari-Mutuel Wagering--Permits--Quarter horse racing--Hearing--Standing--Operators of other types of pari-mutuel facilities 1DCA 170a
Division of Pari-Mutuel Wagering--Quarter horse racing--Permits--Challenge--Standing--Kennel club 5DCA 918a
Division of Pari-Mutuel Wagering--Quarter horse racing--Permits--Hearing--Standing--Operators of other types of pari-mutuel facilities 1DCA 170a
Division of Retirement--Forfeiture of benefits--Breach of public trust--Commission of felony--"Specified offense"--Offense involving misuse of power of office to gain personal benefit 1DCA 859a
Division of Workers' Compensation--Orders--Employer's failure to comply--Penalties--Appeals--Timeliness--Date original notice of appeal was filed with clerk of lower tribunal 1DCA 685a
Division of Workers' Compensation--Orders--Employer's failure to comply--Penalties--Appeals--Timeliness--Holiday period in which agency clerk's office and office of clerk of district court of appeal were closed at different times 1DCA 685a
Environmental protection--Pollution--Cleanup--Ability of responsible party to pay--Relevance--Administrative proceedings under section 403.121(2) 1DCA 1393b
Hearings--Child support--Formal hearing--Denial--Untimely request--Notice of time limits 4DCA 7b
Hearings--Child support--Formal hearing--Timeliness of request--Extension of period--Equitable considerations 4DCA 7b
Hearings--Untimely petition for hearing--Excusable neglect 5DCA 805a
Licensing--Driver's license--Revocation--Certiorari review by circuit court--Order to show cause--Failure of Department of Highway Safety and Motor Vehicles to respond--Order to show cause not served on Department 4DCA 569b
Licensing--Driver's license--Suspension--Refusal to submit to breath test--Lawfulness of arrest--Determination by hearing officer--Absence--Remand to hearing officer 5DCA 850a
Licensing--Life and health insurance agent--Suspension--Hearing--Untimely petition for hearing--Excusable neglect 5DCA 805a
Medicaid--Medicaid Third-Party Liability Act--Medical malpractice settlement--Lien amount not exceeding fifty percent of settlement amount--Full satisfaction of lien 2DCA 118a
Medicaid--Medicaid Waiver Program--Reduction of services previously provided 3DCA 257a
Office of Insurance Regulation--Public records--Exemptions--Work papers and trade secrets submitted to Office of Insurance Regulation in course of regulatory investigation--Statutory amendment placing time limitation on exempt and confidential status--Retroactive application 1DCA 383a
Office of Insurance Regulation--Rules--Unpromulgated rules--Viatical settlement providers--Documents, policies, and procedures used in examination of providers 1DCA 1276a
Office of Insurance Regulation--Rules--Viatical settlement providers--Documentation of changes to provider's method of operation in annual report 1DCA 814b
Orders--Rendition--Filing with clerk--Mandamus 1DCA 107c
Public employees--Retirement--Change in status from early service retirement to in-line-of-duty disability retirement--Denial--Retirement benefits already paid out 5DCA 421a
Public employees--Retirement--Change in status from early service retirement to in-line-of-duty disability retirement--Denial--Retirement benefits already paid out--Estoppel--Statements by agency's representative that employee could apply for regular service retirement while securing further documentation to support disability claim 5DCA 421a
Public employees--Retirement--Florida Retirement System Investment Plan--Losses occurring during three-month waiting period between retirement date and eligibility for distribution--Reimbursement of retiree--Retiree's knowledge of ability to manage account during waiting period 1DCA 591b
Public employees--Retirement--In-line-of-duty disability benefits--Causation of disability 1DCA 1013b
Public employees--Retirement--In-line-of-duty disability benefits--Total and permanent disability--Non-vested employee 5DCA 74a
Public Employees Relations Commission--Employee's action against union--Dismissal--Failure to file grievance 3DCA 961a
Public Employees Relations Commission--Employee's action against union--Placement at bottom of seniority list in violation of collective bargaining agreement--Dismissal of charges 3DCA 961a
Public officials--Breach of public trust--Commission of felony--"Specified offense"--Offense involving misuse of power of office to gain personal benefit 1DCA 859a
Public officials--Retirement--Forfeiture--Breach of public trust--Commission of felony--"Specified offense"--Offense involving misuse of power of office to gain personal benefit 1DCA 859a
Public Service Commission--Electric utilities--Ratemaking--Discovery--Proprietary confidential business information--Employee compensation 1DCA 516a
Public utilities--Electric--Ratemaking--Discovery--Proprietary confidential business information--Employee compensation 1DCA 516a
Rules--Office of Insurance Regulation--Unpromulgated rules--Viatical settlement providers--Documents, policies, and procedures used in examination of providers 1DCA 1276a
Rules--Office of Insurance Regulation--Viatical settlement providers--Documentation of changes to provider's method of operation in annual report 1DCA 814b
Rules--Unpromulgated rules--Office of Insurance Regulation--Viatical settlement providers--Documents, policies, and procedures used in examination of providers 1DCA 1276a
School boards--Employees--Dismissal--Hearing--Order recommending that charges be dismissed--Failure to provide remedy of reinstatement with back pay 3DCA 189c
School boards--Employees--Dismissal--Hearing--Recommended order--Exceptions--Failure to address 3DCA 189c
Unemployment compensation--see, UNEMPLOYMENT COMPENSATION
ADOPTION
Consent of natural parent--Unmarried biological father--Compliance with statutory requirements--Necessity--Marriage to mother prior to judicial termination of parental rights 1DCA 1009a
Stepparent--Termination of parental rights--Biological father--Abandonment--Incarcerated parent--Evaluation under wrong statute--Harmless error 4DCA 127b
Termination of parental rights--Biological father--Abandonment--Incarcerated parent--Evaluation under wrong statute--Harmless error 4DCA 127b
APPEALS
Administrative--Final/non-final orders--Lower tribunal's consideration of exceptions to recommended order 1DCA 592c
Administrative--Timeliness--Date original notice of appeal was filed with clerk of lower tribunal 1DCA 685a
Administrative--Timeliness--Holiday period in which agency clerk's office and office of clerk of district court of appeal were closed at different times 1DCA 685a
Administrative--Timeliness--Notice of appeal filed with agency clerk more than thirty days after rendering of final agency order 1DCA 443d
Administrative proceedings--Standing 1DCA 1386b
Argument--Preservation of issue SCO 137a
Attorney's fees--Appellate--Appeal concerning amount of temporary attorney's fees awarded in dissolution of marriage action 2DCA 1045a
Attorney's fees--Appellate--Appeal from non-appealable workers' compensation order 1DCA 1100b
Attorney's fees--Appellate--Timeliness of appeal--Tolling of period--Motion for rehearing 2DCA 1226a
Attorney's fees--Findings--Absence--Harmless error--Absence of transcript 2DCA 46a
Attorney's fees--Jurisdiction--Notice of appeal filed prior to fee hearing 4DCA 671a
Attorney's fees--Order awarding fees in uninsured motorist coverage action contingent upon finding insurer liable on amended claim of bad faith 5DCA 624b
Attorney's fees--Premature appeal--Award of fees without determination of amount 2DCA 177a; 2DCA 586a; 2DCA 1213a
Certiorari--Circumvention of rules mandating compliance with time period limitations imposed for filing of notices of appeal 3DCA 200b
Certiorari--Discovery orders--Non-party--Confidential records--Hearing 4DCA 58a
Certiorari--Discovery orders--Non-party--Confidential records--Privilege log--Necessity 4DCA 58a
Certiorari--Discovery orders--Requirement that records be produced without prepayment of reasonable charges 5DCA 484a
Certiorari--Irreparable harm--Wrongful death--Product liability--Aircraft--Denial of motion for summary judgment based on claim that action is barred by statute of repose 1DCA 541a
Certiorari--Order granting stay 3DCA 256c
Child custody--Modification--Order denying motion to temporarily halt visitation 5DCA 986a
Child support--Modification--Amount of child support not established 1DCA 314b
Contempt--Indirect criminal--Jurisdiction--Contempt arising from felony proceeding in circuit court--Misdemeanor case number assigned by clerk 4DCA 884a
Counsel--Notice of appearance--Electronic filing--Administrative order 1DCA 671b
Criminal--see, CRIMINAL LAW--Appeals
Default--Vacation--Gross abuse of discretion--Absence of undeniable provocation to reverse order vacating default 4DCA 10d
Default--Vacation--Standard of review 4DCA 156a
Dependent children--Standing--Grandparent--Nonparty 4DCA 1068a
Dependent children--Termination of parental rights--Child placed in out-of-home care on three or more occasions--Retroactive application of statute--Preservation of issue 1DCA 818d
Dependent children--Termination of parental rights--Threat to child's life, safety, or health as result of continued parent-child relationship--Sufficiency of evidence--Preservation of issue 1DCA 818d
Discovery orders--Non-party--Confidential records--Hearing 4DCA 58a
Discovery orders--Non-party--Confidential records--Privilege log--Necessity 4DCA 58a
Discovery orders--Requirement that records be produced without prepayment of reasonable charges--Certiorari 5DCA 484a
Dissolution of marriage--Attorney's fees--Non-final, incomplete, and unclear order 4DCA 554a
Dissolution of marriage--Attorney's fees--Premature appeal--Award of fees without determination of amount 2DCA 1213a
Dissolution of marriage--Non-final orders--Reservation of jurisdiction to determine which item of husband's property would be subject to lien to secure wife's alimony 4DCA 333a
Dissolution of marriage--Temporary attorney's fees--Appeal concerning amount of temporary fees awarded by trial court--Appellate attorney's fees 2DCA 1045a
Dissolution of marriage--Transcript--Absence 2DCA 319a
Dissolution of marriage--Transcript--Absence--Error apparent on face of order--Award of attorney's fees without requisite findings 2DCA 537a
Docketing statement--Electronic filing--Administrative order 1DCA 671b
Electronic filing--Docketing statement/Notice of appearance of counsel--Administrative order 1DCA 671b
Intervention--Denial of motion--Certiorari/plenary appeal 5DCA 1106a
Juveniles--Costs--Crimes Compensation Trust Fund--Failure to assess--Preservation of issue 4DCA 877c
Juveniles--Non-final orders--Order deferring payment of court costs 5DCA 75c
Law of the case--Contempt--Dissolution of marriage--Failure to make support payments--Determination that payments labeled "equitable distribution" in final judgment of dissolution of marriage were really meant as support--Reconsideration by successor judge presiding over contempt proceedings 4DCA 553a
Law of the case--Exceptions--Manifest injustice 4DCA 553a
Law of the case--Relief from judgment--Appellate court's denial of motion to relinquish jurisdiction to allow trial court to rule on rule 1.540 motion 5DCA 1255a
Mandate--Stay--Resolution of notice to invoke discretionary jurisdiction filed with Florida Supreme Court--Denial of stay--Absence of likelihood that Court will accept jurisdiction 3DCA 205a
Marchman Act commitment--Extension of time for completion of assessment and stabilization--Mootness 3DCA 1240c
Mootness--Marchman Act commitment--Extension of time for completion of assessment and stabilization 3DCA 1240c
Mortgage foreclosure--Cross-claim by second mortgagee--Mortgage and note not attached to cross-claim--Issue first raised 4DCA 752a
Mortgage foreclosure--Limitation of actions--Preservation of issue 4DCA 752a
Mortgage foreclosure--Sale--Vacation--Denial of motion--Premature appeal--Motion stamped "denied" with judge's signature affixed--Order not filed with clerk of court 5DCA 1136c
Mortgage foreclosure--Summary judgment--Compulsory counterclaim pending 5DCA 1266a
Non-final orders--Child custody--Modification--Order denying motion to temporarily halt visitation 5DCA 986a
Non-final orders--Dissolution of marriage--Reservation of jurisdiction to determine which item of husband's property would be subject to lien to secure wife's alimony 4DCA 333a
Non-final orders--Inextricably intertwined matters pending in lower tribunal 1DCA 688a
Non-final orders--Order denying motion for leave to amend complaint to add claim 2DCA 1038a
Non-final orders--Order denying motion to dismiss 3DCA 772b
Non-final orders--Order granting motion for summary judgment 3DCA 31c
Non-final orders--Order granting stay--Certiorari 3DCA 256c
Non-final orders--Order not filed with clerk of court 5DCA 1136c
Non-final orders--Workers' compensation--Order generally awarding indemnity benefits without specifying the type of benefits awarded 1DCA 1275a
Non-final orders--Workers' compensation--Order reserving jurisdiction on ripe issue of medical benefits 1DCA 1275b
Premature--Interrelated counterclaim pending 1DCA 1164b
Premature--Mortgage foreclosure--Sale--Vacation--Denial of motion--Motion stamped "denied" with judge's signature affixed--Order not filed with clerk of court 5DCA 1136c
Record--Adequate record unavailable and incapable of being recreated--New trial 2DCA 163a
Rules of procedure--Amendment--Contents of motion--Response SCO 367a
Rules of procedure--Amendment--Costs and attorney's fees SCO 367a
Rules of procedure--Amendment--Sanctions SCO 367a
Sexually violent predators--Civil commitment--Failure to hold trial within thirty days of probable cause finding--Preservation of issue 1DCA 1389a
Standing 1DCA 1386b
Summary judgment--Order granting motion for summary judgment 3DCA 31c
Timeliness--Date of filing notice of appeal--Clerk's date stamp--Erroneous date stamp 5DCA 577a; 4DCA 942b
Timeliness--Tolling of period--Motion for rehearing--Order awarding appellate attorney's fees 2DCA 1226a
Timeliness--Tolling of period--Motion for rehearing--Unauthorized motion 1DCA 314b
Timeliness--Tolling of period--Untimely motion for rehearing 5DCA 74b
Timeliness--Unemployment compensation 3DCA 570b
Timeliness--Unemployment compensation--Confusion 3DCA 24a
Timeliness--Unemployment compensation--Confusion--Confusion occasioned by action of Agency for Workforce Innovation's Office of Appeals 3DCA 406b
Timeliness--Unemployment compensation--Delay caused by actions of agency 5DCA 989c
Timeliness--Unemployment compensation--Determination notice finding claimant not entitled to benefits 3DCA 1188a
Timeliness--Unemployment compensation--Extension of period--Good cause 3DCA 192a
Timeliness--Unemployment compensation--Order not received until after expiration of time for filing notice of appeal 1DCA 1029a
Timeliness--Workers' compensation 1DCA 544b; 1DCA 1275c
Torts--Workers' compensation immunity--Longshore and Harbor Workers' Compensation Act--Denial of summary judgment on workers' compensation immunity defense 2DCA 1357a
Transcript--Absence 2DCA 319a
Transcript--Absence--Affirmance of lower court ruling--Error apparent on face of judgment 2DCA 46a
Transcript--Absence--Error apparent on face of order--Award of attorney's fees without requisite findings 2DCA 537a
Unemployment compensation--Determination notice finding claimant not entitled to benefits--Timeliness of appeal 3DCA 1188a
Unemployment compensation--Jurisdiction--Referee deciding case at location outside boundaries of district court 2DCA 1109a
Unemployment compensation--Timeliness of appeal 3DCA 570b
Unemployment compensation--Timeliness of appeal--Confusion 3DCA 24a
Unemployment compensation--Timeliness of appeal--Confusion--Confusion occasioned by action of Agency for Workforce Innovation's Office of Appeals 3DCA 406b
Unemployment compensation--Timeliness of appeal--Delay caused by actions of agency 5DCA 989c
Unemployment compensation--Timeliness of appeal--Extension of period--Good cause 3DCA 192a
Unemployment compensation--Timeliness of appeal--Order not received until after expiration of time for filing notice of appeal 1DCA 1029a
Verdicts--Inconsistencies--Preservation of error 3DCA 1307a
Workers' compensation 1DCA 1382a
Workers' compensation--Appeal from non-appealable order--Attorney's fees 1DCA 1100b
Workers' compensation--Attorney's fees--Order determining entitlement to attorney's fees but reserving jurisdiction to determine amount of fee 1DCA 930c
Workers' compensation--Dismissal of petition for benefits without evidentiary hearing--Preservation of issue 1DCA 273a
Workers' compensation--Non-final orders--Order generally awarding indemnity benefits without specifying the type of benefits awarded 1DCA 1275a
Workers' compensation--Non-final orders--Order reserving jurisdiction on ripe issue of medical benefits 1DCA 1275b
Workers' compensation--Order dismissing petition for benefits without prejudice--Limitations period to amend petition not yet expired 1DCA 931c
Workers' compensation--Summary disposition 1DCA 414b
Workers' compensation--Timeliness of appeal 1DCA 544b; 1DCA 1275c
ARBITRATION
Absence of arbitration clause 3DCA 295b
Addition of claims after court has compelled arbitration of original claim 3DCA 469c
Arbitrable issues--Contracts--Franchise agreement--Noncompetition covenant--Termination of franchise for failure to cure breaches relating to operating competing businesses--Intent to arbitrate issue 4DCA 999a
Arbitrable issues--Injuries suffered from mold exposure caused by negligent design and construction of home--Arbitration provision in construction contract mandating arbitration of claims of defects in home and claims for personal injuries 4DCA 245a
Arbitrable issues--Limitation of actions 4DCA 3b
Attorney's fees--Prevailing party in trial de novo after court-ordered non-binding arbitration--Liability of plaintiff who had been voluntarily dismissed pursuant to pretrial stipulation--Stipulated dismissal also providing that parties would bear their own attorney's fees and costs 4DCA 250a
Construction contract--Injuries suffered from mold exposure caused by negligent design and construction of home--Arbitration provision in construction contract mandating arbitration of claims of defects in home and claims for personal injuries 4DCA 245a
Contracts--Franchise agreement--Noncompetition covenant--Arbitrable issues 4DCA 999a
Contracts--Franchise agreement--Noncompetition covenant--Termination of franchise for failure to cure breaches relating to operating competing businesses--Intent to arbitrate issue 4DCA 999a
Deceptive and unfair trade practices 3DCA 469c
Enforceability of arbitration clause--Class action waiver provision 3DCA 469c
Enforceability of arbitration clause--Failure to designate rules which would govern arbitration 4DCA 3b
Enforceability of arbitration clause--Non-signatory to agreement containing arbitration clause--Equitable estoppel--Complaint alleging conspiracy among signatory defendant and non-signatory defendants 3DCA 458a
Enforceability of arbitration clause--Nursing homes--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Enforceability of arbitration clause--Nursing homes--Agreement signed by resident's wife and attorney-in-fact--Unconscionability--Evidentiary hearing 2DCA 1262a
Enforceability of arbitration clause--Nursing homes--Capacity of resident to enter contracts--Evidentiary hearing 2DCA 1148a
Enforceability of arbitration clause--Nursing homes--Limitation of remedies provided under Nursing Home Residents Act 2DCA 1262a
Enforceability of arbitration clause--Nursing homes--Unconscionability--Evidentiary hearing 2DCA 1262a
Enforceability of arbitration clause--Provision contained in home warranty that was expressly incorporated into contract executed by parties 2DCA 372a
Enforceability of arbitration clause--Unconscionability--Evidentiary hearing 4DCA 568a
Enforceability of arbitration clause--Unconscionability--Procedural--Absence of disparity between parties' education, age, or competency 4DCA 3b
Enforceability of arbitration clause--Unconscionability--Procedural--Commercial transaction between sophisticated parties 4DCA 3b
Investment advisor--Mismanagement of account opened with Swiss bank--Documents relating to account not containing arbitration clause 3DCA 295b
Nexus between claims and agreement containing arbitration clause 3DCA 458a
Non-binding--Attorney's fees--Prevailing party in trial de novo after court-ordered non-binding arbitration--Liability of plaintiff who had been voluntarily dismissed pursuant to pretrial stipulation--Stipulated dismissal also providing that parties would bear their own attorney's fees and costs 4DCA 250a
Non-neutral arbitrator 2DCA 114a
Non-signatory to agreement containing arbitration clause--Enforcement of arbitration clause by non-signatory--Complaint alleging conspiracy among signatory defendant and non-signatory defendants 3DCA 458a
Non-signatory to agreement containing arbitration clause--Enforcement of arbitration clause by non-signatory--Equitable estoppel 3DCA 458a
Nursing homes--Enforceability of arbitration clause--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Nursing homes--Enforceability of arbitration clause--Agreement signed by resident's wife and attorney-in-fact--Unconscionability--Evidentiary hearing 2DCA 1262a
Nursing homes--Enforceability of arbitration clause--Capacity of resident to enter contracts--Evidentiary hearing 2DCA 1148a
Nursing homes--Enforceability of arbitration clause--Limitation of remedies provided under Nursing Home Residents Act 2DCA 1262a
Nursing homes--Enforceability of arbitration clause--Unconscionability--Evidentiary hearing 2DCA 1262a
Obligation to arbitrate--Ruling on whether party is required to proceed to arbitration--Mandamus 3DCA 999b
Validity of contract containing arbitration clause--Evidentiary hearing 5DCA 101a
Waiver--Agreement of parties--Rescission of agreement--Misunderstanding as to scope of waiver 3DCA 53a
ATTORNEYS
Basic skills course requirements--Amendments to Florida Bar rules SCO 83a
Contempt--Indirect criminal--Improper contact with criminal trial juror, including false representations regarding authority to interview juror and obtain medical records to support juror's excusal for medical condition 1DCA 1161b
Discipline--Acts prejudicial to administration of justice--Suspension SCO 30a
Discipline--Advertising--Improper use of term "expert"--Public reprimand SCO 278a
Discipline--Conduct involving dishonesty, fraud, deceit, or misrepresentation--Suspension SCO 30a; SCO 333a
Discipline--Conflict of interest--Suspension SCO 333a
Discipline--Evidence--Facts found by bankruptcy court SCO 30a
Discipline--False statement of material fact or law to third person in course of representing client--Suspension SCO 30a
Discipline--False statement of material fact to tribunal--Suspension SCO 30a
Discipline--Misrepresentations to client--Suspension SCO 333a
Discipline--Representation of client when attorney's exercise of independent professional judgment might be materially limited by his own interest SCO 30a
Discipline--Responsibilities regarding nonlawyer assistants--Allowing nonlawyer not employed, supervised, or controlled by attorney to have signatory authority over escrow account from which nonlawyer misappropriated client funds SCO 337a
Discipline--Suspended attorney holding herself out as member in good standing of Florida Bar--Disbarment SCO 142a
Disqualification--Concurrent representation 1DCA 149b
Disqualification--Criminal defense counsel--Conflict of interest--Prior representation of prosecution witness--Waiver of conflict SCO 169a
Disqualification--Criminal defense counsel--Former assistant statewide prosecutor who was in charge of investigative unit from which defendant's prosecution arose 4DCA 455a
Disqualification--Criminal defense counsel--Prior employment with public defender's office, which had disqualified itself from case SCO 169a
Disqualification--Material protected by attorney-client privilege--Receipt, review and use of opposing party's USB flash drive which contained privileged material and which was illegally obtained by client without knowledge or consent of opponent 5DCA 260a
Disqualification--Material protected by opponent's attorney-client privilege--Dissolution of marriage--Wife's disclosure to counsel of e-mail from husband to his attorney--Factual issues regarding husband's waiver of privilege, unfair advantage, or inequitable conduct 4DCA 192c
Disqualification--Prior representation of principal of plaintiff LLC in unrelated matters 3DCA 547a
Fees--Charging lien--Homestead--Insurance proceeds for damage to homestead property 3DCA 767a
Fees--Charging lien--Prejudgment interest--Rate 2DCA 1228a
Fees--Charging lien--Premature lien 4DCA 552a
Fees--Charging lien--Settlement proceeds from consolidated suits on promissory notes--Attorney who contracted to remove causes of action on promissory notes from bankruptcy court jurisdiction in exchange for percentage of any ultimate recovery on those notes--Calculation--Gross/net proceeds 2DCA 1228a
Fees--Charging lien--Summary proceeding--Jurisdiction--Non-residents--Failure to plead facts to subject foreign law firm to personal jurisdiction 2DCA 580a
Fees--Contingency fee agreement--Provision for attorney to be paid 33 1/3 percent of any recovery through time of filing of answer--No answer filed before settlement 1DCA 169a
Fees--Retaining lien--Contingency fee arrangement--Contingency not having occurred 3DCA 738b
Malpractice--Negligent failure to exclude from asset purchase agreement a recently purchased jet aircraft--Plaintiff having remedy of reformation of asset purchase agreement 3DCA 644a
Notice of appearance--District court--Electronic filing--Administrative order 1DCA 671b
State Attorney's office--Disqualification--Criminal prosecution--Monitoring of county jail telephone calls between defendant and counsel SCO 169a
Torts--Immunity--Litigation immunity--Filing of notice of lis pendens 3DCA 603a
Torts--Interference with business relationship or contract--Filing of notice of lis pendens--Litigation privilege 3DCA 603a
Unauthorized practice of law--Civil action to recover damages caused by unauthorized practice of law--Prerequisite to suit--Florida Supreme Court ruling that conduct at issue constitutes unauthorized practice of law SCO 260a
Unauthorized practice of law--Civil action to recover damages caused by unauthorized practice of law--Standing SCO 260a
ATTORNEY'S FEES
Absence of statutory or contractual basis for award 4DCA 1235a
Administrative proceedings--Equal Access to Justice Act--Evidentiary hearing 2DCA 985a
Amendment of answer to assert claim for attorney's fees 3DCA 252a
Appeals--Jurisdiction--Notice of appeal filed prior to fee hearing 4DCA 671a
Appeals--Order awarding fees in uninsured motorist coverage action contingent upon finding insurer liable on amended claim of bad faith 5DCA 624b
Appeals--Premature appeal--Award of fees without determination of amount 2DCA 177a; 2DCA 586a
Appellate--Amount--Reduction of amount agreed to by both experts 2DCA 1226a
Appellate--Appeals--Timeliness--Tolling of period--Motion for rehearing 2DCA 1226a
Appellate--Dissolution of marriage--Appeal concerning amount of temporary attorney's fees awarded by trial court 2DCA 1045a
Appellate--Expert witness fees 2DCA 1226a
Appellate--Insurance--Bad faith--Appeal not from bad faith action 5DCA 624b
Appellate--Joint and several liability 2DCA 1032c
Appellate--Justiciable issues--Claim or defense not supported by material facts or applicable law--Motion for rehearing or clarification raising issues that were raised in initial brief and addressed during oral argument 1DCA 689b
Appellate--Offer of judgment--Judgment not rising to level necessary for award of fees 5DCA 624b
Appellate--Reasonable and necessary fees--Expert testimony 2DCA 1032c
Appellate--Workers' compensation--Appeal from non-appealable order 1DCA 1100b
Appellate court reversal of underlying judgment 4DCA 4a
Appointed counsel--Dependent children--Parent's counsel--Payment of fees by Justice Administrative Commission--Improper appointment--Parent voluntarily surrendering rights to child 2DCA 975a
Appointed counsel--Dependent children--Parent's counsel--Payment of fees by Justice Administrative Commission--Parent failing to appear 5DCA 362a; 5DCA 991b
Appointed counsel--Payment of fees by Justice Administrative Commission--Failure to serve Commission with fee motion 1DCA 105a
Appointed counsel--Payment of fees by Justice Administrative Commission--Hearing--Failure to conduct 1DCA 105a
Appointed counsel--Payment of fees by Justice Administrative Commission--Improper appointment--Representation of parent during termination of parental rights proceedings--Parent voluntarily surrendering rights to child 2DCA 975a
Arbitration--Non-binding--Prevailing party in trial de novo after court-ordered non-binding arbitration--Liability of plaintiff who had been voluntarily dismissed pursuant to pretrial stipulation--Stipulated dismissal also providing that parties would bear their own attorney's fees and costs 4DCA 250a
Charging lien--Homestead--Insurance proceeds for damage to homestead property 3DCA 767a
Charging lien--Prejudgment interest--Rate 2DCA 1228a
Charging lien--Premature lien 4DCA 552a
Charging lien--Settlement proceeds from consolidated suits on promissory notes--Attorney who contracted to remove causes of action on promissory notes from bankruptcy court jurisdiction in exchange for percentage of any ultimate recovery on those notes--Calculation--Gross/net proceeds 2DCA 1228a
Charging lien--Summary proceeding--Jurisdiction--Non-residents--Failure to plead facts to subject foreign law firm to personal jurisdiction 2DCA 580a
Consumer law--Motor vehicle dealers--Consumer prevailing in action against surety on motor vehicle dealer bond--Applicable statute 5DCA 1348a
Contingency fee agreement--Provision for attorney to be paid 33 1/3 percent of any recovery through time of filing of answer--No answer filed before settlement 1DCA 169a
Contracts--Prevailing party--Provision for award of fees to party who is required to take any action to enforce contract 3DCA 647b
Dependent children--Appointed counsel--Parent--Payment of fees by Justice Administrative Commission--Improper appointment--Parent voluntarily surrendering rights to child 2DCA 975a
Dependent children--Appointed counsel--Parent--Payment of fees by Justice Administrative Commission--Parent failing to appear 5DCA 362a; 5DCA 991b
Dependent children--Termination of parental rights--Appointed counsel--Parent--Payment of fees by Judicial Administration Commission--Improper appointment--Parent voluntarily surrendering rights to child 2DCA 975a
Dependent children--Termination of rights--Payment of fees of parent's court-appointed counsel by Justice Administrative Commission--Parent's voluntary surrender of parental rights before termination proceedings initiated 5DCA 81a
Eminent domain--Absence of pre-suit settlement or filing of condemnation suit 5DCA 77a
Equal Access to Justice Act--Evidentiary hearing 2DCA 985a
Estates--Abandonment of representation of estate--Factual issue 3DCA 296a
Findings--Absence--Appeals--Harmless error--Absence of transcript 2DCA 46a
Guardianship--Counsel for ward--Settlement of brain-injured ward's tort claims--Confirmation of retention of counsel and approval of fees--Considerations 2DCA 162a
Insurance--Appeals--Order awarding fees in uninsured motorist coverage action contingent upon finding insurer liable on amended claim of bad faith 5DCA 624b
Insurance--Breach of contract action where basic insurance claim was resolved by appraisal 2DCA 1041a
Insurance--Insured prevailing in action against insurer--Applicability of statute--Consumer's action against surety on motor vehicle dealer bond 5DCA 1348a
Insurance--Insured prevailing in action against insurer--Confession of judgment--Payment of appraisal amount after suit filed--Insurer aware of dispute before suit filed 2DCA 364e
Insurance--Insured's action against insurer--Applicability of statute--Action against agent alleging negligent procurement of flood insurance coverage in reduced amount 1DCA 1269a
Interest--Prejudgment--Period between date of hearing to determine amount of fee award and date of judgment setting amount of fees 2DCA 269a
Justice Administrative Commission--Obligation to pay fees for attorneys appointed to represent parent in child dependency proceeding--Improper appointment--Parent voluntarily surrendering rights to child 2DCA 975a
Justice Administrative Commission--Obligation to pay fees for attorneys appointed to represent parent in child dependency proceeding--Parent failing to appear 2DCA 991b
Justiciable issues--Claim or defense not supported by material facts or applicable law--Garnishment--Dissolution of writs of garnishment 3DCA 1084a
Justiciable issues--Workers' compensation 1DCA 519a
Law enforcement officers--Fees incurred in successfully defending deputy sheriff against criminal charges arising out of assigned duties--Sheriff's liability--Deputy hiring own counsel without first requesting that sheriff provide him counsel 4DCA 560a
Leases--Prevailing party--Action to enforce provisions of rental agreement 5DCA 1198a
Liens--Construction lien--Foreclosure--Prevailing party 3DCA 647b
Mobile home parks--Prevailing party--Action to enforce provision of chapter 723--Action seeking declaration that amendment to subdivision deed of restrictions was invalid 5DCA 757a
Mobile home parks--Prevailing party--Developer obtaining declaration that it could use procedures in section 723.037 to reduce or eliminate cable television services 5DCA 757a
Offer of judgment--Good faith offer 3DCA 892a
Offer of judgment--Judgment 25 percent greater than amount of offer--Determination of total judgment--Costs incurred after offer tendered 1DCA 592e
Offer of judgment--Underlying judgment reversed 2DCA 306a
Offer of judgment--Validity--Joint offer--Undifferentiated proposal served on two defendants, one of whose liability is vicarious 5DCA 214a
Offer of judgment--Validity--Joint offer conditioned upon mutual acceptance by all joint offerees SCO 196a; 4DCA 1072a
Offer of judgment--Validity--Offer conditioned on joint acceptance by other parties 5DCA 485f
Offer of judgment--Voluntary dismissal without prejudice by offeree/plaintiff 3DCA 1074a
Power of attorney--Prevailing party--Action seeking declaration that power of attorney was void--Dismissal of action as moot after renunciation of power of attorney 3DCA 1087a
Prevailing party--Consumer prevailing in action against surety on motor vehicle dealer bond--Applicable statute 5DCA 1348a
Prevailing party--Contracts 5DCA 809b
Prevailing party--Insured's action against insurer--Applicability of statute--Action against agent alleging negligent procurement of flood insurance coverage in reduced amount 1DCA 1269a
Prevailing party--Insured's action against insurer--Applicability of statute--Consumer's action against surety on motor vehicle dealer bond 5DCA 1348a
Prevailing party--Leases--Action to enforce provisions of rental agreement 5DCA 1198a
Prevailing party--Mobile home parks--Action to enforce provision of chapter 723--Action seeking declaration that amendment to subdivision deed of restrictions was invalid 5DCA 757a
Prevailing party--Mobile home parks--Developer obtaining declaration that it could use procedures in section 723.037 to reduce or eliminate cable television services 5DCA 757a
Prevailing party--Power of attorney--Action seeking declaration that power of attorney was void--Dismissal of action as moot after renunciation of power of attorney 3DCA 1087a
Prevailing party--Voluntary dismissal--Refiled action--Abatement pending payment of costs/attorney's fees--Deferment of award of attorney's fees pending determination of merits of refiled suit 5DCA 1350a
Prevailing party--Voluntary dismissal of deceptive and unfair trade practices claim 5DCA 1197d
Prevailing party--Voluntary dismissal of misleading advertising claim 5DCA 1197d
Proposal for settlement--Judgment 25 percent greater than amount of proposal--Determination of total judgment--Costs incurred after proposal tendered 1DCA 592e
Proposal for settlement--Underlying judgment reversed 2DCA 306a
Proposal for settlement--Validity--Joint offer conditioned upon mutual acceptance by all joint offerees 4DCA 1072a
Proposal for settlement--Validity--Joint proposal--Undifferentiated proposal served on two defendants, one of whose liability is vicarious 5DCA 214a
Proposal for settlement--Validity--Joint proposal conditioned upon mutual acceptance by all joint offerees SCO 196a
Proposal for settlement--Voluntary dismissal without prejudice by offeree/plaintiff 3DCA 1074a
Quantum meruit--Attorney not licensed to practice law in Florida 4DCA 391a
Real property--Restrictive covenants--Enforcement 1DCA 861b
Reasonableness of fees--Evidence--Independent expert testimony--Necessity 5DCA 361a
Retaining lien--Contingency fee arrangement--Contingency not having occurred 3DCA 738b
Sheriffs--Liability for fees incurred in successfully defending deputy sheriff against criminal charges arising out of assigned duties--Deputy hiring own counsel without first requesting that sheriff provide him counsel 4DCA 560a
Timeliness of motion--Thirty-day period set forth in rule 1.525--Applicability--Judgment finding entitlement to fees but reserving jurisdiction to determine amount 3DCA 356a
Unauthorized practice of law--Quantum meruit award 4DCA 391a
Unpaid wages--Limited liability partnership--Payments due to former partner whose interest was terminated in violation of continued employment agreement 3DCA 132a
BAKER ACT
Involuntary commitment--Hearing--Timeliness--Computation of time 5DCA 908a
BANKS
Discovery--Privilege--Suspicious activity reports--Documents supporting suspicious activity report 5DCA 577b
Discovery--Trade secrets--Bank's construction lending manual--Order providing measures to protect trade secrets 2DCA 1052b
National banks--Requirement to register or file as foreign corporation in order to maintain lawsuit in state court--Federal preemption 4DCA 557a
CHILD CUSTODY
Father 2DCA 858a
Grandparents--Temporary custody--Paternity--Establishment--Unchallenged voluntary acknowledgment of paternity signed by father 4DCA 741b
Jurisdiction--Uniform Child Custody Jurisdiction and Enforcement Act--Florida not child's home state--No other state having jurisdiction 5DCA 914a
Magistrates--Report and recommendation--Errors apparent on face of report and recommendation 2DCA 922a
Modification--Change of primary residential custody from mother to father--Change in circumstances--Failure to prove 2DCA 922a
Modification--Magistrates--Report and recommendation--Errors apparent on face of report and recommendation 2DCA 922a
Order--Preparation by counsel 2DCA 1359a
Parenting coordination--Rules of procedure--Adoption of new rule SCO 76a
Parenting coordination--Rules of procedure--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Paternity--Establishment--Unchallenged voluntary acknowledgment of paternity signed by father--Petition for temporary custody--Grandparents 4DCA 741b
Rules of procedure--Amendment--Forms--Parenting coordination--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Rules of procedure--Amendment--Parenting coordination--Adoption of new rule SCO 76a
Rules of procedure--Amendment--Parenting coordination--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Temporary--Extended family member--Paternity--Establishment--Unchallenged voluntary acknowledgment of paternity signed by father 4DCA 741b
Temporary--Grandparents--Paternity--Establishment--Unchallenged voluntary acknowledgment of paternity signed by father 4DCA 741b
Visitation--Make-up time 2DCA 1359a
Visitation--Modification--Appeals--Order denying motion to temporarily halt visitation 5DCA 986a
Visitation--Modification--Evidence--Judge's interview with children in chambers--Presence of court reporter 5DCA 986a
Visitation--Transportation expenses--Sharing by parents 5DCA 914a
CHILD SUPPORT
Abatement--Absence of parent from hearing--Lack of proper notice 1DCA 1273a
Abatement--Administrative support order--Abatement of obligation for thirty days pending hearing on motion to vacate--Jurisdiction--Appeal pending 4DCA 29a
Administrative order--Abatement of obligation for thirty days pending hearing on motion to vacate--Jurisdiction--Appeal pending 4DCA 29a
Administrative order--Appeals--Loss of job and ability to make prescribed payments after mailing of proposed order and prior to issuance of final order--Failure to request hearing prior to final order 4DCA 141a
Administrative order--Appeals--Presentation of facts not initially presented to administrative law judge 4DCA 141a
Administrative order--Miscalculation of child support guidelines 1DCA 791d
Arrearages--Interest--Prejudgment--Installment payments totaling exact amount of arrearages without accounting for interest 2DCA 1321a
Arrearages--Order restricting Department of Revenue's ability to intercept or retain parent's future income tax refund--Absence of proper pleading or notice to Department 1DCA 98c
Arrearages--Order restricting Department of Revenue's ability to intercept or retain parent's future income tax refund--Authority of trial court to place restrictions on interception or retention of refund 1DCA 98c
Arrearages--Order restricting Department of Revenue's ability to intercept or retain parent's future income tax refund--Exhaustion of administrative remedies 1DCA 98c
Arrearages--Tax refund intercept program--Order restricting Department of Revenue's ability to intercept or retain parent's future income tax refund--Absence of proper pleading or notice to Department 1DCA 98c
Arrearages--Tax refund intercept program--Order restricting Department of Revenue's ability to intercept or retain parent's future income tax refund--Exhaustion of administrative remedies 1DCA 98c
Failure to pay--Contempt--Ability to pay--Findings 5DCA 302c
Failure to pay--Contempt--Ability to pay--Recitation of facts on which findings were based 5DCA 631c
Failure to pay--Contempt--Purge provision--Ability to comply 5DCA 302c
Failure to pay--Contempt--Purge provision--Failure to provide 4DCA 138a
Failure to pay--Contempt--Willfulness--Recitation of facts on which findings were based 5DCA 631c
Findings--Net incomes of parties and shares of child support expenses 5DCA 914a
Guidelines--Deviation--Findings 2DCA 1321a
Guidelines--Deviation--Make-up visitation period during which child spent substantial time with noncustodial parent 2DCA 1359a
Guidelines--Deviation--Reasonable and necessary existing expense or debt--Current child support arrearages 2DCA 1321a
Hearing--Continuance--Denial 2DCA 373a
Hearing--Formal--Denial--Untimely request--Notice of time limits 4DCA 7b
Hearing--Formal--Timeliness of request--Extension of period--Equitable considerations 4DCA 7b
Hearing--Telephonic--Denial 2DCA 373a
Income 2DCA 1359a
Income--Adjustments--In-kind payments by obligor's S corporation 2DCA 632b
Modification--Appeals--Amount of child support not established 1DCA 314b
Modification--Hearing--Continuance--Denial 2DCA 373a
Modification--Hearing--Telephonic--Denial 2DCA 373a
Modification--Retroactive--Child care expenses 2DCA 632b
Modification--Retroactive--Health, dental, and vision insurance premiums 2DCA 632b
Order--Preparation by counsel 2DCA 1359a
Paternity--Income--Adjustments--In-kind payments by obligor's S corporation 2DCA 632b
Paternity--Modification--Retroactive--Child care expenses 2DCA 632b
Paternity--Modification--Retroactive--Health, dental, and vision insurance premiums 2DCA 632b
Retroactive 2DCA 858a
Retroactive--Calculation--Use of incorrect income amount in calculating retroactive support 2DCA 982a
Retroactive--Credits--Gifts--Benefit to child--Gifts providing for child's health and well-being 1DCA 377a
Rules of procedure--Amendment--Forms--Parenting coordination--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Rules of procedure--Amendment--Parenting coordination--Adoption of new rule SCO 76a
Rules of procedure--Amendment--Parenting coordination--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
CIVIL PROCEDURE
Abuse of process 4DCA 782a; 4DCA 1308a
Amendments--Answer--Claim for attorney's fees 3DCA 252a
Amendments--Complaint--Leave of court--Failure to obtain--Dismissal with prejudice 4DCA 1335a
Amendments--Complaint--Relation back 3DCA 1190a
Amendments--Complaint--Relation back--Addition of party--Prejudice--Knowledge of claim prior to amendment of complaint 5DCA 1346a
Amendments--Complaint--Sixth amended complaint 3DCA 1122a
Amendments--Complaint--Sua sponte amendment--Opportunity to respond to complaint as amended 2DCA 320a
Answer--Amendment--Claim for attorney's fees 3DCA 252a
Class actions--Certification--Commonality and typicality 2DCA 527a
Class actions--Certification--Numerosity--Class consisting of four defendants 2DCA 762a
Class actions--Certification--Predominance of common issues over individual issues 2DCA 527a
Class actions--Certification--Predominance of common issues over individual issues--Compensation due physicians under "Physician Incentive Plan" provision of contract with emergency room staffing company 4DCA 880a
Class actions--Certification--Superiority of class action 2DCA 527a
Complaint--Amendment--Leave of court--Failure to obtain--Dismissal with prejudice 4DCA 1335a
Complaint--Amendment--Relation back 3DCA 1190a
Complaint--Amendment--Relation back--Addition of party--Prejudice--Knowledge of claim prior to amendment of complaint 5DCA 1346a
Complaint--Amendment--Sixth amended complaint 3DCA 1122a
Complaint--Amendment--Sua sponte amendment--Opportunity to respond to complaint as amended 2DCA 320a
Costs--Amount greater than amount requested 1DCA 592e
Costs--Overhead costs 5DCA 102a
Death of party--Substitution of estate prior to proceeding 4DCA 1296b
Default--Failure of complaint to state cause of action 5DCA 481a
Default--Judgment exceeding scope of original pleadings--Requirement to re-serve defaulting parties 4DCA 1066a
Default--Vacation--Appeals--Gross abuse of discretion--Absence of undeniable provocation to reverse order vacating default 4DCA 10d
Default--Vacation--Appeals--Standard of review 4DCA 156a
Default--Vacation--Excusable neglect, due diligence, and meritorious defense 4DCA 785a
Default--Vacation--Jurisdiction--Sua sponte vacation of default final judgment on day after judgment rendered 4DCA 156a
Default--Vacation--Motion filed by attorney ad litem for non-party 3DCA 402a
Default--Vacation--Void judgment--Complaint failing to state cause of action--Failure to allege that conditions precedent were met 1DCA 379c
Depositions--Nonparty treating physician--Pre-deposition communication between nonparty and nonparty's attorney--Restrictions--Nonparty represented by attorney employed by defendant's insurer, which also insured nonparty 4DCA 1115a
Discovery--Attorney-client privilege--Attorney's case file--Unrelated case in which attorney represented same client 4DCA 747a
Discovery--Attorney-client privilege--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Attorney-client privilege--Waiver--Inadvertent disclosure 4DCA 27a
Discovery--Banks--Suspicious activity reports--Documents supporting suspicious activity report 5DCA 577b
Discovery--Compulsory medical examination--Presence of videographer hired by and acting on behalf of defendant's counsel 5DCA 909d
Discovery--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Denial--Blanket denial 4DCA 1289a
Discovery--Depositions--Nonparty treating physician--Pre-deposition communication between nonparty and nonparty's attorney--Restrictions--Nonparty represented by attorney employed by defendant's insurer, which also insured nonparty 4DCA 1115a
Discovery--DNA samples--Determination of beneficiaries of trust--DNA samples from decedent's legitimate children to establish paternity of child who claims to be decedent's illegitimate child 2DCA 263c
Discovery--Examination of persons--Compulsory vocational rehabilitation examination without presence of any third person 2DCA 538a
Discovery--Examination of persons--Prohibition of presence of third person 2DCA 538a
Discovery--Failure to comply--Dismissal--Attorney responsible for failure to respond to discovery requests 5DCA 693b
Discovery--Failure to comply--Dismissal--Findings 5DCA 693b
Discovery--Failure to comply--Striking of pleadings--Willfulness--Findings 4DCA 612b
Discovery--Hospitals--Trade secrets--Charges for particular procedure applicable to different classes of patients, including litigation versus non-litigation patients 4DCA 551a; 4DCA 1067a
Discovery--Medical malpractice--Presuit screening period not complete 3DCA 406a
Discovery--Non-party--Confidential records--Hearing 4DCA 58a
Discovery--Non-party--Confidential records--Privilege log--Necessity 4DCA 58a
Discovery--Non-party--Hospital which provided care to plaintiff following automobile accident--Trade secrets--Charges for particular procedure applicable to different classes of patients, including litigation versus non-litigation patients 4DCA 551a; 4DCA 1067a
Discovery--Nursing homes--Information regarding former nursing home resident whom plaintiff sought to locate as witness--Confidentiality of nursing home resident's records 1DCA 814a
Discovery--Privacy rights--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Privilege--Attorney-client--Attorney's case file--Unrelated case in which attorney represented same client 4DCA 747a
Discovery--Privilege--Attorney-client--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Privilege--Attorney-client--Waiver--Inadvertent disclosure 4DCA 27a
Discovery--Privilege--Psychotherapist-patient--Exceptions--Patient relying on mental or emotional condition as element of claim or defense 3DCA 520b
Discovery--Privilege--Psychotherapist-patient--Substance abuse treatment information and records 3DCA 520b
Discovery--Privilege--Suspicious activity reports prepared by bank--Documents supporting suspicious activity report 5DCA 577b
Discovery--Privilege--Work product--Attorney's case file--Unrelated case in which attorney represented same client 4DCA 747a
Discovery--Privilege--Work product--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Privilege--Work product--Video and transcript of compulsory medical examination 4DCA 10a
Discovery--Production of documents without prepayment of reasonable charges--Appeals--Certiorari 5DCA 484a
Discovery--Psychotherapist-patient privilege--Exceptions--Patient relying on mental or emotional condition as element of claim or defense 3DCA 520b
Discovery--Psychotherapist-patient privilege--Substance abuse treatment information and records 3DCA 520b
Discovery--Pure bill of discovery--Discovery to determine if cause of action exists 3DCA 954b
Discovery--Trade secrets--Bank's construction lending manual--Order providing measures to protect trade secrets 2DCA 1052b
Discovery--Trade secrets--Hospitals--Charges for particular procedure applicable to different classes of patients, including litigation versus non-litigation patients 4DCA 551a; 4DCA 1067a
Discovery--Trade secrets--Stay of discovery pending negotiation of confidentiality agreement 4DCA 551a; 4DCA 1067a
Discovery--Work product--Attorney's case file--Unrelated case in which attorney represented same client 4DCA 747a
Discovery--Work product--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Work product--Video and transcript of compulsory medical examination 4DCA 10a
Discovery in aid of execution--Deposition--Failure to appear--Sanctions--Relationship between sanction and expenses caused by failure to appear 1DCA 792a
Discovery in aid of execution--Failure to comply--Sanctions--Retrospective--Payment to judgment creditor--Absence of finding of contempt 1DCA 792a
Discovery in aid of execution--Failure to comply with order requiring debtors to file fact information sheets--Contempt--Sanctions--Retrospective--Relationship to damages caused by failure to comply with court order 1DCA 792a
Dismissal--Amended complaint--Failure to obtain leave of court prior to filing amended complaint--Dismissal with prejudice 4DCA 1335a
Dismissal--Discovery violations--Attorney responsible for failure to respond to discovery requests 5DCA 693b
Dismissal--Discovery violations--Findings 5DCA 693b
Dismissal--Failure to comply with court orders--Willfulness--Findings 5DCA 302a
Dismissal--Failure to perfect service within 120 days--Service perfected, albeit defectively, within time period designated by court 5DCA 1347a
Dismissal--Forum non conveniens--Premature dismissal--Discovery not complete 3DCA 1239b
Dismissal--Forum non conveniens--Proper analysis 3DCA 1239b
Dismissal--Forum non conveniens--Untimely motion to dismiss 3DCA 892b
Dismissal--Fraud on court--Clear and convincing evidentiary basis 3DCA 847a
Dismissal--Fraud on court--False responses to interrogatories and deposition testimony 3DCA 1076a
Dismissal--Fraud on court--Misrepresentation regarding lost wages--Conflicting evidence 4DCA 1060a
Dismissal--Mootness--Power of attorney--Action seeking declaration that power of attorney was void--Dismissal of action as moot after renunciation of power of attorney 3DCA 1087a
Dismissal--Pleading deficiencies--Second amended complaint 2DCA 436a
Dismissal--Res judicata--Federal court's dismissal of action as barred by statute of limitations--Federal court order explicitly allowing plaintiff to proceed with state court action 3DCA 467a
Dismissal--Settlement agreement--Reinstatement of action following breach of agreement 3DCA 1088a
Dismissal--Timeliness of motion 3DCA 892b
Dismissal--Untimely service of process--Defendant served before dismissal 3DCA 764a
Dismissal--Untimely service of process--Good cause for failure to timely serve defendant 3DCA 764a
Dismissal--Untimely service of process--Service perfected, albeit defectively, within time period designated by court 5DCA 1347a
Dismissal--Untimely service of process--Statute of limitations having run at time of dismissal 3DCA 764a
Dismissal--Voluntary--Attorney's fees--Prevailing party 5DCA 1197d
Dismissal--Voluntary--Refiled action--Abatement pending payment of costs/attorney's fees--Deferment of award of attorney's fees pending determination of merits of refiled suit 5DCA 1350a
Foreign judgments--Enforcement--Foreign state's judgment for individual income tax liability 5DCA 1263a
Foreign judgments--Recognition--Out-of-Country Foreign Money-Judgment Recognition Act--Jurisdiction of foreign court--Minimum contacts 1DCA 1132c
Fraud on court--Dismissal--Clear and convincing evidentiary basis 3DCA 847a
Fraud on court--Dismissal--False responses to interrogatories and deposition testimony 3DCA 1076a
Fraud on court--Dismissal--Misrepresentation regarding lost wages--Conflicting evidence 4DCA 1060a
Interpleader--Dividends from stock claimed by two parties 1DCA 1030a
Interpleader--Evidentiary hearing--Necessity 1DCA 1030a
Intervention--Denial of motion--Appeals--Certiorari/plenary appeal 5DCA 1106a
Intervention--Direct and immediate legal interest in underlying litigation--Absence 5DCA 1106a
Intervention--Landlord-tenant--Absence of direct and immediate legal interest in underlying litigation 5DCA 1106a
Intervention--Landlord-tenant--Denial of motion--Appeals--Certiorari/plenary appeal 5DCA 1106a
Judgment--Amendment--Timeliness of motion--Motion for relief from judgment filed more than one year after judgment entered 3DCA 1345a
Judgment--Foreign--Enforcement--Foreign state's judgment for individual income tax liability 5DCA 1263a
Judgment--Foreign--Recognition--Out-of-Country Foreign Money-Judgment Recognition Act--Jurisdiction of foreign court--Minimum contacts 1DCA 1132c
Judgment--Offer--Attorney's fees--Good faith offer 3DCA 892a
Judgment--Offer--Attorney's fees--Judgment 25 percent greater than amount of offer--Determination of total judgment--Costs incurred after offer tendered 1DCA 592e
Judgment--Offer--Attorney's fees--Underlying judgment reversed 2DCA 306a
Judgment--Offer--Attorney's fees--Validity of offer--Joint offer--Undifferentiated proposal served on two defendants, one of whose liability is vicarious 5DCA 214a
Judgment--Offer--Attorney's fees--Validity of offer--Joint offer conditioned upon mutual acceptance by all joint offerees SCO 196a; 4DCA 1072a
Judgment--Offer--Attorney's fees--Validity of offer--Offer conditioned on joint acceptance by other parties 5DCA 485f
Judgment--Offer--Attorney's fees--Voluntary dismissal without prejudice by offeree/plaintiff 3DCA 1074a
Judgment--Relief from--Clerical mistake--Failure to mail plaintiff a copy of final judgment--Plaintiff represented by counsel 4DCA 200a
Judgment--Relief from--Dissolution of marriage--Clerical/substantive error--Failure to specify that reduced alimony award was to apply retroactively 4DCA 1234c
Judgment--Relief from--Excusable neglect--Belated receipt of final judgment--Time sufficient to permit filing of timely notice of appeal 4DCA 200a
Judgment--Relief from--Fraud, misrepresentation, mistake, inadvertence, and newly discovered evidence 5DCA 1255a
Judgment--Relief from--Judicial error--Rule 1.540 motion 1DCA 864b
Judgment--Relief from--Law of the case--Appellate court's denial of motion to relinquish jurisdiction to allow trial court to rule on rule 1.540 motion 5DCA 1255a
Judgment--Relief from--Mistakes or tactical errors of counsel 3DCA 342a
Judgment--Relief from--Nunc pro tunc order which replaced original order lost through clerk's mistake or excusable neglect--Party relying on rendition of intervening order for purposes of pursuing appeal of order 3DCA 1090a
Judgment--Relief from--Timeliness of motion--Motion filed more than one year after judgment entered 3DCA 1345a
Judgment--Vacation--Abandonment or waiver of motion--Stipulation 2DCA 160a
Judgments--Vacation--Judgments entered four and five years earlier--Judgments entered by judge of competent jurisdiction 4DCA 998a
Judgments--Vacation--Judgments entered four and five years earlier--Opportunities to seek review having passed 4DCA 998a
Jury--Deadlock--Jury instructions--Standard--Amendment SCO 149a
Jury instructions--Standard--Amendment--Reorganization and modification SCO 149a
New trial--Attorney misconduct--Successor judge's ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
New trial--Illegal pretrial Mary Carter agreement--Agreement not kept secret from parties, counsel, or jury 4DCA 837a
New trial--Verdict against manifest weight of evidence--Bus passenger injured when bus was rear-ended by another vehicle--Verdict finding no negligence on part of any defendant 1DCA 677a
New trial--Verdict against manifest weight of evidence--Conflicting evidence 3DCA 255d
Offer of judgment--Attorney's fees--Good faith offer 3DCA 892a
Offer of judgment--Attorney's fees--Judgment 25 percent greater than amount of offer--Determination of total judgment--Costs incurred after offer tendered 1DCA 592e
Offer of judgment--Attorney's fees--Underlying judgment reversed 2DCA 306a
Offer of judgment--Attorney's fees--Validity of offer--Joint offer--Undifferentiated proposal served on two defendants, one of whose liability is vicarious 5DCA 214a
Offer of judgment--Attorney's fees--Validity of offer--Joint offer conditioned upon mutual acceptance by all joint offerees SCO 196a; 4DCA 1072a
Offer of judgment--Attorney's fees--Validity of offer--Offer conditioned on joint acceptance by other parties 5DCA 485f
Offer of judgment--Attorney's fees--Voluntary dismissal without prejudice by offeree/plaintiff 3DCA 1074a
Orders--Vacation--Abandonment or waiver of motion--Stipulation 2DCA 160a
Parties--Substitution--Death of party--Substitution of estate prior to proceeding 4DCA 1296b
Pleadings--Striking--Discovery violations--Willfulness--Findings 4DCA 612b
Proceedings supplementary--Injunction--Prohibition of disbursement of proceeds of closing of sales of condominium units by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a
Proceedings supplementary--Judgment allowed to operate as lien on property owned by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a
Proceedings supplementary--Trust assets--Assets not yet distributed to judgment debtor/trust beneficiary 4DCA 996b
Proposal for settlement--Attorney's fees--Judgment 25 percent greater than amount of proposal--Determination of total judgment--Costs incurred after proposal tendered 1DCA 592e
Proposal for settlement--Attorney's fees--Underlying judgment reversed 2DCA 306a
Proposal for settlement--Attorney's fees--Validity of proposal--Joint offer conditioned upon mutual acceptance by all joint offerees 4DCA 1072a
Proposal for settlement--Attorney's fees--Validity of proposal--Joint proposal--Undifferentiated proposal served on two defendants, one of whose liability is vicarious 5DCA 214a
Proposal for settlement--Attorney's fees--Validity of proposal--Joint proposal conditioned upon mutual acceptance by all joint offerees SCO 196a
Proposal for settlement--Attorney's fees--Voluntary dismissal without prejudice by offeree/plaintiff 3DCA 1074a
Relief from judgment--Clerical mistake--Failure to mail plaintiff a copy of final judgment--Plaintiff represented by counsel 4DCA 200a
Relief from judgment--Dissolution of marriage--Clerical/substantive error--Failure to specify that reduced alimony award was to apply retroactively 4DCA 1234c
Relief from judgment--Excusable neglect--Belated receipt of final judgment--Time sufficient to permit filing of timely notice of appeal 4DCA 200a
Relief from judgment--Fraud, misrepresentation, mistake, inadvertence, and newly discovered evidence 5DCA 1255a
Relief from judgment--Judicial error--Rule 1.540 motion 1DCA 864b
Relief from judgment--Law of the case--Appellate court's denial of motion to relinquish jurisdiction to allow trial court to rule on rule 1.540 motion 5DCA 1255a
Relief from judgment--Mistakes or tactical errors of counsel 3DCA 342a
Relief from judgment--Nunc pro tunc order which replaced original order lost through clerk's mistake or excusable neglect--Party relying on rendition of intervening order for purposes of pursuing appeal of order 3DCA 1090a
Relief from judgment--Timeliness of motion--Motion filed more than one year after judgment entered 3DCA 1345a
Rules of procedure--Amendments--Forms--Affidavit of diligent search and inquiry SCO 97b; SCO 317a
Rules of procedure--Amendments--Forms--Mortgage foreclosure--Final judgment of foreclosure SCO 97b; SCO 317a
Rules of procedure--Amendments--Forms--Mortgage foreclosure--Motion to cancel and reschedule foreclosure sale SCO 97b; SCO 317a
Rules of procedure--Amendments--General pleadings--Mortgage foreclosure complaints involving residential property--Verification SCO 97b; SCO 317a
Service of process--Corporations--Neither summons nor return of service stating that corporation was served or that individual was being served as registered agent or corporate officer of corporation 3DCA 460a
Service of process--Defects--Waiver 4DCA 752a
Service of process--Failure to perfect within 120 days--Dismissal--Service perfected, albeit defectively, within time period designated by court 5DCA 1347a
Service of process--Publication--Affidavit of diligent search and inquiry--Form--Amendment to rules of civil procedure SCO 97b; SCO 317a
Service of process--Publication--Diligent search 3DCA 348a
Service of process--Publication--Diligent search and inquiry 5DCA 574a
Service of process--Quashal--Vacation of order--Jurisdiction--Nonfinal order 4DCA 753a
Service of process--Return of service regular on its face 3DCA 772a
Service of process--Substituted--Due diligence in attempting to locate defendant 3DCA 173a
Service of process--Substituted--Noncompliance with statute 4DCA 137c
Service of process--Substituted--Statutory notice requirements--Filing of signed return receipt for certified mail--Exceptions--Intentional refusing or rejecting substituted process--Sufficiency of evidence 4DCA 753a
Service of process--Substituted--Statutory notice requirements--Noncompliance--Filing of unsigned return receipt for certified mail 4DCA 753a
Service of process--Substituted--Sufficiency of allegations 4DCA 753a
Service of process--Untimely--Dismissal--Defendant served before dismissal 3DCA 764a
Service of process--Untimely--Dismissal--Good cause for failure to timely serve defendant 3DCA 764a
Service of process--Untimely--Dismissal--Statute of limitations having run at time of dismissal 3DCA 764a
Settlement--Proposal--Attorney's fees--Judgment 25 percent greater than amount of proposal--Determination of total judgment--Costs incurred after proposal tendered 1DCA 592e
Settlement--Proposal--Attorney's fees--Underlying judgment reversed 2DCA 306a
Settlement--Proposal--Attorney's fees--Validity of proposal--Joint offer conditioned upon mutual acceptance by all joint offerees 4DCA 1072a
Settlement--Proposal--Attorney's fees--Validity of proposal--Joint proposal--Undifferentiated proposal served on two defendants, one of whose liability is vicarious 5DCA 214a
Settlement--Proposal--Attorney's fees--Validity of proposal--Joint proposal conditioned upon mutual acceptance by all joint offerees SCO 196a
Settlement--Proposal--Attorney's fees--Voluntary dismissal without prejudice by offeree/plaintiff 3DCA 1074a
Severance--Overlapping and intertwined claims--Claims against contractor, surety, and third party defendants 3DCA 546c
Stay--Completion of bankruptcy proceeding of one of multiple defendants 3DCA 20a
Stay--Earlier action involving same parties and issues filed in foreign state court 3DCA 52a
Summary judgment--Affidavit in opposition--Striking--Second affidavit--Discrepancy between first and second affidavits 3DCA 1302a
Summary judgment--Affidavit in opposition to motion--Technical defects--Opportunity to amend 4DCA 620a
Summary judgment--Answer not filed--Failure to establish that no answer could present issue of fact 2DCA 1215d
Summary judgment--Evidence--Absence of sworn evidence to support motion 3DCA 547b
Summary judgment--Mortgage foreclosure--Promissory note and assignment relied on to support motion not attached to complaint and not served at least twenty days before date of summary judgment hearing 2DCA 494a
Summary judgment--Motion for summary judgment before answer filed 2DCA 369a
Summary judgment--Opposing affidavit--Striking--Second affidavit--Discrepancy between first and second affidavits 3DCA 1302a
Summary judgment--Opposing affidavit--Technical defects--Opportunity to amend 4DCA 620a
Supplementary proceedings--Injunction--Prohibition of disbursement of proceeds of closing of sales of condominium units by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a
Supplementary proceedings--Judgment allowed to operate as lien on property owned by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a
Supplementary proceedings--Trust assets--Assets not yet distributed to judgment debtor/trust beneficiary 4DCA 996b
Trial--Jury trial--Waiver 3DCA 901c
Trial--Nonjury trial--Civil cover sheet erroneously indicating that request for jury trial was made in complaint 3DCA 901c
Trial--Order setting cause for trial--Notice--Presumption--Certificate of service indicating that pleadings and orders were mailed to counsel 3DCA 901c
Trial--Order setting cause for trial--Timeliness 3DCA 901c
Verdicts--Inconsistencies--Appeals--Preservation of issue 3DCA 1307a
CIVIL RIGHTS
Employment discrimination--Evidence--Attorney-client privilege--Copy of letter faxed from attorney to client-employer and retrieved from fax machine by plaintiff 4DCA 27a
Employment discrimination--Florida Civil Rights Act--Marital status--Termination based on specific identity of individual's spouse 3DCA 48a
Marital status discrimination--Florida Civil Rights Act--Termination of employment based on specific identity of individual's spouse 3DCA 48a
CONDOMINIUMS
Assessments--Lien--Repair of unit air conditioner 3DCA 768a
Contracts--Interstate Land Sales Full Disclosure Act--Exemptions--Obligation to complete construction within two years--Conditional obligation 2DCA 284a
Contracts--Rescission--Interstate Land Sales Full Disclosure Act violation--Exemptions--Obligation to complete construction within two years--Conditional obligation 2DCA 284a; 2DCA 1141c
Declaratory judgment action against association seeking determination of unit owners' right to parking space which is common property--Indispensable parties--Other unit owners 2DCA 640a
Liens--Assessment--Repair of unit air conditioner 3DCA 768a
Mortgages--Foreclosure--Requirement that mortgagee pay monthly assessments during delay in foreclosure proceedings 4DCA 835b
Parties--Indispensable parties--Declaratory judgment action against association seeking determination of unit owners' right to parking space which is common property--Other unit owners as indispensable parties 2DCA 640a
CONFLICT OF LAWS
Choice of law--Promissory notes--Provision in mortgage executed simultaneously with note--Applicability in action on note 3DCA 1182a
Promissory notes--Choice of law provision in mortgage executed simultaneously with note--Applicability in action on note 3DCA 1182a
CONSTITUTIONAL LAW
Cruel and/or unusual punishment--Sentencing--Death penalty--Prolonged time on death row SCO 64a
Declaration of rights--Accused's right to counsel--Police-initiated interrogation subsequent to invocation of right to counsel--Interpretation of Florida constitutional provision in light of recent U.S. Supreme Court precedent 5DCA 1206a
Elections--Initiative petition--Constitutional amendment--Revocation of signatures on citizen initiative petition forms--Burden on initiative process SCO 120a
Impairment of contracts--Homeowners association--Assessments--Mortgagee's liability for unpaid assessments upon foreclosure of mortgage--Retroactive application of statutory amendment 2DCA 431a
Religion--Prohibition against use of state revenue in aid of any sectarian institution--Challenge to contracts entered into with faith-based institutions operating substance abuse transitional housing programs--Taxpayer standing 1DCA 956a
Religion--Prohibition against use of state revenue in aid of any sectarian institution--Contracts for provision of necessary social services by religious or sectarian entities 1DCA 956a
Religion--Prohibition against use of state revenue in aid of any sectarian institution--Limitation of prohibition to school context 1DCA 956a
Religion--Prohibition against use of state revenue in aid of any sectarian institution--Prison chaplains 1DCA 956a
Religion--Prohibition against use of state revenue in aid of any sectarian institution--Use of state funds to support faith-based substance abuse transitional housing programs 1DCA 956a
Speech--Prior restraint--Restriction of writer's ability to distribute information about children whose parents disappeared at sea 3DCA 672a
CONSUMER LAW
Deceptive and unfair trade practices--Arbitration 3DCA 469c
Deceptive and unfair trade practices--Attorney's fees--Prevailing party--Voluntary dismissal of claim 5DCA 1197d
Deceptive and unfair trade practices--Complaint--Amendment--Sixth amended complaint 3DCA 1122a
Deceptive and unfair trade practices--Damages--Actual damages--Difference between market value of product in condition in which it was delivered and market value in condition in which it should have been delivered 3DCA 1122a
Deceptive and unfair trade practices--Damages--Consequential damages--Down payment and loan payments on jet-boat which sunk 3DCA 1122a
Deceptive and unfair trade practices--Jurisdiction--Activity regulated under laws administered by Public Service Commission--Claims arising out of electric utility's PSC-approved incentive program 3DCA 33b
Deceptive and unfair trade practices--Single premium credit insurance purchased on mortgages--Excessive charges--Limitation of actions--Tolling--Making of mortgage payments 1DCA 539b
Deceptive and unfair trade practices--Sufficiency of evidence 3DCA 1300a
Deposits received for purchase of residential dwelling units--Placement in escrow--Exceptions--General contractor contracting to build single-family residence on land owned by consumer at time contract was signed 4DCA 331a
Misleading advertising--Attorney's fees--Prevailing party--Voluntary dismissal of claim 5DCA 1197d
Motor vehicle dealers--Action against surety on motor vehicle dealer bond--Attorney's fees--Award to prevailing consumer--Applicable statute 5DCA 1348a
CONTEMPT
Appeals--Law of the case--Determination that payments labeled "equitable distribution" in final judgment of dissolution of marriage were really meant as support--Reconsideration by successor judge presiding over contempt proceedings 4DCA 553a
Child support--Failure to pay--Ability to pay--Findings 4DCA 138a; 5DCA 302c
Child support--Failure to pay--Ability to pay--Findings--Recitation of facts on which findings were based 5DCA 631c
Child support--Failure to pay--Order--Recitation of facts on which findings of willfulness and ability to pay were based 5DCA 631c
Child support--Failure to pay--Purge provision--Ability to comply 5DCA 302c
Child support--Failure to pay--Purge provision--Failure to provide 4DCA 138a
Child support--Failure to pay--Willfulness--Findings--Recitation of facts on which findings were based 5DCA 631c
Civil--Failure to pay child support--Willfulness--Findings--Factual support 5DCA 755b
Civil--Purge provision--Ability to comply--Access to sister's business account and previous assistance provided by family 3DCA 894a
Civil--Purge provision--Ability to comply--Findings 5DCA 302c
Civil--Purge provision--Ability to comply--Present ability--Findings--Factual support 5DCA 755b
Civil/criminal--Juveniles--Refusal to comply with court orders not to run away from home--Sanction of house arrest 4DCA 586b
Civil/criminal--Motion styled as one seeking indirect criminal contempt--Movant participating in proceedings without objection 1DCA 816b
Civil/criminal--Motion styled as one seeking indirect criminal contempt--Prayer for relief including fines, incarceration and/or other remedies pursuant to finding of civil contempt 1DCA 816b
Direct criminal--Failure to turn off cell phone during court proceedings 5DCA 692b
Direct criminal--Juveniles--Failure to appear at docket call--Willfulness 4DCA 505b
Direct criminal--Order--Recitation of evidentiary facts supporting finding of contempt 5DCA 692b
Discovery in aid of execution--Failure to comply with order requiring debtors to file fact information sheets--Sanctions--Retrospective--Relationship to damages caused by failure to comply with court order 1DCA 792a
Dissolution of marriage--Alimony--Failure to pay--Purge provision--Ability to comply--Access to sister's business account and previous assistance provided by family 3DCA 894a
Dissolution of marriage--Child custody--Time-sharing and parenting plan--Failure to comply 4DCA 504a
Dissolution of marriage--Child support--Failure to pay--Purge provision--Ability to comply--Access to sister's business account and previous assistance provided by family 3DCA 894a
Dissolution of marriage--Failure to execute quitclaim deed to marital home--Judgment not requiring execution of quitclaim deed 1DCA 930a
Dissolution of marriage--Failure to pay support--Appeals--Law of the case--Determination that payments labeled "equitable distribution" in final judgment of dissolution of marriage were really meant as support--Reconsideration by successor judge presiding over contempt proceedings 4DCA 553a
Dissolution of marriage--Failure to pay support--Purge provision--Ability to comply 4DCA 553a
Indirect criminal--Appeals--Jurisdiction--Contempt arising from felony proceeding in circuit court--Misdemeanor case number assigned by clerk 4DCA 884a
Indirect criminal--Attorneys--Improper contact with criminal trial juror, including false representations regarding authority to interview juror and obtain medical records to support juror's excusal for medical condition 1DCA 1161b
Indirect criminal--Failure to obey subpoena directing appearance in circuit court criminal case 4DCA 884a
Indirect criminal--Juveniles--Compliance with procedural rule 4DCA 586b
Indirect criminal--Juveniles--Refusal to comply with court orders not to run away from home--Sanction of house arrest 4DCA 586b
Purge provision--Ability to comply 4DCA 553a
Purge provision--Ability to comply--Findings 5DCA 302c
Purge provision--Ability to comply--Present ability--Findings--Factual support 5DCA 755b
Purge provision--Compliance with "all terms of this and any other then outstanding Orders of this Court" 4DCA 625a
Purge provision--Full payment of all fines, attorney's fees, and costs without specification of exact dollar amount 4DCA 625a
CONTRACTS
Account stated--Credit card account--Express or implied agreement that specified balance is correct and due and express or implied promise to pay 4DCA 1296a
Account stated--Evidence--Itemized statement--Necessity 4DCA 1296a
Arbitration--Arbitrable issues--Limitation of actions 4DCA 3b
Arbitration--Enforceability of arbitration clause--Failure to designate rules which would govern arbitration 4DCA 3b
Arbitration--Enforceability of arbitration clause--Provision contained in home warranty that was expressly incorporated into contract executed by parties 2DCA 372a
Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Absence of disparity between parties' education, age, or competency 4DCA 3b
Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Commercial transaction between sophisticated parties 4DCA 3b
Arbitration--Noncompetition covenant--Arbitrable issues 4DCA 999a
Arbitration--Noncompetition covenant--Termination of franchise for failure to cure breaches relating to operating competing businesses--Intent to arbitrate issue 4DCA 999a
Arbitration--Validity of contract containing arbitration clause--Evidentiary hearing 5DCA 101a
Assignment--Transfer of duties to assignee 5DCA 1020a
Attorney's fees--Appeals--Jurisdiction--Notice of appeal filed prior to fee hearing 4DCA 671a
Attorney's fees--Prevailing party 5DCA 809b
Attorney's fees--Prevailing party--Provision for award of fees to party who is required to take any action to enforce contract 3DCA 647b
Attorneys--Contingency fee agreement--Provision for attorney to be paid 33 1/3 percent of any recovery through time of filing of answer--No answer filed before settlement 1DCA 169a
Birth-Related Neurological Injury Compensation Association--Breach of settlement agreement by refusal to execute documents necessary for structured settlement--Obligation to execute documents--Factual issue 2DCA 493a
Construction--Breach by contractor--Failure to pay subcontractor--Default judgment--Vacation--Void judgment--Failure to state a claim by failing to allege conditions precedent were met 1DCA 379c
Construction--Contractor's action against subcontractor--Counterclaim by subcontractor--Affirmative defenses--Setoff--Res judicata--Claim of setoff mirroring claim for delay damages which contractor had voluntarily dismissed with prejudice 4DCA 1065a
Construction--Residence--Deposit--Escrow--Necessity--General contractor contracting to build single-family residence on land owned by consumer at time contract was signed 4DCA 331a
Construction--Unlicensed contractor--Performance of services requiring contractor's license--Factual issue 4DCA 654a
Counties--Settlement agreement--Agreement allowing company which operated cement pre-casting facility to bring company into compliance with permitting requirements within reasonable time--Enforcement of agreement 3DCA 1006a
Credit card agreement--Breach by debtor--Account stated--Express or implied agreement that specified balance is correct and due and express or implied promise to pay 4DCA 1296a
Damages--Anticipated profits--Prejudgment interest--Fixed date of loss 4DCA 671a
Damages--Lost profits--Calculation based on established data, rather than speculation or conjecture 4DCA 141b
Damages--Lost profits--Calculation based on reasonable method of computation 4DCA 141b
Damages--Overhead--Home office overhead--Government contractor--Government-imposed delay requiring contractor to indefinitely stand by to point that contractor was effectively suspended and unable to take on additional work 4DCA 1057a
Damages--Setoff--Res judicata--Claim of setoff mirroring claim for damages which had been voluntarily dismissed with prejudice 4DCA 1065a
Damages--Unliquidated--Jury trial 3DCA 412a
Department of Transportation--Road construction--Breach by Department--Res judicata--Prior judgment for separate breach of contract following failure of dispute review process--Indivisible contract 1DCA 864c
Employment--Noncompetition covenant--Breach by employee--Damages--Lost profits--Deductions--Overhead expenses 4DCA 1111d
Employment--Noncompetition covenant--Breach by employee--Damages--Lost profits--Loss of advertising revenues following radio personality's employment by competitor--Causal relationship between employee's breach and lost profits--Sufficiency of evidence 4DCA 1111d
Escrow agreement--Retention of funds until resolution of parties' disputes--Release of funds based on injunctive principles of law SCO 192a
Evidence--Parol--Real property sale--Oral extension of due diligence period 4DCA 774a
Excavation--Subcontractor's indemnification of contractor for damage caused by rupture of water line during excavation--Subcontractor's compliance with requirements of Underground Facility Damage Prevention and Safety Act--Factual issue 3DCA 171f
Franchise agreement--Noncompetition covenant--Arbitration--Arbitrable issues 4DCA 999a
Franchise agreement--Noncompetition covenant--Termination of franchise for failure to cure breaches relating to operating competing businesses--Arbitration--Intent to arbitrate issue 4DCA 999a
Good faith and fair dealing--Breach of covenant--Absence of express contractual obligation 3DCA 252a
Hospitals--Medical staff bylaws--Grant of exclusive cardiovascular surgery privileges to outside surgeon, in violation of bylaws--Immunity--Statutory--Statute applicable to credentialing decisions 4DCA 655c
Illegality--Scheme between plaintiff and developer to defraud lenders by providing fake contracts for sale of property 4DCA 612a
Illusory--Lack of mutuality of obligations--Cure--Performance of contract 3DCA 252a
Indemnity--Damages--Evidence--Hearsay--Affidavit of corporate representative and attached copy of schedule of payments 1DCA 107b
Individual liability--Contract entered into by individual on behalf of LLC 5DCA 627a
Interest--Prejudgment--Damages--Anticipated profits--Losses which cannot be fixed with certainty to particular date 4DCA 671a
Interest--Prejudgment--Liquidated damages--Award of direct job costs based on specific invoices 4DCA 787a
Interest--Prejudgment--Quantum meruit 4DCA 787a
Joint venture agreement--Oral agreement--Agreement to agree 4DCA 774a
Joint venture agreement--Oral agreement--Statute of frauds 4DCA 774a
Jurisdiction--Forum selection clause--Mandatory clause 5DCA 911b
Jurisdiction--Non-residents--Breach of noncompetition covenant--Contacting of out-of-state customers 4DCA 940a
Jurisdiction--Non-residents--Breach of partnership agreement--Absence of general or specific jurisdiction under long arm statute 5DCA 911b
Jurisdiction--Non-residents--Minimum contacts--Defendants availing themselves of privilege of doing business in state and reasonably anticipating being haled into courts in state 3DCA 890a
Jurisdiction--Non-residents--Operating, conducting, engaging in, or carrying on business or business venture in state 3DCA 890a
Jury trial--Damages--Unliquidated 3DCA 412a
Leases--Attorney's fees--Prevailing party--Action to enforce provisions of rental agreement 5DCA 1198a
Leases--Commercial--Damages--Anticipated profits--Prejudgment interest--Fixed date of loss 4DCA 671a
Leases--Commercial--Enforceability--Absence of two subscribing witnesses--Estoppel 4DCA 782a; 4DCA 1308a
Leases--Commercial--Enforceability--Term exceeding one year--Absence of two subscribing witnesses--New/renewal lease 4DCA 782a; 4DCA 1308a
Leases--Purchase option--Specific performance--Eligibility--Default by lessee--Default status at time lessee notified lessor of intent to exercise option--Factual issue 3DCA 1131b
Limitation of actions--Determination by arbitrator 4DCA 3b
Loan participation agreement--Lead lender's failure to consult with participant regarding liquidation of property after foreclosure 5DCA 485f
Marketing agreement--Sale of business and land--Enforceability of brokerage agreement--Essential terms not agreed upon 4DCA 199a
Medical staffing--Emergency room physicians--Physician incentives--Calculation--Dispute between physicians and staffing company--Class action--Certification--Individual issues predominating over common issues 4DCA 880a
Mutual assent--Sheriff's general order implementing internal policy of paying for health insurance of retired employees 5DCA 626a
Mutuality of obligations--Lack of mutuality of obligations--Cure--Performance of contract 3DCA 252a
Noncompetition covenant--Arbitration--Arbitrable issues 4DCA 999a
Noncompetition covenant--Breach by employee--Damages--Lost profits--Deductions--Overhead expenses 4DCA 1111d
Noncompetition covenant--Breach by employee--Damages--Lost profits--Loss of advertising revenues following radio personality's employment by competitor--Causal relationship between employee's breach and lost profits--Sufficiency of evidence 4DCA 1111d
Noncompetition covenant--Jurisdiction--Non-resident--Breach of agreement by contacting out-of-state clients 4DCA 940a
Noncompetition covenant--Termination of franchise for failure to cure breaches relating to operating competing businesses--Arbitration--Intent to arbitrate issue 4DCA 999a
Oral--Enforceability--Illegal scheme between plaintiff and developer to defraud lenders by providing fake contracts for sale of property 4DCA 612a
Oral--Statute of frauds--Agreement not to be performed within one year--Joint venture agreement 4DCA 774a
Oral--Statute of frauds--Real property conveyance--Oral extension of due diligence period 4DCA 774a
Oral--Statute of frauds--Real property conveyance--Oral extension of due diligence period--Estoppel 4DCA 774a
Parol evidence--Real property sale--Oral extension of due diligence period 4DCA 774a
Partnership agreement--Jurisdiction--Non-residents 5DCA 911b
Public works--Breach by government--Damages--Home office overhead--Government-imposed delay requiring contractor to indefinitely stand by to point that contractor was effectively suspended and unable to take on additional work 4DCA 1057a
Real estate brokers and salespersons--Agreement for broker to retain additional 25 percent of commissions earned by agents after termination to cover costs of bringing transactions to closure--Ambiguities 2DCA 584a
Real estate brokers and salespersons--Commission--Essential terms of sales agreement not agreed upon 4DCA 199a
Real property sale--Arbitration--Enforceability of arbitration clause--Provision contained in home warranty that was expressly incorporated into contract executed by parties 2DCA 372a
Real property sale--Contingency--Appraisal valuing property at no less than specified sum--Conflicting appraisals 2DCA 984a
Real property sale--Deposit--Return to buyer--Purchaser of residential parcel subject to requirement of membership in homeowners association--Failure to provide statutorily-required disclosures--Waiver--Actual knowledge of information contained in disclosures 4DCA 1293a
Real property sale--Due diligence--Extension of period--Oral extension--Contract requiring that modifications be in writing--Purchaser's reliance on extension to pursue joint venture which parties to contract were pursuing 4DCA 774a
Real property sale--Due diligence--Extension of period--Oral extension--Parol evidence 4DCA 774a
Real property sale--Due diligence--Extension of period--Oral extension--Statute of frauds 4DCA 774a
Real property sale--Due diligence--Extension of period--Oral extension--Statute of frauds--Estoppel 4DCA 774a
Real property sale--Interstate Land Sales Full Disclosure Act--Exemptions--Obligation to complete construction within two years--Conditional obligation 2DCA 284a; 4DCA 337c; 2DCA 1141c
Real property sale--Interstate Land Sales Full Disclosure Act--Exemptions--Obligation to complete construction within two years--Illusory obligation 4DCA 337c
Real property sale--Lease with purchase option--Specific performance--Eligibility--Default by lessee--Default status at time lessee notified lessor of intent to exercise option--Factual issue 3DCA 1131b
Real property sale--Option to purchase--Option agreement executed contemporaneously with commercial lease--Enforceability 3DCA 1000a
Real property sale--Rescission--Interstate Land Sales Full Disclosure Act--Exemptions--Factual issue 2DCA 1358a
Real property sale--Rescission--Interstate Land Sales Full Disclosure Act--Failure to provide written property report--Exemptions--Factual issue 2DCA 1358a
Real property sale--Rescission--Interstate Land Sales Full Disclosure Act violation--Exemptions--Obligation to complete construction within two years--Conditional obligation 2DCA 284a; 2DCA 1141c
Real property sale--Rescission--Interstate Land Sales Full Disclosure Act violation--Failure to provide purchaser with property report 4DCA 337c
Real property sale--Rescission--Purchaser of residential parcel subject to requirement of membership in homeowners association--Failure to provide statutorily-required disclosures--Cure--Exemption from payment of assessments relating to homeowners association 4DCA 1293a
Real property sale--Rescission--Purchaser of residential parcel subject to requirement of membership in homeowners association--Failure to provide statutorily-required disclosures--Waiver--Actual knowledge of information contained in disclosures 4DCA 1293a
Real property sale--Return of deposit--Arbitration--Enforceability of arbitration clause--Failure to designate rules which would govern arbitration 4DCA 3b
Real property sale--Return of deposit--Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Absence of disparity between parties' education, age, or competency 4DCA 3b
Real property sale--Return of deposit--Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Commercial transaction between sophisticated parties 4DCA 3b
Real property sale--Return of deposit--Limitation of actions--Determination by arbitrator 4DCA 3b
Real property sale--Return of deposit--Summary judgment--Granting of motion for release of escrow funds--Absence of sworn evidence to support motion 3DCA 547b
Real property sale--Specific performance--Agreement containing liquidated damages provision for failure to perform 1DCA 1364b
Real property sale--Specific performance--Contract which had been superceded by subsequent contract--Sua sponte amendment of pleadings to substitute later contract for contract specified in pleadings 2DCA 320a
Real property sale--Specific performance--Ready, willing, and able purchaser--Purchaser having binding commitment to obtain necessary funding from Colombian bank 3DCA 845a
Real property sale--Termination by purchaser during due diligence period--Orally extended due diligence period 4DCA 774a
Real property sale--Third party beneficiaries--Third party not relying on purchase agreement when it refrained from contesting rezoning of seller's property 1DCA 1364b
Res judicata--Splitting of causes of action--Successive suits for breach of indivisible contract 1DCA 864c
Rescission--Real property sale--Interstate Land Sales Full Disclosure Act--Exemptions--Factual issue 2DCA 1358a
Rescission--Real property sale--Interstate Land Sales Full Disclosure Act--Failure to provide written property report--Exemptions--Factual issue 2DCA 1358a
Rescission--Real property sale--Interstate Land Sales Full Disclosure Act violation--Exemptions--Obligation to complete construction within two years--Conditional obligation 2DCA 284a; 2DCA 1141c
Rescission--Real property sale--Interstate Land Sales Full Disclosure Act violation--Failure to provide purchaser with property report 4DCA 337c
Rescission--Real property sale--Purchaser of residential parcel subject to requirement of membership in homeowners association--Failure to provide statutorily-required disclosures--Cure--Exemption from payment of assessments relating to homeowners association 4DCA 1293a
Rescission--Real property sale--Purchaser of residential parcel subject to requirement of membership in homeowners association--Failure to provide statutorily-required disclosures--Waiver--Actual knowledge of information contained in disclosures 4DCA 1293a
Road construction--Breach by Department of Transportation--Res judicata--Prior judgment for separate breach of contract following failure of dispute review process--Indivisible contract 1DCA 864c
Sale of stock--Specific performance--Stock having decreased in value since time of breach 3DCA 738a
Settlement agreement--Breach by Birth-Related Neurological Injury Compensation Plan--Refusal to execute documents necessary for structured settlement--Obligation to execute documents--Factual issue 2DCA 493a
Settlement agreement--Breach by party--Vacation of agreement and reinstatement of original action 3DCA 1088a
Settlement agreement--Default--Interest--Prejudgment--Evidentiary hearing--Settlement agreement not specifying method of calculating prejudgment interest in event of default 2DCA 2b
Settlement agreement--Default--Waiver--Acceptance of late payment on which default was based 2DCA 2b
Settlement agreement--Enforcement--Consideration of intent of agreement 3DCA 1006a
Settlement agreement--Jurisdiction--Forum selection clause--Mandatory clause 5DCA 911b
Severance--Overlapping and intertwined claims--Claims against contractor, surety, and third party defendants 3DCA 546c
Sheriffs--Action alleging that sheriff breached contracts by paying detention deputies who worked 8 1/2 hour shifts for only 8 hours--Class action 2DCA 527a
Sheriffs--General order--Internal policy of paying for health insurance of retired employees--Absence of offer and acceptance or mutual assent 5DCA 626a
Single premium credit insurance purchased on mortgages--Excessive charges--Limitation of actions--Tolling--Making of mortgage payments 1DCA 539b
Specific performance--Delivery of shares of stock--Stock having decreased in value since time of breach 3DCA 738a
Specific performance--Purchase option--Eligibility--Default by lessee--Default status at time lessee notified lessor of intent to exercise option--Factual issue 3DCA 1131b
Specific performance--Real property sale--Agreement containing liquidated damages provision for failure to perform 1DCA 1364b
Specific performance--Real property sale--Contract which had been superceded by subsequent contract--Sua sponte amendment of pleadings to substitute later contract for contract specified in pleadings 2DCA 320a
Specific performance--Real property sale--Ready, willing, and able purchaser--Purchaser having binding commitment to obtain necessary funding from Colombian bank 3DCA 845a
Splitting of causes of action--Successive suits for breach of indivisible contract 1DCA 864c
Statute of frauds--Agreement not to be performed within one year--Joint venture agreement 4DCA 774a
Statute of frauds--Real property conveyance--Commercial lease--Term exceeding one year--Two subscribing witnesses--New/renewal lease 4DCA 782a; 4DCA 1308a
Statute of frauds--Real property conveyance--Oral extension of due diligence period 4DCA 774a
Statute of frauds--Real property conveyance--Oral extension of due diligence period--Estoppel 4DCA 774a
Third party beneficiaries--Real property sale--Third party not relying on purchase agreement when it refrained from contesting rezoning of seller's property 1DCA 1364b
Third-party beneficiaries--Intent to benefit third party 4DCA 295a
Time share exchange services--Automatic renewal of agreement 3DCA 252a
Time share exchange services--Mutuality of obligations--Lack of mutuality--Cure--Performance of contract 3DCA 252a
Time share exchange services--Mutuality of obligations--Reservation of right to modify terms and conditions of interval network--Other contractual duties not affected by modifications 3DCA 252a
Trial and jury consultant--Unpaid fees--Recovery from estate in adversary proceeding in probate court 2DCA 1094a
Venue--Forum selection clause--Clause placed in section entitled "Default"--Action not a default payment case 3DCA 604c
CORPORATIONS
Dissolved--Foreign corporation--Standing of dissolved foreign corporation to file complaint in intervention 2DCA 701a
Foreign--Dissolved foreign corporation--Standing to file complaint in intervention 2DCA 701a
Piercing corporate veil--Parent and subsidiary operating as alter egos 3DCA 175a; 3DCA 1005c
Piercing corporate veil--Parent's use of subsidiary for improper purpose 3DCA 175a; 3DCA 1005c
Service of process--Neither summons nor return of service stating that corporation was served or that individual was being served as registered agent or corporate officer of corporation 3DCA 460a
COSTS
Amount greater than amount requested 1DCA 592e
Overhead costs 5DCA 102a
COUNTIES
Charter--Amendment--Election requirements--Conflict with Florida Election Code SCO 101a
Charter--Amendment--Election requirements--Preemption by Florida Election Code SCO 101a
Contracts--Construction and improvements at county park--Breach by county--Damages--Home office overhead--Government-imposed delay requiring contractor to indefinitely stand by to point that contractor was effectively suspended and unable to take on additional work 4DCA 1057a
Contracts--Settlement agreement--Agreement allowing company which operated cement pre-casting facility to bring company into compliance with permitting requirements within reasonable time--Enforcement of agreement 3DCA 1006a
Development orders--Inconsistency with comprehensive plan--Declaratory or injunctive relief--Timeliness of complaint--Commencement of period--Rendition of order--Filing with employee of clerk's office whose duties included those of records clerk 1DCA 1012b
Development orders--Inconsistency with comprehensive plan--Standing to challenge--Recreational interests in natural resources of affected area 1DCA 1249b
Development orders--Inconsistency with comprehensive plan--Wetlands--Density adjustments based on official jurisdictional wetlands determination 1DCA 1249b
Elections--Charter amendment detailing election requirements to be implemented in county--Conflict with Florida Election Code SCO 101a
Elections--Charter amendment detailing election requirements to be implemented in county--Preemption by Florida Election Code SCO 101a
Eminent domain--Inverse condemnation--Limitation of actions--Commencement of period--Regulatory taking as result of county's adoption of new land use plan--Administrative appeal of county's denial of application for building permit 3DCA 26a
Employees--Dismissal--Police officers--Misconduct--Notice of possibility of discharge within 180 days after police department received notice of misconduct--Tolling of period--Criminal investigation of misconduct pending 3DCA 506b
Employees--School boards--Dismissal--Hearing--Order recommending that charges be dismissed--Failure to provide remedy of reinstatement with back pay 3DCA 189c
Employees--School boards--Dismissal--Hearing--Recommended order--Exceptions--Failure to address 3DCA 189c
Employees--School boards--Retirement--In-line-of-duty disability benefits--Total and permanent disability--Non-vested employee 5DCA 74a
Ordinances--Prohibition of convicted sexual offenders from residing within 2500 feet of school--State preemption 3DCA 1121a
Ordinances--State preemption--Prohibition of convicted sexual offenders from residing within 2500 feet of school 3DCA 1121a
Police officers--Dismissal for misconduct--Notice of possibility of discharge within 180 days after police department received notice of misconduct--Tolling of period--Criminal investigation of misconduct pending 3DCA 506b
School boards--Employees--Dismissal--Hearing--Order recommending that charges be dismissed--Failure to provide remedy of reinstatement with back pay 3DCA 189c
School boards--Employees--Dismissal--Hearing--Recommended order--Exceptions--Failure to address 3DCA 189c
School boards--Employees--Retirement--In-line-of-duty disability benefits--Total and permanent disability--Non-vested employee 5DCA 74a
School boards--Students--Expulsion--Consumption of alcohol at home before coming to school 5DCA 918b
School boards--Wrongful death--Student killed while en route to bus stop--School board's liability--Bus stop located on busy roadway 4DCA 559a
School boards--Wrongful death--Student killed while en route to bus stop--School board's liability--Student redirected to bus stop across busy road in order to avoid problems student was having on original bus 4DCA 559a
Sheriffs--Attorney's fees--Sheriff's liability for fees incurred in successfully defending deputy sheriff against criminal charges arising out of assigned duties--Deputy hiring own counsel without first requesting that sheriff provide him counsel 4DCA 560a
Sheriffs--Contracts--Action alleging that sheriff breached contracts by paying detention deputies who worked 8 1/2 hour shifts for only 8 hours--Class action 2DCA 527a
Sheriffs--Contracts--General order--Internal policy of paying for health insurance of retired employees--Absence of offer and acceptance or mutual assent 5DCA 626a
Sheriffs--Torts--Immunity--Absolute--Defamation and interference with business relationship--Submission of written form to Florida Department of Law Enforcement in accurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Torts--Sheriffs--Immunity--Absolute--Defamation and interference with business relationship--Submission of written form to Florida Department of Law Enforcement in accurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Wrongful death--Fracture suffered while being transported in ambulance by county's paramedics--Res ipsa loquitur 2DCA 812a
Wrongful death--School boards--Student killed while en route to bus stop--School board's liability--Bus stop located on busy roadway 4DCA 559a
Wrongful death--School boards--Student killed while en route to bus stop--School board's liability--Student redirected to bus stop across busy road in order to avoid problems student was having on original bus 4DCA 559a
CREDITORS' RIGHTS
Discovery in aid of execution--Deposition--Failure to appear--Sanctions--Relationship between sanction and expenses caused by failure to appear 1DCA 792a
Discovery in aid of execution--Failure to comply--Sanctions--Retrospective--Payment to judgment creditor--Absence of finding of contempt 1DCA 792a
Discovery in aid of execution--Failure to comply with order requiring debtors to file fact information sheets--Contempt--Sanctions--Retrospective--Relationship to damages caused by failure to comply with court order 1DCA 792a
Execution--Levy and sale of real property--Due process--Notice to third-party purchaser 4DCA 550a
Execution--Limited liability companies--Execution on interest in single-member LLC SCO 357a
Foreign judgments--Enforcement--Foreign state's judgment for individual income tax liability 5DCA 1263a
Foreign judgments--Recognition--Out-of-Country Foreign Money-Judgment Recognition Act--Jurisdiction of foreign court--Minimum contacts 1DCA 1132c
Garnishment--Dissolution of writ--Attorney's fees--Writ not supported by material facts or application of law to material facts 3DCA 1084a
Judgment--Execution--Levy and sale of real property--Due process--Notice to third-party purchaser 4DCA 550a
Judgment--Execution--Limited liability companies--Execution on interest in single-member LLC SCO 357a
Judgment--Foreign--Enforcement--Foreign state's judgment for individual income tax liability 5DCA 1263a
Judgment--Foreign--Recognition--Out-of-Country Foreign Money-Judgment Recognition Act--Jurisdiction of foreign court--Minimum contacts 1DCA 1132c
Piercing corporate veil--Parent and subsidiary operating as alter egos 3DCA 175a; 3DCA 1005c
Piercing corporate veil--Parent's use of subsidiary for improper purpose 3DCA 175a; 3DCA 1005c
Proceedings supplementary--Injunction--Prohibition of disbursement of proceeds of closing of sales of condominium units by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a; 3DCA 1005c
Proceedings supplementary--Judgment allowed to operate as lien on property owned by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a; 3DCA 1005c
Proceedings supplementary--Trust assets--Assets not yet distributed to judgment debtor/trust beneficiary 4DCA 996b
Supplementary proceedings--Injunction--Prohibition of disbursement of proceeds of closing of sales of condominium units by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a; 3DCA 1005c
Supplementary proceedings--Judgment allowed to operate as lien on property owned by judgment debtor's subsidiary--Piercing corporate veil 3DCA 175a; 3DCA 1005c
Supplementary proceedings--Trust assets--Assets not yet distributed to judgment debtor/trust beneficiary 4DCA 996b
DECLARATORY JUDGMENTS
Counties--Development orders--Inconsistency with comprehensive plan--Timeliness of complaint--Commencement of period--Rendition of order--Filing with employee of clerk's office whose duties included those of records clerk 1DCA 1012b
Mootness--Power of attorney--Action seeking declaration that power of attorney was void--Dismissal of action as moot after renunciation of power of attorney 3DCA 1087a
Rights and duties under city ordinance--Exhaustion of administrative remedies 1DCA 1364b
DEPENDENT CHILDREN
Abandonment--Termination of parental rights--Sufficiency of evidence 1DCA 1163a
Abuse--Prospective--Termination of parental rights--Evidence--Abuse of sibling--Death of child as result of severe abuse when parents were the only caregivers--Delay in seeking medical attention when sibling was injured and virtually non-responsive as result of head trauma 5DCA 263b
Appeals--Abatement--Death of parent before appeal of order terminating parental rights could be submitted to appellate court--Vacation of abatement 4DCA 1181b
Appeals--Standing--Grandparent--Nonparty 4DCA 1068a
Appeals--Termination of parental rights--Death of parent before appeal of order could be submitted to appellate court--Abatement of appeal--Vacation of abatement 4DCA 1181b
Attorney's fees--Appointed counsel--Parent--Payment of fees by Justice Administrative Commission--Improper appointment--Parent voluntarily surrendering rights to child 2DCA 975a
Attorney's fees--Appointed counsel--Parent--Payment of fees by Justice Administrative Commission--Parent failing to appear 5DCA 362a; 5DCA 991b
Case plan--Failure to substantially comply--Drug and alcohol addiction treatment--Termination of parental rights--Absence of potential for future improvement--Necessity to prove 1DCA 907a
Case plan--Failure to substantially comply--Permanent guardianship--Order--Explanation of why reunification was not possible 4DCA 398a
Case plan--Failure to substantially comply--Termination of parental rights--Case plan which was approved by court and relied upon by parties but not filed in court file 2DCA 635a
Case plan--Failure to substantially comply--Termination of parental rights--Failure to complete referrals for substance abuse and parenting 3DCA 1077a
Case plan--Failure to substantially comply--Termination of parental rights--Father making determined effort to rehabilitate himself 5DCA 759a
Case plan--Modification--New domestic violence incident in presence of children--Notice and opportunity to be heard 5DCA 212c
Case plan--Modification--Notice to parent--Necessity 5DCA 212c
Consent--Failure to personally appear at pre-trial conference--Appearance of counsel 5DCA 522b
Consent--Mediated settlement agreement--Knowing and voluntary consent 1DCA 535a
Consent--Termination of parental rights--Consent to allegations of petition which alleged, among other things, threat to child's life, safety, or health regardless of provision of services 2DCA 1258f
Counsel--Appointment of counsel for child--Jurisdiction--Appeals of other orders pending--Concurrent jurisdiction 3DCA 155a
Counsel--Ineffectiveness--Termination of parental rights 2DCA 946a
Death of parent--Death occurring after termination of parental rights but before appeal of order could be submitted to appellate court--Abatement of appeal--Vacation of abatement 4DCA 1181b
Domestic violence--Presence of children--Modification of case plan based on new incident of domestic violence--Notice and opportunity to be heard 5DCA 212c
Hearings--Presence of child--Refusal to require--Expert testimony that appearance would be detrimental to child 4DCA 779b
Hearings--Shelter order--Necessity of removing child from parent's home 4DCA 453a
Incarcerated parent--Termination of parental rights 4DCA 779b
Jurisdiction--Appointment of counsel for child--Appeals of other orders pending--Concurrent jurisdiction 3DCA 155a
Placement--Out-of-state placement with mother--Absence of home study 2DCA 1158a
Placement--Out-of-state placement with mother--Consent of appropriate public authorities of foreign state 2DCA 1158a
Placement--Out-of-state placement with mother--Interstate Compact on Placement of Children Act 2DCA 1158a
Placement--Permanent guardianship--Failure of parent to complete case plan to agency's satisfaction 4DCA 398a
Placement--Permanent guardianship--Order--Explanation of why reunification was not possible 4DCA 398a; 5DCA 363a
Placement--Permanent guardianship--Order--Written--Findings that reunification would be detrimental to child's physical, mental, or emotional health 4DCA 398a
Placement--Permanent placement with nonoffending parent--Offending parent's substantial compliance with case plan having goal of reunification 5DCA 629d
Placement--Permanent placement with nonoffending parent--Order--Explanation of why reunification with offending parent was not possible 5DCA 629d
Pre-trial conference--Failure to personally appear--Consent to dependency--Appearance of counsel 5DCA 522b
Shelter order--Abuse, neglect, or abandonment--Probable cause--Failure to demonstrate 4DCA 12a
Shelter order--Failure of Department of Children and Family Services to offer services to mother in effort to prevent or eliminate need for removal and placement of child in shelter 4DCA 12a
Shelter order--Necessity of removing child from parent's home--Evidentiary hearing 4DCA 453a
Shelter order--Notice to parent 3DCA 570a
Termination of parental rights--Abandonment--Sufficiency of evidence 1DCA 1163a
Termination of parental rights--Abuse--Prospective--Evidence--Abuse of sibling--Death of child as result of severe abuse when parents were the only caregivers--Delay in seeking medical attention when sibling was injured and virtually non-responsive as result of head trauma 5DCA 263b
Termination of parental rights--Appeals--Death of parent before appeal could be submitted to appellate court--Abatement of appeal--Vacation of abatement 4DCA 1181b
Termination of parental rights--Attorney's fees--Appointed counsel--Parent--Payment of fees by Justice Administrative Commission--Improper appointment--Parent voluntarily surrendering rights to child 2DCA 975a
Termination of parental rights--Attorney's fees--Appointed counsel--Parent--Payment of fees by Justice Administrative Commission--Parent failing to appear 5DCA 362a; 5DCA 991b
Termination of parental rights--Best interests of child 5DCA 759a; 1DCA 1163a; 4DCA 1181b
Termination of parental rights--Best interests of child--Death of parent before appeal of order terminating parental rights could be submitted to appellate court--Abatement of appeal--Vacation of abatement 4DCA 1181b
Termination of parental rights--Case plan--Failure to comply--Failure to complete referrals for substance abuse and parenting 3DCA 1077a
Termination of parental rights--Case plan--Failure to substantially comply--Case plan which was approved by court and relied upon by parties but not filed in court file 2DCA 635a
Termination of parental rights--Case plan--Failure to substantially comply--Drug and alcohol addiction treatment--Absence of potential for future improvement--Necessity to prove 1DCA 907a
Termination of parental rights--Case plan--Failure to substantially comply--Father making determined effort to rehabilitate himself 5DCA 759a
Termination of parental rights--Child placed in out-of-home care on three or more occasions--Absence of pleading 5DCA 910a
Termination of parental rights--Child placed in out-of-home care on three or more occasions--Retroactive application of statute--Appeals--Preservation of issue 1DCA 818d
Termination of parental rights--Consent 2DCA 1258f
Termination of parental rights--Consent--Revocation of consent--Consent form allowing father to withdraw consent any time before placement of child with adoptive parents 1DCA 930b
Termination of parental rights--Consent--Withdrawal--Knowing consent to termination and absence of fraud, duress, or undue influence 3DCA 847b
Termination of parental rights--Counsel--Appointed counsel for parent--Voluntary surrender of parental rights before termination proceedings initiated 5DCA 81a
Termination of parental rights--Counsel--Ineffectiveness 2DCA 946a
Termination of parental rights--Failure to identify father or to determine whether anyone had registered with Putative Father Register 5DCA 809a
Termination of parental rights--Failure to provide financial support or adequate housing or medical care for child 3DCA 1077a
Termination of parental rights--Incarcerated parent 4DCA 779b
Termination of parental rights--Least restrictive means 5DCA 759a; 3DCA 1077a
Termination of parental rights--Least restrictive means--Relevance--Consent by parent to termination of rights 2DCA 1258f
Termination of parental rights--Mentally impaired parent--Intellectual deficits of parent resulting in physical and psychological harm to children 3DCA 1077a
Termination of parental rights--Statutory basis 3DCA 255a
Termination of parental rights--Threat to child's life, safety, or health as result of continued parent-child relationship--Consent of parent to allegations of petition 2DCA 1258f
Termination of parental rights--Threat to child's life, safety, or health as result of continued parent-child relationship--Sufficiency of evidence--Appeals--Preservation of issue 1DCA 818d
Visitation--Non-relatives--Person who served as guardian of children prior to reunification with parent 3DCA 50a
DEVELOPMENTAL DISABILITIES
Involuntary admission to residential services--Person who is likely to physically injure others if allowed to remain at liberty--Sufficiency of evidence 2DCA 423b
DISSOLUTION OF MARRIAGE
Alimony--Ability to pay--Income--Temporary reduction in obligor's income 1DCA 1380c
Alimony--Amount--Considerations--Child's expenses--Duplication of child support award 2DCA 1313b
Alimony--Amount--Discrepancy between amount awarded and findings of need 4DCA 194a
Alimony--Child's expenses--Double counting 2DCA 1313b
Alimony--Considerations--Concurrent award of lump sum alimony 3DCA 134a
Alimony--Considerations--Duration of marriage--Fifteen-year marriage 1DCA 1380c
Alimony--Duration of marriage--Fifteen-year marriage 1DCA 1380c
Alimony--Failure to pay--Contempt--Purge provision--Ability to comply--Access to sister's business account and previous assistance provided by family 3DCA 894a
Alimony--Findings 1DCA 963a
Alimony--Income--Annuity payments from principal 3DCA 846b
Alimony--Income--Bonuses--Annual bonus received each year for past nine years 2DCA 424a
Alimony--Income--Conflicting evidence--Reliance on amounts in sworn financial affidavit rather than amounts testified to at evidentiary hearing 2DCA 1313b
Alimony--Income--Deductions--Business expenses--Ordinary and necessary expenses 1DCA 1158b
Alimony--Income--Findings--Range between $7,000 and $12,000 a month 5DCA 483a
Alimony--Income--Imputed income--Absence of evidence of employability, current job market, or prevailing earnings level in community 3DCA 462a
Alimony--Income--Imputed income--Amount--Sufficiency of evidence 3DCA 1002a
Alimony--Income--Imputed income--Gifts from wife's parents--Gifts not continuing and ongoing 3DCA 462a
Alimony--Income--Imputed income--Underemployment or concealment of income 3DCA 1002a
Alimony--Income--Income on liquid assets 2DCA 1034a
Alimony--Income--Investment income 3DCA 846b
Alimony--Income--Overtime pay and income from part-time employment in secondary job 2DCA 1316b
Alimony--Income--Reduction--Voluntarily incurred debt 3DCA 462a
Alimony--Income--Reverse mortgages 3DCA 846b
Alimony--Income--Voluntary contributions to investment property and 401(k) plan 2DCA 1316b
Alimony--Lump sum--Husband's history of unfair unilateral financial decisions, waste, and reluctance to work 2DCA 1217a
Alimony--Lump sum--Prepayment for next five years worth of wife's needs--Reduction of amount to present value 2DCA 1217a
Alimony--Lump sum--Reimbursement for premarital funds invested in marital home and lost as result of husband's failure to comply with order requiring him to pay mortgage while dissolution litigation was pending 1DCA 378b
Alimony--Modification--Amendment of claim--Written stipulation--Absence of leave of court 5DCA 849c
Alimony--Modification--Amount--Modified award neither exceeding nor virtually depleting former husband's income 1DCA 1158b
Alimony--Modification--Change in circumstances--Recipient earning more than obligor 1DCA 598a
Alimony--Modification--Change in circumstances--Reduction in income 2DCA 875a
Alimony--Modification--Conversion of rehabilitative alimony to permanent alimony--Initial judge in case declining to award permanent alimony 5DCA 849c
Alimony--Modification--Extension of rehabilitative alimony--Withdrawal of claim by stipulation 5DCA 849c
Alimony--Modification--Income--Deductions--Business expenses--Ordinary and necessary expenses 1DCA 1158b
Alimony--Modification--Prospective--Determination that alimony award would cease upon receipt of spouse's retirement--Retirement benefit awarded as part of equitable distribution 1DCA 589a
Alimony--Modification--Prospective--Factual findings--Sufficiency 1DCA 589a
Alimony--Modification--Reduction in income--Calculation of reduction--Averaging of amounts arrived at by four different methods 2DCA 529a
Alimony--Modification--Retroactive--Failure to specify that reduction was to apply retroactively--Relief from judgment 4DCA 1234c
Alimony--Modification--Retroactive--Failure to specify that reduction was to apply retroactively--Waiver of issue 4DCA 1234c
Alimony--Modification--Settlement agreement--Agreement based on projected income which has not been achieved 3DCA 462a
Alimony--Modification--Settlement agreement--Reduction in income 2DCA 529a
Alimony--Modification--Supportive relationship 1DCA 963a
Alimony--Need--Absence of finding 5DCA 483a
Alimony--Need--Consideration of income available to wife from liquid assets received as part of equitable distribution 2DCA 1217a
Alimony--Need--Excess of need--Award including child's expenses which had already been accounted for in child support award 2DCA 1313b
Alimony--Nominal--Husband temporarily unemployed 3DCA 1075a
Alimony--Overpayment--Repayment--Clerk's audit--Opportunity to address and raise objections to audit 5DCA 167a
Alimony--Rehabilitative--Conversion to permanent alimony--Initial judge in case declining to award permanent alimony 5DCA 849c
Alimony--Rehabilitative--Cost of proposed training 2DCA 1034a
Alimony--Rehabilitative--Extension--Withdrawal of claim by stipulation 5DCA 849c
Alimony--Retroactive--Consideration of wife's use of husband's share of assets to support herself 2DCA 1217a
Alimony--Security--Lien on premarital real property--Findings--Intent to secure arrearages at time of obligor's death or to secure future payments in order to minimize future economic harm to family 1DCA 858c
Alimony--Security--Lien on premarital real property--Special circumstances 1DCA 858c
Alimony--Security--Life insurance--Availability, cost, ability to pay, and circumstances justifying requirement--Absence of findings 5DCA 1138a
Alimony--Security--Life insurance--Cost, amount, and availability--Absence of evidence 3DCA 1002a
Alimony--Security--Life insurance--Insurability and cost--Absence of evidence 2DCA 478c
Alimony--Source--Assets awarded in equitable distribution scheme 5DCA 628a
Alimony--Tax consequences 2DCA 1034a
Alimony--Temporary--Increase--Treatment for serious illness affecting recipient's ability to work 2DCA 430b
Alimony--Transitional--Mortgage payments on marital home 2DCA 1316b
Alimony--Unreasonable financial obligation 2DCA 478c
Annuity--Settlement agreement--Wife's waiver of interest in annuity payments during husband's lifetime--Effect on rights in annuity upon death of husband 2DCA 921b
Annulment--Survival after annulment of settlement agreement resolving action to enforce provisions of divorce decree which had been entered before annulment 2DCA 480a
Appeals--Attorney's fees--Non-final, incomplete, and unclear order 4DCA 554a
Appeals--Attorney's fees--Premature appeal--Award of fees without determination of amount 2DCA 177a; 2DCA 586a; 2DCA 1213a
Appeals--Child support--Retroactive--Counsel's agreement--Misinterpretation--Absence of transcript 4DCA 665a
Appeals--Non-final orders--Reservation of jurisdiction to determine which item of husband's property would be subject to lien to secure wife's alimony 4DCA 333a
Appeals--Temporary support--Absence of transcript 2DCA 537a
Appeals--Timeliness--Tolling--Untimely motion for rehearing 5DCA 74b
Appeals--Transcript--Absence 2DCA 319a
Appeals--Transcript--Absence--Error apparent on face of order--Award of attorney's fees without requisite findings 2DCA 537a
Attorney's fees--Ability to pay--Absence of competent, substantial evidence 2DCA 474b
Attorney's fees--Ability to pay--Consideration of all assets and sources of income 2DCA 1316b
Attorney's fees--Ability to pay--Findings 1DCA 98b; 4DCA 839b
Attorney's fees--Appeals--Non-final, incomplete, and unclear order 4DCA 554a
Attorney's fees--Appeals--Premature--Award of fees without determination of amount 2DCA 177a; 2DCA 586a; 2DCA 1213a
Attorney's fees--Appellate 2DCA 430b; 5DCA 485b
Attorney's fees--Appellate--Appeal concerning amount of temporary attorney's fees awarded by trial court 2DCA 1045a
Attorney's fees--Award to wife where case went to trial solely on basis of wife's false claim of entitlement to alimony 3DCA 643a
Attorney's fees--Charging lien--Premature lien 4DCA 552a
Attorney's fees--Child custody modification--Applicable standard--General family law--Neither party claiming default or breach of agreement 4DCA 839b
Attorney's fees--Child custody modification--Visitation--Applicable standard--Prevailing party/general family law 4DCA 839b
Attorney's fees--Child custody modification--Voluntary dismissal--Applicable standard--Prevailing party--Modification petition based on default and breach of agreement 4DCA 839b
Attorney's fees--Equitable distribution leaving parties in equal financial positions 5DCA 1138a
Attorney's fees--Financial positions of parties 1DCA 1158b
Attorney's fees--Findings 4DCA 839b
Attorney's fees--Findings--Absence--Appeals--Transcript--Absence--Error apparent on face of order 2DCA 537a
Attorney's fees--Husband who absconded for four months in midtrial--Payment of fees to wife's counsel for post-absconding legal work--Settlement agreement providing for each party to pay own attorney's fees 3DCA 642b
Attorney's fees--Misconduct--Findings 5DCA 1138a
Attorney's fees--Need--Findings 4DCA 839b
Attorney's fees--Post-judgment litigation--Time spent litigating reasonableness and amount of attorney's fees incurred in post-judgment litigation 4DCA 554a
Attorney's fees--Settlement agreement--Agreement providing for each party to pay own attorney's fees--Husband who absconded for four months in midtrial--Payment of fees to wife's counsel for post-absconding legal work 3DCA 642b
Attorney's fees--Short-term marriage 3DCA 643a
Attorney's fees--Stipulation--Award less than stipulated amount--Findings 2DCA 1141b
Attorney's fees--Temporary 2DCA 1034a
Attorney's fees--Temporary--Reasonableness of hourly rate and number of hours expended--Findings 2DCA 1045a
Attorney's fees--Time spent litigating fees 4DCA 554a
Business--Equitable distribution--Closely-held corporation--Valuation--Evidence--Letter of intent to purchase business 5DCA 573a
Business--Equitable distribution--Closely-held corporation--Valuation--Speculative value 5DCA 573a
Business--Equitable distribution--Valuation--Medical partnership--Stock subject to restrictive transfer covenants in shareholders' agreement--Net value approach 4DCA 194a
Business--Equitable distribution--Valuation--Rehearing--Newly discovered evidence--Post-valuation decline in value as result of economic recession 1DCA 418a
Child custody--Environment--Standard--Elimination of wife from consideration as primary residential parent because she could not afford to retain marital home on her income 2DCA 1316b
Child custody--Jurisdiction--Uniform Child Custody Jurisdiction and Enforcement Act--Home state of child 1DCA 545b
Child custody--Modification--Change in circumstances--Absence of showing 5DCA 1137a
Child custody--Modification--Change in circumstances--Husband's change of employment and relocation--Relocation not a significant distance away from child's current location 2DCA 367c
Child custody--Modification--Rotating custody to primary residential custody--Jurisdiction--Petition for primary residence not before court at time of hearing 2DCA 165b
Child custody--Modification--Time-sharing and parenting plan--Refusal to honor plan without cause--Revision of visitation schedule--Best interests of child 4DCA 504a
Child custody--Parenting coordination--Rules of procedure--Adoption of new rule SCO 76a
Child custody--Parenting coordination--Rules of procedure--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Child custody--Relocation of child--Best interests of child--Determination at time of final hearing SCO 38a
Child custody--Relocation of child--Future relocation--Prospective finding of best interests of child SCO 38a
Child custody--Relocation of child--Notice of intent--Timeliness 5DCA 571c
Child custody--Relocation of child--Return after relocation--Best interests of child 1DCA 339a
Child custody--Relocation with child--Agreement of parties--Proposed timesharing schedule 2DCA 699a
Child custody--Relocation with child--Timesharing schedule 2DCA 699a
Child custody--Relocation with children--Child who was 18 years of age at time of hearing 2DCA 834a
Child custody--Relocation with children--Sufficiency of evidence--Appeals--Absence of transcript 2DCA 834a
Child custody--Rotating custody--Presumption against rotating custody--Abolishment by legislature 3DCA 53b
Child custody--Sole parental responsibility--Shared parental responsibility detrimental to child--Absence of finding 5DCA 1138a
Child custody--Temporary--Modification--Change in circumstances--Absence of showing 5DCA 1137a
Child custody--Time-sharing and parental responsibility--Designation of mother as primary residential parent--Sufficiency of evidence 3DCA 53b
Child custody--Time-sharing and parenting plan--Failure to comply--Contempt 4DCA 504a
Child custody--Time-sharing and parenting plan--Failure to comply--Contempt--Judgment--Preparation by counsel--Opportunity for opposing party to object and make comments and modification of proposed order by judge 4DCA 504a
Child custody--Time-sharing and parenting plan--Refusal to honor plan without cause--Modification of plan--Visitation--Best interests of child 4DCA 504a
Child custody--Time-sharing and parenting plan--Refusal to honor plan without cause--Transportation costs and doctor's fees 4DCA 504a
Child custody--Timesharing--Requirement that father be personally present during all timesharing--Findings 1DCA 824c
Child custody--Visitation--Modification--Attorney's fees--Applicable standard--Prevailing party/general family law 4DCA 839b
Child custody--Visitation--Parent in foreign country--Elimination of bond to ensure return of child 3DCA 1197a
Child support--Child care expenses--Apportionment 2DCA 1145a
Child support--Child past age of majority--High school student--Termination of support--Agreement of parties to pay support until child graduated from high school, but not beyond child's nineteenth birthday 5DCA 1105b
Child support--Dental expenses--Uninsured expenses--Payment in proportion to parties' percentage share of child support obligation 2DCA 1145a
Child support--Education--Private school tuition--Ability to pay 4DCA 130a
Child support--Education--Private school tuition--Absence of pleading 4DCA 130a
Child support--Education--Private school tuition--Best interest of child--Absence of finding 4DCA 130a
Child support--Education--Private school tuition--Customary standard of living--Absence of finding 4DCA 130a
Child support--Failure to pay--Contempt--Ability to pay--Findings 4DCA 138a
Child support--Failure to pay--Contempt--Purge provision--Ability to comply--Access to sister's business account and previous assistance provided by family 3DCA 894a
Child support--Failure to pay--Contempt--Purge provision--Failure to provide 4DCA 138a
Child support--Income--Bonuses--Annual bonus received each year for past nine years 2DCA 424a
Child support--Income--Deductions--Alimony 3DCA 360a
Child support--Income--Failure to deduct periodic alimony from father's monthly income and add it to monthly income of mother 3DCA 360a
Child support--Income--Gifts--Financial gifts from husband's mother to children, historically made on annual basis 2DCA 327a
Child support--Income--Imputed income--Incarcerated parent 4DCA 878a
Child support--Income--Overtime pay and income from part-time employment in secondary job 2DCA 1316b
Child support--Income--Voluntary contributions to investment property and 401(k) plan 2DCA 1316b
Child support--Medical expenses--Uninsured expenses--Payment in proportion to parties' percentage share of child support obligation 2DCA 1145a
Child support--Modification--Ability to pay--Findings 2DCA 1145a
Child support--Modification--Absence of pleading 1DCA 816a
Child support--Modification--Income--Findings 2DCA 1145a
Child support--Modification--Reduction in income--Calculation of reduction--Averaging of amounts arrived at by four different methods 2DCA 529a
Child support--Modification--Relief not requested in pleadings 1DCA 1271b
Child support--Modification--Retroactive 2DCA 1145a
Child support--Modification--Retroactive--Date of dissolution judgment 3DCA 601a
Child support--Modification--Settlement agreement--Clear and unambiguous provision for husband to support adult disabled child as he "had done in the past" 3DCA 462a
Child support--Modification--Settlement agreement--Reduction in income 2DCA 529a
Child support--Overpayment--Repayment--Clerk's audit--Opportunity to address and raise objections to audit 5DCA 167a
Child support--Parenting coordination--Rules of procedure--Adoption of new rule SCO 76a
Child support--Parenting coordination--Rules of procedure--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Child support--Private school tuition--Ability to pay 4DCA 130a
Child support--Private school tuition--Absence of pleading 4DCA 130a
Child support--Private school tuition--Best interest of child--Absence of finding 4DCA 130a
Child support--Private school tuition--Customary standard of living--Absence of finding 4DCA 130a
Child support--Retroactive--Counsel's agreement--Misinterpretation--Appeals--Absence of transcript 4DCA 665a
Child support--Retroactive--Findings 2DCA 1316b
Child support--Security--Lien on premarital real property--Special circumstances 1DCA 858c
Child support--Security--Life insurance--Availability, cost, ability to pay, and circumstances justifying requirement--Absence of findings 5DCA 1138a
Child support--Split custody arrangement 4DCA 665a
Child support--Substantial amount of time spent with obligor--Failure to consider 2DCA 699a
Child support--Temporary--Amount of monthly stipend child has received from Seminole Tribe--Father to make up difference in event Tribe reduces stipend 2DCA 699a
Child support--Termination--Child attaining age of majority--High school student--Agreement of parties to pay support until child graduated from high school, but not beyond child's nineteenth birthday 5DCA 1105b
Contempt--Child custody--Time-sharing and parenting plan--Failure to comply 4DCA 504a
Contempt--Child support--Failure to pay--Ability to pay--Findings 4DCA 138a
Contempt--Child support--Failure to pay--Purge provision--Failure to provide 4DCA 138a
Contempt--Failure to execute quitclaim deed to marital home--Judgment not requiring execution of quitclaim deed 1DCA 930a
Contempt--Failure to pay alimony and child support--Purge provision--Ability to comply--Access to sister's business account and previous assistance provided by family 3DCA 894a
Contempt--Failure to pay support--Appeals--Law of the case--Determination that payments labeled "equitable distribution" in final judgment of dissolution of marriage were really meant as support--Reconsideration by successor judge presiding over contempt proceedings 4DCA 553a
Contempt--Failure to pay support--Purge provision--Ability to comply 4DCA 553a
Counsel--Disqualification--Documents protected by opponent's attorney-client privilege--Wife's disclosure to counsel of e-mail from husband to his attorney--Factual issues regarding husband's waiver of privilege, unfair advantage, or inequitable conduct 4DCA 192c
Dental expenses--Child--Uninsured expenses--Payment in proportion to parties' percentage share of child support obligation 2DCA 1145a
Discovery--Financial records--Non-party--Absence of showing of compelling need 5DCA 526c
Equitable distribution--Business--Closely-held corporation--Valuation--Evidence--Letter of intent to purchase business 5DCA 573a
Equitable distribution--Business--Closely-held corporation--Valuation--Speculative value 5DCA 573a
Equitable distribution--Business--Valuation--Medical partnership--Stock subject to restrictive transfer covenants in shareholders' agreement--Net value approach 4DCA 194a
Equitable distribution--Business--Valuation--Rehearing--Newly discovered evidence--Post-valuation decline in value as result of economic recession 1DCA 418a
Equitable distribution--Cash payment--Reimbursement for premarital funds invested in marital home and lost as result of husband's failure to comply with order requiring him to pay mortgage while dissolution litigation was pending 1DCA 378b
Equitable distribution--Certificate of deposit redeemed at time of prior dissolution action 5DCA 71c
Equitable distribution--Credits--Money withdrawn from bank account during dissolution proceedings--Reasonable living expenses 1DCA 598b
Equitable distribution--Equalizing payment--Paydowns of mortgages on marital home titled in husband's name--Consideration of same paydowns in award of lump sum alimony 3DCA 134a
Equitable distribution--Equalizing payment--Prejudgment interest 4DCA 623a
Equitable distribution--Life insurance--Funds borrowed against life insurance policy--Funds considered to be property of husband's father 2DCA 281a
Equitable distribution--Line of credit--Wrongful drawing and dissipation of funds from line of credit 3DCA 675b
Equitable distribution--Marital debts--Funds borrowed against life insurance policy--Funds considered to be property of husband's father 2DCA 281a
Equitable distribution--Marital debts--Line of credit--Wrongful drawing and dissipation of funds from line of credit 3DCA 675b
Equitable distribution--Marital home--Appreciation or depreciation in value between dissolution and ultimate sale--Provision entitling husband to sum certain when marital home was sold 4DCA 394a
Equitable distribution--Marital home--Special equity--Home owned as tenants by entireties on date of dissolution petition 1DCA 1375a
Equitable distribution--Marital home--Valuation--Date--Substantial decline in value since date of dissolution petition 4DCA 394a
Equitable distribution--Marital/non-marital assets--Appreciation in nonmarital property--Passive appreciation--Property encumbered by indebtedness which was serviced by marital funds 5DCA 852a
Equitable distribution--Marital/non-marital assets--Home acquired prior to marriage--Enhanced value attributable to marital funds or labor 1DCA 594a
Equitable distribution--Marital/non-marital assets--Home acquired prior to marriage--Proceeds from sale--Commingling with marital funds 1DCA 594a
Equitable distribution--Pension--Valuation--Date--Downturn in economy between final and amended judgment 5DCA 1202e
Equitable distribution--Prenuptial agreement--Duress, coercion, or overreaching--Ten-day period within which to review agreement and seek advice of legal counsel 4DCA 17a
Equitable distribution--Prenuptial agreement--Fraud, deceit, or misrepresentation--Failure to disclose airline pension--Discovery of pension after marriage without seeking steps to modify agreement to account for omitted pension 4DCA 17a
Equitable distribution--Prenuptial agreement--Fraud, deceit, or misrepresentation--Failure to disclose airline pension--General reference to pensions with explicit waiver by each party of any right in the other party's pensions 4DCA 17a
Equitable distribution--Real property--Home owned prior to marriage--Appreciation--Passive appreciation--Property encumbered by indebtedness which was serviced by marital funds 5DCA 852a
Equitable distribution--Real property--Home owned prior to marriage--Use of marital funds to reduce mortgage 5DCA 852a
Equitable distribution--Retirement benefits--see, Equitable distribution--Pension
Equitable distribution--Settlement agreement--Timing of husband's obligation to make equitable distribution payment to wife--Ambiguities--Parol evidence 4DCA 292a
Equitable distribution--Unequal distribution--Assets acquired during lengthy period during which parties were separated prior to filing for dissolution 5DCA 628a
Equitable distribution--Unequal distribution--Dissipation of marital assets 2DCA 1217a
Equitable distribution--Unequal distribution--Misconduct--Relationship between misconduct and dissipation of assets--Findings 2DCA 281a
Equitable distribution--Valuation of assets--Business--Closely-held corporation--Evidence--Letter of intent to purchase business 5DCA 573a
Equitable distribution--Valuation of assets--Business--Closely-held corporation--Speculative value 5DCA 573a
Equitable distribution--Valuation of assets--Business--Medical partnership--Stock subject to restrictive transfer covenants in shareholders' agreement--Net value approach 4DCA 194a
Equitable distribution--Valuation of assets--Business--Rehearing--Newly discovered evidence--Post-valuation decline in value as result of economic recession 1DCA 418a
Equitable distribution--Valuation of assets--Marital home--Date--Substantial decline in value since date of dissolution petition 4DCA 394a
Equitable distribution--Valuation of assets--Retirement account--Date--Downturn in economy between final and amended judgment 5DCA 1202e
Funds voluntarily paid to wife by husband--Return to husband--Absence of pleading 3DCA 842e
Guardian ad litem fees--Evidence of services provided and their value 3DCA 842e
Income--Alimony award 4DCA 389a
Income--Annuity payments from principal 3DCA 846b
Income--Bonuses--Annual bonus received each year for past nine years 2DCA 424a
Income--Conflicting evidence--Reliance on amounts in sworn financial affidavit rather than amounts testified to at evidentiary hearing 2DCA 1313b
Income--Continuing income commensurate with prior income--Surgeon who is over seventy years of age 3DCA 134a
Income--Deductions--Alimony 4DCA 389a
Income--Deductions--Business expenses--Ordinary and necessary expenses 1DCA 1158b
Income--Findings--Child support modification proceedings 2DCA 1145a
Income--Findings--Range between $7,000 and $12,000 a month 5DCA 483a
Income--Gifts--Financial gifts from husband's mother to children, historically made on annual basis 2DCA 327a
Income--Imputed income--Absence of evidence of employability, current job market, or prevailing earnings level in community 3DCA 462a
Income--Imputed income--Amount--Sufficiency of evidence 3DCA 1002a
Income--Imputed income--Burden of proof 4DCA 389a
Income--Imputed income--Business income--Business expenses--Failure to take into account 4DCA 389a
Income--Imputed income--Business income--Evidence--Amount of household expenses husband had been able to fund during marriage 4DCA 389a
Income--Imputed income--Business income--Speculation--Number of hours husband was capable of billing clients for copy machine repair service 4DCA 389a
Income--Imputed income--Gifts from wife's parents--Gifts not continuing and ongoing 3DCA 462a
Income--Imputed income--Incarcerated party 4DCA 878a
Income--Imputed income--Marital home received as part of equitable distribution of marital assets and where wife continues to live with children 4DCA 624a
Income--Imputed income--Underemployment or concealment of income 3DCA 1002a
Income--Income on liquid assets 2DCA 1034a
Income--Investment income 3DCA 846b
Income--Nonrecurring income--One time receipt of equity compensation and anticipated but unearned stock awards 2DCA 529a
Income--Overtime pay and income from part-time employment in secondary job 2DCA 1316b
Income--Reduced income--Calculation of reduction--Averaging of amounts arrived at by four different methods 2DCA 529a
Income--Reduction--Temporary 1DCA 1380c
Income--Reduction--Voluntarily incurred debt 3DCA 462a
Income--Reverse mortgages 3DCA 846b
Income--Social security disability payments 4DCA 389a
Income--Voluntary contributions to investment property and 401(k) plan 2DCA 1316b
Injunctions--Exclusive use and possession of marital home and return of items of personal property 2DCA 1157a
Injunctions--Freezing of funds in bank accounts of international companies owned in part by non-resident spouse 3DCA 131a
Injunctions--Temporary injunction without notice--Absence of immediate threat of irreparable injury or reason notice could not be given 2DCA 1157a
Interest--Prejudgment--Fixed obligations owed to wife by husband 3DCA 842e
Intervention--First wife--Intervention in dissolution proceedings between former husband and second wife--Closed case 2DCA 1146a
Judgment--Approval of report of general magistrate 2DCA 435a
Judgment--Delay--Twenty-eight-month delay between trial and entry of judgment 5DCA 483a
Judgment--Express statement that marriage is dissolved 2DCA 435a
Judgment--Preparation by counsel--Opportunity for opposing party to object and make comments and modification of proposed order by judge 4DCA 504a
Judgment--Relief from--Clerical/substantive error--Failure to specify that reduced alimony award was to apply retroactively 4DCA 1234c
Jurisdiction--Child custody--Modification--Rotating custody to primary residential custody--Petition for primary residence not before court at time of hearing 2DCA 165b
Jurisdiction--Child custody--Uniform Child Custody Jurisdiction and Enforcement Act--Home state of child 1DCA 545b
Jurisdiction--Restitution--Support monies, attorney's fees, and costs previously given to wife before appellate court reversed denial of husband's motion to dismiss for lack of personal jurisdiction--Authority to order restitution on remand 4DCA 1295a
Life insurance--Security for alimony--Cost, amount, and availability--Absence of evidence 3DCA 1002a
Life insurance--Security for alimony--Insurability and cost--Absence of evidence 2DCA 478c
Life insurance--Security for alimony and child support--Availability, cost, ability to pay, and circumstances justifying requirement--Absence of findings 5DCA 1138a
Magistrates--Report--Exceptions--Timeliness--Mailing period 5DCA 261b
Magistrates--Report and recommendation--Exceptions--Failure to rule 5DCA 1203a
Magistrates--Report and recommendation--Premature adoption--Transcript of hearing before magistrate still being prepared 5DCA 1203a
Marital assets--Valuation--Business--Rehearing--Newly discovered evidence--Post-valuation decline in value as result of economic recession 1DCA 418a
Marital assets--Valuation--Marital home--Date--Substantial decline in value since date of dissolution petition 4DCA 394a
Marital debt--Credits--Debts satisfied by wife or which wife was solely obligated to pay 1DCA 816a
Marital debts--Equitable distribution--Funds borrowed against life insurance policy--Funds considered to be property of husband's father 2DCA 281a
Marital home--Equitable distribution--Appreciation or depreciation in value between dissolution and ultimate sale--Provision entitling husband to sum certain when marital home was sold 4DCA 394a
Marital home--Equitable distribution--Special equity--Home owned as tenants by entireties on date of dissolution petition 1DCA 1375a
Marital home--Equitable distribution--Valuation--Date--Substantial decline in value since date of dissolution petition 4DCA 394a
Marital home--Exclusive possession--Temporary injunction without notice 2DCA 1157a
Marital home--Special equity--Home owned as tenants by entireties on date of dissolution petition 1DCA 1375a
Marital/non-marital assets--Equitable distribution--Appreciation in nonmarital property--Passive appreciation--Property encumbered by indebtedness which was serviced by marital funds 5DCA 852a
Marital/non-marital assets--Equitable distribution--Home acquired prior to marriage--Enhanced value attributable to marital funds or labor 1DCA 594a
Marital/non-marital assets--Equitable distribution--Home acquired prior to marriage--Proceeds from sale--Commingling with marital funds 1DCA 594a
Mediation--Settlement agreement--Rescission--Meeting of the minds--Absence 3DCA 204a
Mediation--Settlement agreement--Rescission--Unilateral mistake 3DCA 204a
Medical expenses--Child--Uninsured expenses--Payment in proportion to parties' percentage share of child support obligation 2DCA 1145a
Modification--Alimony--Amount--Modified award neither exceeding nor virtually depleting former husband's income 1DCA 1158b
Modification--Alimony--Change in circumstances--Recipient earning more than obligor 1DCA 598a
Modification--Alimony--Change in circumstances--Reduction in income 2DCA 875a
Modification--Alimony--Income--Deductions--Business expenses--Ordinary and necessary expenses 1DCA 1158b
Modification--Alimony--Prospective modification--Determination that alimony award would cease upon receipt of spouse's retirement--Retirement benefit awarded as part of equitable distribution 1DCA 589a
Modification--Alimony--Prospective modification--Factual findings--Sufficiency 1DCA 589a
Modification--Alimony--Reduction in income--Calculation of reduction--Averaging of amounts arrived at by four different methods 2DCA 529a
Modification--Alimony--Retroactive--Failure to specify that reduction was to apply retroactively--Relief from judgment 4DCA 1234c
Modification--Alimony--Retroactive--Failure to specify that reduction was to apply retroactively--Waiver of issue 4DCA 1234c
Modification--Alimony--Settlement agreement--Agreement based on projected income which has not been achieved 3DCA 462a
Modification--Alimony--Settlement agreement--Reduction in income 2DCA 529a
Modification--Alimony--Supportive relationship 1DCA 963a
Modification--Child custody--Change in circumstances--Absence of showing 5DCA 1137a
Modification--Child custody--Change in circumstances--Husband's change of employment and relocation--Relocation not a significant distance away from child's current location 2DCA 367c
Modification--Child custody--Rotating custody to primary residential custody--Jurisdiction--Petition for primary residence not before court at time of hearing 2DCA 165b
Modification--Child custody--Time-sharing and parenting plan--Refusal to honor plan without cause--Revision of visitation schedule--Best interests of child 4DCA 504a
Modification--Child custody--Visitation--Attorney's fees--Applicable standard--Prevailing party/general family law 4DCA 839b
Modification--Child support--Ability to pay--Findings 2DCA 1145a
Modification--Child support--Absence of pleading 1DCA 816a
Modification--Child support--Income--Findings 2DCA 1145a
Modification--Child support--Reduction in income--Calculation of reduction--Averaging of amounts arrived at by four different methods 2DCA 529a
Modification--Child support--Relief not requested in pleadings 1DCA 1271b
Modification--Child support--Retroactive 2DCA 1145a
Modification--Child support--Retroactive modification--Date of dissolution judgment 3DCA 601a
Modification--Child support--Settlement agreement--Clear and unambiguous provision for husband to support adult disabled child as he "had done in the past" 3DCA 462a
Modification--Child support--Settlement agreement--Reduction in income 2DCA 529a
Modification--Property settlement agreement--Agreement incorporated into final dissolution judgment 1DCA 340a
Modification--Settlement agreement--Clear and unambiguous agreement 3DCA 462a
New trial--Delay between trial and entry of final judgment--Twenty-eight-month delay 5DCA 483a
Parenting coordination--Rules of procedure--Adoption of new rule SCO 76a
Parenting coordination--Rules of procedure--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Pension--Equitable distribution--Valuation--Date--Downturn in economy between final and amended judgment 5DCA 1202e
Pension--Settlement agreement providing for wife to receive specified sum from husband's retirement plan by way of qualified domestic relations order--Rewriting of agreement to provide for wife's immediate access to funds 3DCA 1080a
Prenuptial agreement--Disclosure of assets--Disclosure of less than all assets 5DCA 261a
Prenuptial agreement--Disclosure of assets--Necessity 5DCA 261a
Prenuptial agreement--Duress, coercion, or overreaching--Ten-day period within which to review agreement and seek advice of legal counsel 4DCA 17a
Prenuptial agreement--Fraud, deceit, or misrepresentation--Failure to disclose airline pension--Discovery of pension after marriage without seeking steps to modify agreement to account for omitted pension 4DCA 17a
Prenuptial agreement--Fraud, deceit, or misrepresentation--Failure to disclose airline pension--General reference to pensions with explicit waiver by each party of any right in the other party's pensions 4DCA 17a
Real property--Equitable distribution--Home owned prior to marriage--Appreciation--Passive appreciation--Property encumbered by indebtedness which was serviced by marital funds 5DCA 852a
Real property--Equitable distribution--Home owned prior to marriage--Use of marital funds to reduce mortgage 5DCA 852a
Real property--Lien--Security for alimony and child support--Premarital property--Findings--Intent to secure arrearages at time of obligor's death or to secure future payments in order to minimize future economic harm to family 1DCA 858c
Real property--Lien--Security for alimony and child support--Premarital property--Special circumstances 1DCA 858c
Relief from judgment--Clerical/substantive error--Failure to specify that reduced alimony award was to apply retroactively 4DCA 1234c
Restitution--Support monies, attorney's fees, and costs previously given to wife before appellate court reversed denial of husband's motion to dismiss for lack of personal jurisdiction--Authority to order restitution on remand 4DCA 1295a
Retirement benefits--Equitable distribution--Valuation--Date--Downturn in economy between final and amended judgment 5DCA 1202e
Retirement benefits--Settlement agreement providing for wife to receive specified sum from husband's retirement plan by way of qualified domestic relations order--Rewriting of agreement to provide for wife's immediate access to funds 3DCA 1080a
Rules of procedure--Amendment--Forms--Income deduction order SCO 145a
Rules of procedure--Amendment--Forms--Notice of filing return receipt SCO 145a
Rules of procedure--Amendment--Forms--Notice to payor SCO 145a
Rules of procedure--Amendment--Forms--Parenting coordination--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Rules of procedure--Amendment--Parenting coordination--Adoption of new rule SCO 76a
Rules of procedure--Amendment--Parenting coordination--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Settlement--Property settlement--Annuity payments--Wife's waiver of interest in annuity payments during husband's lifetime--Effect on rights in annuity upon death of husband 2DCA 921b
Settlement agreement--Ambiguities--Timing of husband's obligation to make equitable distribution payment to wife 4DCA 292a
Settlement agreement--Evidence--Parol--Ambiguous agreement 4DCA 292a
Settlement agreement--Marital debt--Credits--Debts satisfied by wife or which wife was solely obligated to pay 1DCA 816a
Settlement agreement--Modification--Agreement incorporated into final dissolution judgment 1DCA 340a
Settlement agreement--Modification--Clear and unambiguous agreement 3DCA 462a
Settlement agreement--Novation--Intent to form new contract 1DCA 340a
Settlement agreement--Pension--Provision for wife to receive specified sum from husband's retirement plan by way of qualified domestic relations order--Rewriting of agreement to provide for wife's immediate access to funds 3DCA 1080a
Settlement agreement--Rescission--Meeting of the minds--Absence 3DCA 204a
Settlement agreement--Rescission--Unilateral mistake 3DCA 204a
Settlement agreement--Rewriting of agreement by court 3DCA 1080a
Social security--Dependent benefits provided to children which were attributable to husband's social security benefits 3DCA 134a
Social security--Income--Social security disability payments 4DCA 389a
Special equity--Marital home--Home owned as tenants by entireties on date of dissolution petition 1DCA 1375a
Support--Failure to pay--Contempt--Appeals--Law of the case--Determination that payments labeled "equitable distribution" in final judgment of dissolution of marriage were really meant as support--Reconsideration by successor judge presiding over contempt proceedings 4DCA 553a
Support--Failure to pay--Contempt--Purge provision--Ability to comply 4DCA 553a
Temporary support--Appeals--Absence of transcript 2DCA 537a
Temporary support--Increase--Treatment for serious illness affecting recipient's ability to work 2DCA 430b
Uniform Child Custody Jurisdiction and Enforcement Act--Home state of child 1DCA 545b
Visitation--Modification--Attorney's fees--Applicable standard--Prevailing party/general family law 4DCA 839b
Visitation--Parent in foreign country--Elimination of bond to ensure return of child 3DCA 1197a
DOMESTIC OR REPEAT VIOLENCE
Injunction--Domestic violence with minor children--Reasonable cause to believe minor children were in imminent danger of becoming victims of domestic violence--Subjective fear that "something bad might happen" 2DCA 396a
Injunction--Evidence--Judge's observations during custody hearing in separate dissolution of marriage action 2DCA 833a
Injunction--Objectively reasonable fear of imminent domestic violence--Sufficiency of evidence 2DCA 976b
Injunction--Permanent--Violation--Knowledge of injunction 2DCA 993a
Injunction--Reasonable fear of imminent violence--Disputed event that occurred three years earlier 4DCA 552b
Injunction--Vacation 2DCA 1098a
Injunction--Vacation of permanent injunction--Denial--Opportunity to be heard 4DCA 496a; 2DCA 993b
ELECTIONS
Absentee ballots--Timeliness--Ballots in supervisor of elections' mailbox the morning after deadline 4DCA 781a
Absentee ballots--Timeliness--Voter's burden of meeting statutory time limits 4DCA 781a
Counties--Charter amendment detailing election requirements to be implemented in county--Conflict with Florida Election Code SCO 101a
Florida Election Code--Preemption of field of election law SCO 101a
Initiative petition--Constitutional amendment--Revocation of signatures on citizen initiative petition forms--Constitutionality of statute SCO 120a
Municipal corporations--Absentee ballots--Timeliness--Ballots in supervisor of elections' mailbox the morning after deadline 4DCA 781a
EMINENT DOMAIN
Attorney's fees--Absence of pre-suit settlement or filing of condemnation suit 5DCA 77a
Department of Agriculture--Inverse condemnation--Citrus canker eradication program--Non-commercial, uninfected trees--Damages--Just and fair compensation 4DCA 1062a
Department of Agriculture--Inverse condemnation--Citrus canker eradication program--Non-commercial, uninfected trees--Damages--Measure 4DCA 1062a
Department of Agriculture--Inverse condemnation--Citrus canker eradication program--Non-commercial, uninfected trees--Damages--Prejudgment interest--Commencement--Class action 4DCA 1062a
Inverse condemnation--Department of Agriculture--Citrus canker eradication program--Non-commercial, uninfected trees--Damages--Just and fair compensation 4DCA 1062a
Inverse condemnation--Department of Agriculture--Citrus canker eradication program--Non-commercial, uninfected trees--Damages--Measure 4DCA 1062a
Inverse condemnation--Department of Agriculture--Citrus canker eradication program--Non-commercial, uninfected trees--Damages--Prejudgment interest--Commencement--Class action 4DCA 1062a
Inverse condemnation--Flooding--Standing water killing trees on property 5DCA 482a
Inverse condemnation--Flooding--Substantial deprivation of all beneficial use of property 5DCA 482a
Inverse condemnation--Limitation of actions--Accrual of cause of action--As-applied taking 3DCA 1305a
Inverse condemnation--Limitation of actions--Commencement of period--Clear determination as to permissible use of property 3DCA 896a
Inverse condemnation--Limitation of actions--Commencement of period--Regulatory taking as result of county's adoption of new land use plan--Administrative appeal of county's denial of application for building permit 3DCA 26a
EMPLOYER-EMPLOYEE RELATIONS
Retaliatory discharge--Filing of workers' compensation claim--Adverse action causally related to protected activity--Factual issues 3DCA 174a
Retaliatory discharge--Filing of workers' compensation claim--Failure of workers' compensation carrier to unequivocally advise employer that employee was released to work 3DCA 174a
Whistleblowers--Evidence--Attorney-client privilege--Copy of letter faxed from attorney to client-employer and retrieved from fax machine by plaintiff 4DCA 27a
ENVIRONMENTAL PROTECTION
Pollution--Cleanup--Ability of responsible party to pay--Relevance--Administrative proceedings under section 403.121(2) 1DCA 1393b
Pollution--Pollutant Discharge and Removal Control Act--Private cause of action--Standing--Commercial fishermen--Economic losses proximately caused by release of pollutants SCO 341a
ESTATES
Accounting--Objection--Timeliness 5DCA 302d
Adversary proceedings--Contracts--Trial and jury consultant--Recovery of unpaid fees from estate 2DCA 1094a
Attorney's fees--Abandonment of representation of estate--Factual issue 3DCA 296a
Attorney's fees--Attorney not licensed to practice law in Florida--Quantum meruit 4DCA 391a
Claims--Class claims 2DCA 978a
Claims--Necessity of filing claim--Pendency of federal class action against decedent at time of decedent's death--Prompt substitution of personal representative in federal action 2DCA 978a
Claims--Timeliness--Extension of period--Filing of statement of claim outside three-month period without requesting extension--Claimant asserting that he was readily ascertainable creditor who should have been provided with actual notice 1DCA 86a
Claims--Timeliness--Notice to creditor--Actual notice--Evidence--Signing of claim form prior to expiration of claims period 1DCA 381b
Claims--Timeliness--Notice to creditor--Defects--Service on creditor's "personal injury" attorney rather than creditor's "probate" attorney 1DCA 381b
Homestead--Exemption from creditors' claims and administrative expenses--Loss of protected status--Devise of property with directions that it be sold and proceeds divided among devisees 4DCA 605d
Lineal descendants--Step-children 5DCA 1264b
Personal representative--Disqualification--Limitation of actions--Applicability of three-month limitations period--Challenge to qualification of nonresident personal representative 1DCA 730a
Personal representative--Removal--Judgment on pleadings against petitioners--Final accounting approved 5DCA 302d
Probate--Settlement agreement--Existence of enforceable agreement governing distribution of estate assets--Factual issue 4DCA 937a
Settlement--Medical malpractice claim--Equitable distribution--Reimbursement of collateral source provider--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Summary administration--Approval of petition--Relief from order--Void/voidable order--Petition allegedly filed by person unauthorized to file 5DCA 305b
Summary administration--Approval of petition--Void/voidable order--Petition allegedly filed by person unauthorized to file 5DCA 305b
Trusts--Beneficiaries--Determination--Discovery--DNA samples from decedent's legitimate children to establish paternity of child who claims to be decedent's illegitimate child 2DCA 263c
Trusts--Power of attorney granting decedent's widow power to appoint any part of principal of trust to decedent's lineal descendants--Widow's granting of principal and income to decedent's step-children 5DCA 1264b
Wills--Devises--Homestead--Exemption from creditors' claims and administrative expenses--Loss of protected status--Devise of property with directions that it be sold and proceeds divided among devisees 4DCA 605d
EVIDENCE
Adoptive admissions SCO 13a
Attorney-client privilege--Waiver--Inadvertent disclosure 4DCA 27a
Best evidence rule 4DCA 287b
Cell phones--Historical site records 4DCA 63a
Demonstrative--Substantial similarity doctrine--Evidence not intended to recreate accident 4DCA 1327a
Hearsay--Demonstration of non-testifying party's description 4DCA 608a
Hearsay--Exceptions--Business records--Affidavit of corporate representative and attached copy of schedule of payments 1DCA 107b
Hearsay--Exceptions--Business records--Records of regularly conducted business SCO 13a
Hearsay--Exceptions--Dying declaration 4DCA 1286a
Hearsay--Exceptions--Excited utterance--Statements victim made to officers shortly after attack 4DCA 67a
Hearsay--Exceptions--Excited utterance--Statements witness gave to police officer at scene--Time for reflective thought 4DCA 887a
Hearsay--Exceptions--Medical diagnosis or treatment--Battery victim's descriptions of doctor's explanations regarding necessity for certain treatment 2DCA 531a
Hearsay--Exceptions--Medical diagnosis or treatment--Statement victim made to nurse that her attacker threatened her with gun 4DCA 67a
Hearsay--Exceptions--Past recollection recorded--Taped telephone conversation--Witness unable or unwilling to attest to accuracy of taped conversation 4DCA 618a
Hearsay--Exceptions--Public records--Department of Corrections Crime and Time Report--Authentication--DOC release date letter SCO 117a
Hearsay--Exceptions--Public records--Letter from records custodian of state agency indicating defendant had not been granted license to carry concealed firearm 4DCA 622a
Hearsay--Exceptions--State of mind--Murder victim's letter written five days before his disappearance 4DCA 1068b
Hearsay--Exceptions--Statements of child victim of sexual offense 3DCA 1132a
Hearsay--Statements not offered to prove truth of matter asserted 3DCA 763b
Hearsay--Statements of non-testifying witness which inferred that witness had observed defendant 3DCA 1242b
Hearsay--Testimonial out-of-court statements--Presentence investigation report--Appeals--Preservation of issue SCO 85a
Hearsay--Testimonial out-of-court statements--Statements on 911 tape 3DCA 184a
Hearsay--Testimonial out-of-court statements--Statements which reasonable person would not have anticipated being later used for prosecutorial purposes 1DCA 1134a
Impeachment--Calling of witness for purpose of impeaching her with taped telephone conversation which was inadmissible hearsay 4DCA 618a
Judicial notice--Records and proceedings in separate action--Notice 2DCA 833a
Opinion--Expert opinion that defendant was not negligent 2DCA 425a
Other crimes, wrongs, or acts--Child abuse--Observation of defendant shaking a different child, without resulting injury, on two occasions six years earlier 1DCA 1273b
Other crimes, wrongs, or acts--Child molestation 1DCA 1393a
Other crimes, wrongs, or acts--Feature of trial--Multiple collateral crimes witnesses 4DCA 12b
Other crimes, wrongs, or acts--Murder and sexual battery--Pending murder-rape charge involving different victim--Similarities SCO 169a
Other crimes, wrongs, or acts--Murder and sexual battery--Pending murder-rape charge involving different victim--Waiver of issue--Subsequent motion to consolidate all charges SCO 169a
Other crimes, wrongs, or acts--Prosecution witness's reference to fact that there was warrant out for defendant's arrest for a different offense 1DCA 1007a
Other crimes, wrongs, or acts--Sexual activity with minor--Testimony of other victims--Variations in extent of defendant's sexual contact with each victim 4DCA 12b
Parol--Marital settlement agreement--Ambiguities--Timing of husband's obligation to make equitable distribution payment to wife 4DCA 292a
Parol--Real property sale--Oral extension of due diligence period 4DCA 774a
Prior consistent statements--Rebuttal of implication of improper motive or recent fabrication SCO 133a
Privilege--Attorney-client--Waiver--Inadvertent disclosure 4DCA 27a
FAMILY LAW RULES OF PROCEDURE
Amendment--Parenting coordination--Adoption of new rule SCO 76a
Forms--Amendment--Income deduction order SCO 145a
Forms--Amendment--Notice of filing return receipt SCO 145a
Forms--Amendment--Notice to payor SCO 145a
Forms--Amendment--Parenting coordination--Referral to parenting coordinator--Adoption of new form SCO 76a
Forms--Amendment--Parenting coordination--Response by parenting coordinator--Adoption of new form SCO 76a
FEDERAL PREEMPTION
Federal Aviation Act--Private airplane--Owner's vicarious liability under dangerous instrumentality doctrine 2DCA 115a
National Bank Act--State statute requiring foreign corporations register or file as "foreign corporation" in order to maintain lawsuit in state court 4DCA 557a
Torts--Product liability--Over-the-counter medication--Failure to warn of risks 3DCA 51c
Wrongful death--Private airplane--Owner's vicarious liability under dangerous instrumentality doctrine--Federal Aviation Act 2DCA 115a
FLORIDA BAR
Rules--Amendment--Simplified forms for use by nonlawyers assisting third parties SCO 216a
Rules--Amendments--Basic skills course requirements SCO 83a
Unauthorized practice of law--Advisory opinion SCO 260a
FORFEITURE
Currency--Currency brought into United States by defendant who did not report that she carried in excess of $10,000 3DCA 900b
GARNISHMENT
Dissolution of writ--Attorney's fees--Writ not supported by material facts or application of law to material facts 3DCA 1084a
GOVERNMENT IN THE SUNSHINE LAW
Municipal corporations--City commission meetings--Consent agenda 1DCA 205b
Municipal corporations--City commission meetings--Denial of public access to minutes of canvassing board's post-election meeting until after approval of minutes by city commission--Sanctions 1DCA 205b
Right of citizens to speak at public meeting 1DCA 538b
GUARDIANSHIP
Attorney's fees--Counsel for ward--Settlement of brain-injured ward's tort claims--Confirmation of retention of counsel and approval of fees--Considerations 2DCA 162a
Counsel--Substitution 1DCA 106e; 1DCA 107a
Dependent children--Permanent guardianship--Order--Explanation of why reunification was not possible--Findings 5DCA 363a
Determination of incapacity--Evidentiary hearing--Examination of witnesses conducted by trial court rather than counsel 3DCA 1248a
Determination of incapacity--Evidentiary hearing--Rule of exclusion of witnesses--Denial of request to invoke rule 3DCA 1248a
Incapacitated persons--Brain-injured ward--Settlement of tort claims--Attorney's fees--Ward's counsel--Confirmation of retention of counsel and approval of fees--Considerations 2DCA 162a
HANDICAPPED PERSONS
Courts--Reasonable accommodation of persons with disabilities--Amendments to rules of judicial administration S 267a
HEALTH MAINTENANCE ORGANIZATIONS
Balance billing of HMO subscribers for portion of statements for medical services not paid by HMO 5DCA 257b
Emergency services--Amount of reimbursement to hospitals providing emergency medical services 1DCA 438b
HOSPITALS
Discovery--Trade secrets--Charges for particular procedure applicable to different classes of patients, including litigation versus non-litigation patients 4DCA 551a; 4DCA 1067a
Emergency services--Amount of reimbursement by health maintenance organizations to hospitals providing emergency medical services 1DCA 438b
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided by physician but not by hospital 2DCA 40a
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided during prior pregnancy 2DCA 903b
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Practicality--Preregistration 2DCA 903b
Medical malpractice--Damages--Noneconomic--Limitation--Constitutionality of statute 2DCA 722a
Medical malpractice--Damages--Unmarried father of deceased infant--Failure to testify at trial 2DCA 722a
Staff privileges--Grant of exclusive cardiovascular surgery privileges to outside surgeon, in violation of medical staff bylaws--Immunity--Statutory--Statute applicable to credentialing decisions 4DCA 655c
Torts--Defamation--Slander per se--Denigrating references to surgeon's ability to perform surgery during course of dispute over cardiovascular surgery privileges 4DCA 655c
Wrongful death--Decedent falling from hospital bed while in critical care unit of hospital--Medical malpractice presuit requirements--Applicability 3DCA 1340a
INJUNCTIONS
Counties--Development orders--Inconsistency with comprehensive plan--Timeliness of complaint--Commencement of period--Rendition of order--Filing with employee of clerk's office whose duties included those of records clerk 1DCA 1012b
Domestic violence--Evidence--Judge's observations during custody hearing in separate dissolution of marriage action 2DCA 833a
Domestic violence--Objectively reasonable fear of imminent domestic violence--Sufficiency of evidence 2DCA 976b
Domestic violence--Reasonable fear of imminent violence--Disputed event that occurred three years earlier 4DCA 552b
Domestic violence--Vacation of injunction 2DCA 1098a
Domestic violence--Vacation of permanent injunction--Denial--Opportunity to be heard 4DCA 496a
Domestic violence--Violation of permanent injunction--Knowledge of injunction 2DCA 993a
Domestic violence with minor children--Reasonable cause to believe minor children were in imminent danger of becoming victims of domestic violence--Subjective fear that "something bad might happen" 2DCA 396a
Escrow funds--Denial of party's motion to release her portion of escrow funds before parties resolve other claims--Escrow agreement prohibiting disbursement until parties' disputes were resolved SCO 192a
Irreparable injury--Freezing of funds in bank accounts--Funds under control of federal court-appointed receiver 3DCA 131a
Repeat violence--Assault--Yelling profanities and threats without threat to do violence or overt act creating well-founded fear of imminent violence 1DCA 378c
Repeat violence--Two incidents of violence or stalking--Yelling profanities and threats without threat to do violence or overt act creating well-founded fear of imminent violence 1DCA 378c
Repeat violence--Vacation of permanent injunction--Denial of motion--Opportunity to be heard 2DCA 993b
Restraint of assets--Assets held pursuant to escrow agreement prohibiting disbursement until parties' disputes were resolved SCO 192a
Sexual violence--Evidence insufficient to prove that act of sexual violence had occurred 4DCA 395a
Temporary--Adequate remedy at law--Money damages 3DCA 409a
Temporary--Communication between parties, attorneys, and media--Necessity and scope of gag order 4DCA 1110b
Temporary--Communication between parties, attorneys, and media--Sua sponte injunction 4DCA 1110b
Temporary--Elements to be established 3DCA 570c
Temporary--Irreparable injury--Speculative injury based on possible future event 3DCA 409a
Temporary injunction without notice--Absence of immediate threat of irreparable injury or reason notice could not be given 2DCA 1157a
Temporary injunction without notice--Motion--Deficiencies--Motion not verified or supported by affidavits, and not containing attorney's certification 2DCA 1157a
Temporary injunction without notice--Order--Deficiencies--Failure to contain explanation of reasons for entry 2DCA 1157a
Wrongful injunction--Damages--Sovereign immunity 5DCA 144c
INSURANCE
Administration--Insurance Code violations--Civil remedy--Conditions precedent--Notice 4DCA 235b; 4DCA 741a
Agents--Licensing--Suspension--Hearing--Untimely petition for hearing--Excusable neglect 5DCA 805a
Agents--Negligence--Procurement of flood insurance in reduced amounts--Attorney's fees--Applicable statute 1DCA 1269a
Application--Misrepresentations--Automobile insurance--Modification of vehicle--Rescission of policy 1DCA 870a
Application--Misrepresentations--Broker's misrepresentation of facts material to risks assumed by insurance company--Broker's liability to insurance company 4DCA 497a
Appraisal--Allowing appraisal to go forward on dual track basis while preserving insurer's right to contest coverage as matter of law 3DCA 888a
Appraisal--Claims contested in affirmative defenses--Failure to resolve prior to entering final judgment 4DCA 1117b
Appraisal--Homeowners--Premature appraisal--Coverage issues in dispute 4DCA 289a
Appraisal--Items that had not been adjusted 1DCA 802a
Appraisal--Premature--Coverage issues in dispute 4DCA 289a
Appraisal--Timeliness of demand 1DCA 802a
Attorney's fees--Appeals--Order awarding fees in uninsured motorist coverage action contingent upon finding insurer liable on amended claim of bad faith 5DCA 624b
Attorney's fees--Appellate--Insurance--Bad faith--Appeal not from bad faith action 5DCA 624b
Attorney's fees--Appellate--Offer of judgment--Judgment not rising to level necessary for award of fees 5DCA 624b
Attorney's fees--Breach of contract action where basic insurance claim was resolved by appraisal 2DCA 1041a
Attorney's fees--Insured prevailing in action against insurer--Applicability of statute--Consumer's action against surety on motor vehicle dealer bond 5DCA 1348a
Attorney's fees--Insured prevailing in action against insurer--Confession of judgment--Payment of appraisal amount after suit filed--Insurer aware of dispute before suit filed 2DCA 364e
Attorney's fees--Insured's action against insurer--Applicability of statute--Action against agent alleging negligent procurement of flood insurance coverage in reduced amount 1DCA 1269a
Attorney's fees--Offer of judgment--Good faith offer 3DCA 892a
Automobile--Cancellation of policy--Receipt of overdue premium before cancellation date--Receipt by insurer's bank of insured's electronic payment file before cancellation date 1DCA 419a
Automobile--Coverage--Cancellation of policy--Receipt of overdue premium before cancellation date--Receipt of insured's electronic payment file before cancellation date 1DCA 419a
Automobile--Misrepresentations on application--Modification of vehicle--Rescission of policy 1DCA 870a
Automobile--Rescission of policy--Misrepresentations on application--Modification of vehicle 1DCA 870a
Automobile liability--Bad faith--Refusal to settle--Venue 4DCA 1171a
Automobile liability--Commercial liability--Exclusions--Bodily injury to employee of insured arising out of or within course of employment--Injured employee's action against estate of co-employee who was driving employer's truck at time of accident 4DCA 454a
Automobile liability--Coverage--Conditions--Disclosure of drivers of insured vehicle 3DCA 1341a
Automobile liability--Coverage--Temporary substitute auto--Rental car being driven by unauthorized driver 1DCA 539a
Automobile liability--Drivers of insured vehicle--Failure to disclose--Violation of condition of coverage 3DCA 1341a
Automobile liability--Exclusions--Household--Bodily injury to any insured or any member of insured's family residing in insured's household--Ambiguous exclusion--Injuries suffered by parents of insured's granddaughter while riding as passengers in insured vehicle being driven by granddaughter 3DCA 133a
Bad faith--Dismissal--Insurance Code violations--Civil remedy--Conditions precedent--Notice 4DCA 741a
Bad faith--Failure to settle--Liability insurer--Excess insurer's action against primary insurer--Absence of contract or assignment from insured 4DCA 750a
Bad faith--Failure to settle--Liability insurer--Excess insurer's action against primary insurer--Excess judgment--Necessity--Settlement between excess insurer and injured party 4DCA 750a
Bad faith--Failure to settle--Liability insurer--Excess insurer's action against primary insurer--Release of primary insurer by injured party 4DCA 750a
Bad faith--Failure to settle--Medical malpractice--Jury instructions--Standard--Amendment SCO 149a
Bad faith--Refusal to settle--Automobile liability--Venue 4DCA 1171a
Bad faith--Third-party action--Insurer's bad faith not resulting in exposure to liability in excess of policy limits of insured's policies SCO 235a
Bad faith--Third-party action--Insurer's bad faith not the cause of damages to insured SCO 235a
Brokers--Misrepresentation of facts material to risks assumed by insurance company--Broker's liability to insurance company 4DCA 497a
Brokers--Negligent creation of "gap" in professional liability coverage under policies governed by Surplus Lines Law--Absence of gap in coverage because of insurer's failure to provide required notice of nonrenewal 1DCA 794a; 1DCA 1268a
Cancellation of policy--Receipt of overdue premium before cancellation date--Receipt by insurer's bank of insured's electronic payment file before cancellation date 1DCA 419a
Commercial general liability--Professional liability--Coverage--Failure of corporate directors to discover Ponzi scheme perpetrated by company president 5DCA 481a
Commercial liability--Advertising injury--Coverage--Faxing of unsolicited advertisement in violation of federal Telephone Consumer Protection Act SCO 73a
Commercial liability--Coverage--Advertising injury--Faxing of unsolicited advertisement in violation of federal Telephone Consumer Protection Act SCO 73a
Commercial liability--Coverage--Forfeiture--Breach of warranty--Estoppel--Failure to provide insured with notice of warranty prior to loss 4DCA 5a
Commercial liability--Tractor-trailer rig--Coverage--Theft--Forfeiture of coverage--Breach of garaging warranty--Estoppel--Failure to provide insured with copy of binder or policy prior to loss 4DCA 5a
Credit insurance--Single premium credit insurance purchased on mortgages--Excessive charges--Limitation of actions--Tolling--Making of mortgage payments 1DCA 539b
Errors and omissions--Exclusions--Claims connected in any way to dishonoring of any financial instrument--Amounts insured title insurance company had to pay to clear title after escrow agent misappropriated escrowed funds 4DCA 503a
Errors and omissions--Exclusions--Damages arising out of commingling, conversion, misappropriation or defalcation of funds--Amounts insured title insurance company had to pay to clear title after escrow agent misappropriated escrowed funds 4DCA 503a
Examination under oath--Insured's failure to submit to complete examination under oath--Insured leaving examination during break after being berated, yelled at, and subjected to one examination in English and another in Creole 3DCA 1241a
Exclusions--Automobile liability--Commercial liability--Bodily injury to employee of insured arising out of or within course of employment--Injured employee's action against estate of co-employee who was driving employer's truck at time of accident 4DCA 454a
Exclusions--Automobile liability--Household exclusion--Bodily injury to any insured or any member of insured's family residing in insured's household--Ambiguous exclusion--Injuries suffered by parents of insured's granddaughter while riding as passengers in insured vehicle being driven by granddaughter 3DCA 133a
Exclusions--Errors and omissions--Claims connected in any way to dishonoring of any financial instrument--Amounts insured title insurance company had to pay to clear title after escrow agent misappropriated escrowed funds 4DCA 503a
Exclusions--Errors and omissions--Damages arising out of commingling, conversion, misappropriation or defalcation of funds--Amounts insured title insurance company had to pay to clear title after escrow agent misappropriated escrowed funds 4DCA 503a
Exclusions--Liability insurance--Prior litigation--Relationship of claim to prior litigation--Comparison of complaints in actions 1DCA 967a
Florida Insurance Guaranty Association--Appraisal--Claims contested in FIGA's affirmative defenses--Failure to resolve prior to entering final judgment 4DCA 1117b
Fraud--Fraudulent claim for personal injury protection benefits--Summary judgment 3DCA 892a
Health--Verdicts--Compromise--Finding that insurer breached contract but award of zero damages 4DCA 155b
Health maintenance organizations--Balance billing of HMO subscribers for portion of statements for medical services not paid by HMO 5DCA 257b
Health maintenance organizations--Emergency services--Amount of reimbursement to hospitals providing emergency medical services 1DCA 438b
Homeowners--Appraisal--Premature--Coverage issues in dispute 4DCA 289a
Homeowners--Attorney's fees--Breach of contract action where basic insurance claim was resolved by appraisal 2DCA 1041a
Homeowners--Attorney's fees--Insured prevailing in action against insurer--Confession of judgment--Payment of appraisal amount after suit filed--Insurer aware of dispute before suit filed 2DCA 364e
Homeowners--Breach of contract by failure to pay full amount necessary to repair hurricane damage--Confession of judgment--Payment of appraisal amount after suit filed--Insurer aware of dispute before suit filed 2DCA 364e
Homeowners--Coverage--Sinkhole--Burden of proof 2DCA 1048a
Homeowners--Coverage--Sinkhole--Presumption arising from report of engineer and geologist 2DCA 1048a
Homeowners--Examination under oath--Insured's failure to submit to complete examination under oath--Insured leaving examination during break after being berated, yelled at, and subjected to one examination in English and another in Creole 3DCA 1241a
Homeowners--Premiums--Failure to apply statutorily-mandated premium discount--Exhaustion of administrative remedies 4DCA 129a
Homeowners--Premiums--Failure to apply statutorily-mandated premium discount--Remedy 4DCA 129a
Homeowners--Valued Policy Law--Duplication of benefits--Award of policy limits under homeowners policy after insureds had been paid under separate flood insurance policy 1DCA 868a
Homeowners--Valued Policy Law--Total loss or constructive total loss caused by wind--Award of policy limits--Setoff of amount paid to insureds under separate flood insurance policy 1DCA 868a
Indemnity--Bad faith--Third-party action--Insurer's bad faith not resulting in exposure to liability in excess of policy limits of insured's policies SCO 235a
Indemnity--Bad faith--Third-party action--Insurer's bad faith not the cause of damages to insured SCO 235a
Insolvent insurers--Florida Insurance Guaranty Association--Appraisal--Claims contested in FIGA's affirmative defenses--Failure to resolve prior to entering final judgment 4DCA 1117b
Judicial estoppel--Action by insured to recover for damages caused by hurricane--Failure to disclose claim in insured's bankruptcy proceeding 5DCA 1257a
Liability--Bad faith--Failure to settle--Excess insurer's action against primary insurer--Absence of contract or assignment from insured 4DCA 750a
Liability--Bad faith--Failure to settle--Excess insurer's action against primary insurer--Excess judgment--Necessity--Settlement between excess insurer and injured party 4DCA 750a
Liability--Bad faith--Failure to settle--Excess insurer's action against primary insurer--Release of primary insurer by injured party 4DCA 750a
Liability--Bad faith--Third-party action--Insurer's bad faith not resulting in exposure to liability in excess of policy limits of insured's policies SCO 235a
Liability--Bad faith--Third-party action--Insurer's bad faith not the cause of damages to insured SCO 235a
Liability--Commercial--Advertising injury--Coverage--Faxing of unsolicited advertisement in violation of federal Telephone Consumer Protection Act SCO 73a
Liability--Commercial--Coverage--Advertising injury--Faxing of unsolicited advertisement in violation of federal Telephone Consumer Protection Act SCO 73a
Liability--Commercial--Coverage--Forfeiture--Breach of warranty--Estoppel--Failure to provide insured with notice of warranty prior to loss 4DCA 5a
Liability--Commercial--Tractor-trailer rig--Coverage--Theft--Forfeiture of coverage--Breach of garaging warranty--Estoppel--Failure to provide insured with copy of binder or policy prior to loss 4DCA 5a
Liability--Commercial automobile--Exclusions--Bodily injury to employee of insured arising out of or within course of employment--Injured employee's action against estate of co-employee who was driving employer's truck at time of accident 4DCA 454a
Liability--Commercial general--Professional liability--Coverage--Failure of corporate directors to discover Ponzi scheme perpetrated by company president 5DCA 481a
Liability--Coverage--Expiration of policy period--Negligence during policy period resulting in injury to another after expiration of policy period 5DCA 1106b
Liability--Coverage--Negligence during policy period resulting in injury to another after expiration of policy period 5DCA 1106b
Liability--Exclusions--Prior litigation--Relationship of claim to prior litigation--Comparison of complaints in actions 1DCA 967a
Liability--Relief from judgment--Liability insurer not made party to claim 3DCA 342a
Life--Viatical settlement provider--Public records--Exemptions--Work papers and trade secrets submitted to Office of Insurance Regulation in course of regulatory investigation--Statutory amendment placing time limitation on exempt and confidential status--Retroactive application 1DCA 383a
Life--Viatical settlement providers--Rules--Documentation of changes to provider's method of operation in annual report 1DCA 814b
Medical--Verdicts--Compromise--Finding that insurer breached contract but award of zero damages 4DCA 155b
Medical malpractice--Bad faith--Failure to settle--Jury instructions--Standard--Amendment SCO 149a
Misrepresentations--Application--Automobile insurance--Modification of vehicle--Rescission of policy 1DCA 870a
Misrepresentations--Application--Broker's misrepresentation of facts material to risks assumed by insurance company--Broker's liability to insurance company 4DCA 497a
Office of Insurance Regulation--Public records--Exemptions--Work papers and trade secrets submitted to Office of Insurance Regulation in course of regulatory investigation--Statutory amendment placing time limitation on exempt and confidential status--Retroactive application 1DCA 383a
Office of Insurance Regulation--Rules--Viatical settlement providers--Documentation of changes to provider's method of operation in annual report 1DCA 814b
Office of Insurance Regulation--Rules--Viatical settlement providers--Documents, policies, and procedures used in examination of providers--Unpromulgated rules 1DCA 1276a
Office of Insurance Regulation--Rules--Viatical settlement providers--Letters sent to licensees requesting production of records for examination, including records of out-of-state viatical settlement agreements--Unpromulgated rules 1DCA 1276a
Personal injury protection--Assignment--Transfer of duty to submit to examination under oath 5DCA 1020a
Personal injury protection--Chiropractic examination--Insured's failure to attend--Reasonableness of refusal 3DCA 1240d
Personal injury protection--Coverage--Medical expenses--Summary judgment--Opposing affidavit--Technical defects--Opportunity to amend 4DCA 620a
Personal injury protection--Denial of benefits--Medical bills not submitted on proper forms 1DCA 150b
Personal injury protection--Denial of benefits--Medical bills not timely submitted to insurer by medical providers--Insured's claim for reimbursement for health insurance lien asserted against proceeds of settlement with tortfeasor 1DCA 150b
Personal injury protection--Denial of benefits--Medical report--Necessity 3DCA 34a
Personal injury protection--Denial of benefits--Medical report--Report not based on personal examination of insured 3DCA 51b
Personal injury protection--Denial of benefits--Medical report--Report not based on personal examination of insured or on independent medical examination 4DCA 334a
Personal injury protection--Denial of benefits--Treatment not reasonable, related, or necessary--Medical report--Report obtained more than thirty days after receipt of claim 3DCA 34a
Personal injury protection--Disclosure and acknowledgment form--Condition precedent to payment of bills and filing of suit 5DCA 215b
Personal injury protection--Disclosure and acknowledgment form--Incomplete form--Preclusion of further claims 5DCA 215b
Personal injury protection--Examination under oath--Condition precedent to suit against insurer--Applicability--Provider/assignee's action against insurer--Policy requiring EUO of "any person or organization" seeking payment 5DCA 1020a
Personal injury protection--Explanation of benefits--Failure to provide 4DCA 501a
Personal injury protection--Fraudulent claim--Summary judgment 3DCA 892a
Personal injury protection--Notice of claim--Disclosure and acknowledgment form--Incomplete form 5DCA 215b
Personal injury protection--Notice of loss--Claim form--Professional license number--Independent diagnostic corporate supplier of MRI services 4DCA 613b
Personal injury protection--Overdue benefits--Presuit notice--Retroactive application of statutory amendment to policies issued prior to effective date of amendment SCO 81a; SCO 222b
Personal injury protection--Provider's action against insurer--Conditions precedent--Examination under oath--Assignee's agreement to be bound by EUO clause--Necessity--Policy requiring EUO of "any person or organization" seeking payment 5DCA 1020a
Personal injury protection--Standing to sue for nonpayment of medical bills--Insured who had made unqualified assignment to provider--Assignment stating that insured remained liable for any bills not paid by insurer 3DCA 1091a
Personal injury protection--Standing to sue for nonpayment of medical bills--Insured who had made unqualified assignment to provider--Revocation of assignment--Provider's failure to bring claim for bills 3DCA 1091a
Personal injury protection--Summary judgment--Affidavit in opposition to motion--Discrepancy between first and second affidavits--Striking of second affidavit 3DCA 1302a
Personal injury protection--Withdrawal of benefits--Medical report--Report not based on personal examination of insured 3DCA 51b
Premiums--Challenge--Failure of insurer to apply statutorily-mandated premium discount--Exhaustion of administrative remedies 4DCA 129a
Premiums--Challenge--Failure of insurer to apply statutorily-mandated premium discount--Remedy 4DCA 129a
Premiums--Homeowners insurance--Failure of insurer to apply statutorily-mandated premium discount--Exhaustion of administrative remedies 4DCA 129a
Premiums--Homeowners insurance--Failure of insurer to apply statutorily-mandated premium discount--Remedy 4DCA 129a
Property--Appraisal--Claims contested in affirmative defenses--Failure to resolve prior to entering final judgment 4DCA 1117b
Rental dwelling--Subrogation--Action by insurer which had paid landlord for fire damage against tenant whose negligence allegedly caused fire 3DCA 352a
Rescission of policy--Automobile insurance--Misrepresentations on application--Modification of vehicle 1DCA 870a
Rescission of policy--Misrepresentations on application--Automobile insurance--Modification of vehicle 1DCA 870a
Stacking--Uninsured motorist--Anti-stacking provision in policy covering vehicle registered and principally garaged in foreign state, and issued and delivered to Florida residents in Florida--Enforceability under Florida law SCO 201a
Subrogation--Co-insured--Tenant as co-insured of policy issued to landlord--Proper analysis 3DCA 352a
Subrogation--Rental dwelling--Action by insurer which had paid landlord for fire damage against tenant whose negligence allegedly caused fire 3DCA 352a
Surplus lines--Notice of nonrenewal--Failure to provide 1DCA 794a; 1DCA 1268a
Title insurance--Company's vicarious liability for agent's breach of fiduciary duty 1DCA 824d
Uninsured motorist--Attorney's fees--Appeals--Order awarding fees in coverage action contingent upon finding insurer liable on amended claim of bad faith 5DCA 624b
Uninsured motorist--Attorney's fees--Appellate--Offer of judgment--Judgment not rising to level necessary for award of fees 5DCA 624b
Uninsured motorist--Rejection of coverage--Notice of UM coverage options "at least annually"--Six-month renewal notice 1DCA 732b
Uninsured motorist--Stacking--Anti-stacking provision in policy covering vehicle registered and principally garaged in foreign state, and issued and delivered to Florida residents in Florida--Enforceability under Florida law SCO 201a
Valued Policy Law--Homeowners--Duplication of benefits--Award of policy limits under homeowners policy after insureds had been paid under separate flood insurance policy 1DCA 868a
Valued Policy Law--Homeowners--Total loss or constructive total loss caused by wind--Award of policy limits--Setoff of amount paid to insureds under separate flood insurance policy 1DCA 868a
Viatical settlement providers--Rules--Documentation of changes to provider's method of operation in annual report 1DCA 814b
Viatical settlement providers--Rules--Documents, policies, and procedures used by Office of Insurance Regulation in its examination of providers--Unpromulgated rules 1DCA 1276a
Viatical settlement providers--Rules--Letters sent to licensees by Office of Insurance Regulation requesting production of records for examination, including records of out-of-state viatical settlement agreements--Unpromulgated rules 1DCA 1276a
Windstorm--Action by insured to recover for damages caused by hurricane--Judicial estoppel--Failure to disclose claim in insured's bankruptcy proceeding 5DCA 1257a
Windstorm--Appraisal--Items that had not been adjusted 1DCA 802a
Windstorm--Appraisal--Timeliness of demand 1DCA 802a
INTEREST
Prejudgment--Attorney's fees--Charging lien--Rate 2DCA 1228a
Prejudgment--Attorney's fees--Period between date of hearing to determine amount of fee award and date of judgment setting amount of fees 2DCA 269a
Prejudgment--Class action--Class made up of owners of residential citrus trees which were destroyed by state on various dates 4DCA 1062a
Prejudgment--Damages--Anticipated profits--Losses which cannot be fixed with certainty to particular date 4DCA 671a
Prejudgment--Date of loss--Absence of finding 4DCA 128c
Prejudgment--Liquidated damages--Absence of jury finding expressly fixing date when obligation to pay damages became due 1DCA 91a
Prejudgment--Liquidated damages--Award of direct job costs based on specific invoices 4DCA 787a
Prejudgment--Loss of vested property right with date of loss ascertainable from evidence as to when property damage occurred 1DCA 91a
Prejudgment--Quantum meruit 4DCA 787a
Prejudgment--Rate--Statutory rate 4DCA 128c
Prejudgment--Settlement agreement--Default--Evidentiary hearing--Settlement agreement not specifying method of calculating prejudgment interest in event of default 2DCA 2b
Prejudgment--Trespass--Absence of out-of-pocket expenditures by property owner 1DCA 91a
Torts--Trespass--Damages--Interest--Prejudgment--Absence of out-of-pocket expenditures by property owner 1DCA 91a
JOINT VENTURES
Oral agreement--Agreement to agree 4DCA 774a
Oral agreement--Statute of frauds 4DCA 774a
JUDGES
Certification of need for additional judges SCO 139a
Criminal proceedings--Comments to counsel--Admonishment of defense counsel during cross-examination of codefendant concerning sentence codefendant might receive pursuant to plea bargain SCO 153a
Criminal proceedings--Departure from neutrality--Removal of jury from courtroom during prosecution witness's testimony and engaging witness in manner suggesting that testimony should be identical to that of pretrial deposition in which witness named defendant as offender 2DCA 123a
Criminal proceedings--Departure from neutrality--Voir dire--Capital case--Sua sponte excusal for cause of juror whose child had been recently murdered--Appeals--Preservation of issue SCO 7a
Criminal proceedings--Disqualification--Successor judge--Prohibition 2DCA 632a
Criminal proceedings--Ethical violations--Habeas corpus--Judicial Qualifications Commission jurisdiction 1DCA 1104a
Criminal proceedings--Ex parte communications--Probation revocation proceeding--Conversations with attorney and bailiff in which trial court made statements regarding defendant's guilt--New hearing 2DCA 397b
Criminal proceedings--Post conviction relief--Successor judge--Reliance on evidentiary hearing conducted by predecessor judge 2DCA 920a
Criminal proceedings--Probation revocation--Successor judge 3DCA 953a
Criminal proceedings--Successor judge--Disqualification--Prohibition 2DCA 632a
Criminal proceedings--Successor judge--Probation revocation 3DCA 953a
Discipline--Employing unduly rigid and formulaic process in dealing with pro se litigants seeking injunctions for protection against domestic or repeat violence--Public reprimand SCO 111a
Discipline--Failure to avoid impropriety and appearance of impropriety--Public reprimand SCO 111a
Discipline--Failure to perform duties of judicial office impartially and diligently--Public reprimand SCO 111a
Discipline--Increase in pretrial bond as punishment for expressing desire to recuse judge--Public reprimand SCO 111a
Discipline--Placement of misleading information in election campaign materials--Public reprimand SCO 84a; SCO 199a
Disqualification--Financial interest 1DCA 313a
Disqualification--Judge who had been sued by party's counsel during course of recent judicial election 3DCA 1004a
Disqualification--Jurisdiction--Appellate court's issuance of order to show cause which had effect of staying proceedings in trial court 4DCA 820a
Disqualification--Objectively reasonable basis to fear bias--Cumulative incidents occurring over long period of time 4DCA 820a
Disqualification--Successor judge--Prohibition 2DCA 632a
Disqualification--Timeliness of motion 4DCA 820a
Sleeping during voir dire and opening statements--Prejudice 3DCA 733a
Successor--Disqualification--Prohibition 2DCA 632a
Successor--Probation revocation 3DCA 953a
Successor--Reliance on evidentiary hearing conducted by predecessor judge--Criminal post conviction proceedings 2DCA 920a
Successor--Ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
JURISDICTION
Child custody--Uniform Child Custody Jurisdiction and Enforcement Act--Florida not child's home state--No other state having jurisdiction 5DCA 914a
Child custody--Uniform Child Custody Jurisdiction and Enforcement Act--Home state of child 1DCA 545b
Child support--Administrative support order--Abatement of obligation for thirty days pending hearing on motion to vacate--Appeal pending 4DCA 29a
Criminal case--Habeas corpus--Challenge to sufficiency of evidence to support conviction--Court in judicial circuit other than circuit where defendant was convicted 3DCA 57a
Criminal case--Habeas corpus--Court in judicial circuit other than circuit where defendant was convicted--Challenge to sufficiency of evidence to support conviction 3DCA 57a
Criminal case--Habeas corpus--Petition alleging illegal sentence 1DCA 1279a
Criminal case--Plea--Withdrawal--Notice of appeal filed 1DCA 1214a
Criminal case--Post conviction relief--Amended motion--Premature appeal of order denying initial motion 2DCA 436b
Criminal case--Post conviction relief--Appeal pending 1DCA 714a
Criminal case--Post conviction relief--Pendency of appeal of denial of prior post conviction motion 2DCA 1150b
Criminal case--Post conviction relief--Petition alleging ineffective assistance of appellate counsel pending in appellate court 5DCA 696a
Criminal case--Post-trial release--Supersedeas bond--Record on appeal transmitted to appellate court--Concurrent jurisdiction 2DCA 977a
Criminal case--Probation revocation--Expiration of probationary term--Tolling of probationary term--Prior probation violations--Original probationary term continued after prior violations 5DCA 1203b
Criminal case--Probation revocation--Offense for which sentence completed 4DCA 1117a
Criminal case--Restitution--Appeal pending 1DCA 928a
Criminal case--Sentencing--Correction--Appeal of prior motion pending--Appellate court having ruled and issued mandate 5DCA 1258b
Criminal case--Sentencing--Correction--Appeal pending--Appeal voluntarily dismissed prior to ruling on motion 2DCA 478b
Criminal case--Sentencing--Correction--Appeal pending from denial of prior motion--Prior motion raising different issue 2DCA 531b
Criminal case--Sentencing--Correction--Expiration of sixty-day period 2DCA 164a; 2DCA 165a
Criminal case--Sentencing--Correction--Motion filed too late for court to rule on motion within sixty-day period 2DCA 704b
Criminal case--Sentencing--Modification--Motion filed within 60-day time limit but not ruled upon within that period SCO 263a
Criminal case--Sentencing--Probation revocation--Count for which defendant was not on probation--Correction of sentence 2DCA 531b
Criminal case--Sexual predator designation--Appeal pending 1DCA 928a
Dependent children--Appointment of counsel for child--Appeals of other orders pending--Concurrent jurisdiction 3DCA 155a
Dissolution of marriage--Restitution--Support monies, attorney's fees, and costs previously given to wife before appellate court reversed denial of husband's motion to dismiss for lack of personal jurisdiction--Authority to order restitution on remand 4DCA 1295a
District court--Appeal of criminal contempt order--Contempt arising from felony proceeding in circuit court--Misdemeanor case number assigned by clerk 4DCA 884a
District court--Death penalty case--Exclusive jurisdiction of supreme court--Scope--Collateral proceedings in cases in which supreme court has vacated death sentence and remanded for further proceedings 3DCA 31b
Florida Deceptive and Unfair Trade Practices Act--Activity regulated under laws administered by Public Service Commission--Claims arising out of electric utility's PSC-approved incentive program 3DCA 33b
Forum non conveniens--Dismissal--Premature dismissal--Discovery not complete 3DCA 1239b
Forum non conveniens--More convenient forum--Absence of evidence 3DCA 186a
Forum non conveniens--Proper analysis 3DCA 1239b
Forum non conveniens--Wrongful death--Automobile accident caused by tire blowout and vehicle rollover--Action against tire and vehicle manufacturers 4DCA 836a
Forum selection clause--Cruise ship ticket contract--Requirement that actions be brought in admiralty in U.S. District Court for Southern District of Florida 3DCA 1236a
Forum selection clause--Cruise ship ticket contract--Requirement that actions be filed exclusively in U.S. District Court for Southern District of Florida 3DCA 48c; 3DCA 467a
Forum selection clause--Limited liability company operating agreement--Enforceability--Judicial dissolution of LLC 1DCA 1370a
Forum selection clause--Mandatory clause 5DCA 911b
Judges--Disqualification--Appellate court's issuance of order to show cause which had effect of staying proceedings in trial court 4DCA 820a
Limited liability companies--Dissolution--Judicial--Forum selection clause in operating agreement--Enforceability 1DCA 1370a
Mortgage foreclosure--Deficiency--Assignee--Post-foreclosure joinder of assignee for purposes of seeking deficiency decree 4DCA 7c
Mortgage foreclosure--Non-resident owner 4DCA 835c
Mortgage foreclosure--Service of process--Defects--Waiver 4DCA 752a
Non-residents--Absence of general or specific jurisdiction under long arm statute 5DCA 911b
Non-residents--Business activity in state--Substantial and not isolated activity--Submission of orders to plaintiff's Florida warehouse for shipment to out-of-state customers 4DCA 940a
Non-residents--Business or business venture in state 3DCA 890a
Non-residents--Business or business venture in state in state--Not-for-profit club whose business is conducted from home of Florida resident 4DCA 159a
Non-residents--Contracts--Failure to perform acts required to be performed in state--Non-resident's breach of noncompetition covenant by contacting out-of-state clients 4DCA 940a
Non-residents--Foreign attorney--Summary proceeding filed in original action to determine entitlement to charging lien--Failure to plead facts to subject law firm to personal jurisdiction 2DCA 580a
Non-residents--Forum selection clause 4DCA 940a
Non-residents--Forum selection clause in settlement agreement 5DCA 911b
Non-residents--Insufficient allegations to demonstrate that defendant is subject to jurisdiction under long-arm statute 2DCA 983a
Non-residents--Minimum contacts--Defendants availing themselves of privilege of doing business in state and reasonably anticipating being haled into courts in state 3DCA 890a
Non-residents--Minimum contacts--Not-for-profit club which receives dues from Florida residents, holds dog shows in Florida, and receives advertising revenue for magazine mailed to Florida residents 4DCA 159a
Non-residents--Minimum contacts--Submission of orders to plaintiff's Florida warehouse for shipment to out-of-state customers 4DCA 940a
Non-residents--Mortgage foreclosure 4DCA 835c
Non-residents--Tortious act in state--Defamation--Posting of defamatory information about a Florida business on website--Website posts accessible and accessed in Florida SCO 349a
Non-residents--Tortious act in state--Defamatory e-mails sent to Florida residents 5DCA 78a
Non-residents--Torts--Defamation--Posting of defamatory information about a Florida business on website--Website posts accessible and accessed in Florida SCO 349a
Service of process--Corporations--Neither summons nor return of service stating that corporation was served or that individual was being served as registered agent or corporate officer of corporation 3DCA 460a
Service of process--Defects--Waiver 4DCA 752a
Service of process--Failure to perfect within 120 days--Dismissal--Service perfected, albeit defectively, within time period designated by court 5DCA 1347a
Service of process--Publication--Affidavit of diligent search and inquiry--Form--Amendment to rules of civil procedure SCO 97b; SCO 317a
Service of process--Publication--Diligent search 3DCA 348a; 5DCA 574a
Service of process--Quashal--Vacation of order--Nonfinal order 4DCA 753a
Service of process--Return of service regular on its face 3DCA 772a
Service of process--Substituted--Due diligence in attempting to locate defendant 3DCA 173a
Service of process--Substituted--Noncompliance with statute 4DCA 137c
Service of process--Substituted--Statutory notice requirements--Filing of signed return receipt for certified mail--Exceptions--Intentional refusing or rejecting substituted process--Sufficiency of evidence 4DCA 753a
Service of process--Substituted--Statutory notice requirements--Noncompliance--Filing of unsigned return receipt for certified mail 4DCA 753a
Service of process--Substituted--Sufficiency of allegations 4DCA 753a
Supreme court--Death penalty case--Exclusive jurisdiction of supreme court--Scope--Collateral proceedings in cases in which supreme court has vacated death sentence and remanded for further proceedings 3DCA 31b
Torts--Cruise ship--Forum selection clause in cruise ship ticket contract--Requirement that actions be filed exclusively in U.S. District Court for Southern District of Florida 3DCA 48c; 3DCA 467a
Venue--Transfer--Vacation of order--Transferee court having received court file, and all applicable costs and service charges paid 3DCA 549b
JURY TRIAL
Criminal case--Second phase of felony DUI proceeding--Waiver--Absence of valid waiver 4DCA 650a
Criminal case--Waiver--Second phase of felony DUI proceeding--Absence of valid waiver 4DCA 650a
Damages--Unliquidated 3DCA 412a
Waiver 3DCA 901c
JUVENILES
Absence of juvenile--Restitution hearing 1DCA 100a
Appeals--Appeal by state--Order vacating plea and setting aside judgment and sentence--Statutory authority to appeal order 4DCA 1338b
Appeals--Certiorari--Plea--Vacation--Adherence to essential requirements of law 4DCA 1338b
Appeals--Costs--Crimes Compensation Trust Fund--Failure to assess--Preservation of issue 4DCA 877c
Appeals--Non-final orders--Order deferring payment of court costs 5DCA 75c
Appeals--Order deferring payment of court costs 5DCA 75c
Appeals--Restitution--Preservation of issue 3DCA 848d
Attempted tampering with evidence--Intent to alter or destroy evidence--Throwing baggies of methamphetamine out window of vehicle being stopped by police officer 2DCA 38b
Battery--Reclassification of offense based on victim's status as school employee--Transferred intent 5DCA 483b
Battery--School employee--Transferred intent 5DCA 483b
Battery--Self-defense--Rebuttal of defense by state--Sufficiency of evidence 4DCA 883a
Battery on school employee--Sufficiency of evidence 3DCA 898a
Carrying concealed firearm--Adjudication based on belief that crime was lesser included offense of original charge of possession of firearm on school property--Uncharged offense 4DCA 505a
Competency of juvenile--Mental evaluation--Costs--Assessment against juvenile 5DCA 851b; 5DCA 1140b
Contempt--Direct criminal--Failure to appear at docket call--Willfulness 4DCA 505b
Contempt--Indirect criminal--Compliance with procedural rule 4DCA 586b
Contempt--Refusal to comply with court orders not to run away from home--Civil/criminal contempt--Sanction of house arrest 4DCA 586b
Costs--Court costs--Adjudication withheld 4DCA 877c
Costs--Court costs--Appeals--Non-final orders--Payment deferral 5DCA 75c
Costs--Crimes Compensation Trust Fund--Absence of statutory reference 2DCA 1230b
Costs--Crimes Compensation Trust Fund--Failure to assess--Appeals--Preservation of issue 4DCA 877c
Costs--Mandatory--Absence of statutory reference 2DCA 1230b
Costs--Mental evaluation of juvenile--Assessment of costs against juvenile 5DCA 1140b
Costs--Prosecution costs 5DCA 522c
Counsel--Waiver--Knowing and voluntary waiver 1DCA 417a
Dealing in stolen property--Grand theft--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Delinquency petition--Amendment--Amendment to correct defect or variance--Amendment to charge juvenile with loitering and prowling by attempting to open doors of residences rather than attempting to open doors of vehicles 4DCA 69a
Detention--Secure detention--Administrative access to get juvenile needed help 3DCA 740a
Detention--Secure detention--Detention contrary to statutory criteria--Habeas corpus 3DCA 899c
Detention--Secure detention--Hearings--Need for continued detention 4DCA 787b
Detention--Secure detention--Hearings--Need for continued detention--Need for further continuance of proceedings--Separate inquiries 4DCA 787b
Detention--Secure detention--Juvenile awaiting placement in moderate-risk residential program--Detention in excess of fifteen days--Habeas corpus 4DCA 293a
Dismissal--Amendment of delinquency petition to correct defect or variance--Amendment to charge juvenile with loitering and prowling by attempting to open doors of residences rather than attempting to open doors of vehicles 4DCA 69a
Dismissal--Judgment of--Grand theft of motor vehicle--Absence of evidence that car was stolen as opposed to being towed away by code enforcement 2DCA 1150a
Disposition order--Correction--Conformance to oral pronouncement 2DCA 811b
Disposition order--Correction--Entry of amended orders of commitment more than 30 days after motion to correct disposition error filed 2DCA 367a
Disposition order--Correction--Scrivener's error 1DCA 275a
Disposition order--Single order for multiple cases 2DCA 811b
Double jeopardy--Dealing in stolen property--Grand theft--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Double jeopardy--Grand theft--Dealing in stolen property--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Evidence--Grand theft--Value of stolen property--Property stolen from school--Principal's testimony regarding price of objects, condition at time of crime, and cost to replace 3DCA 1239a
Evidence--Photographic--Photographs produced from surveillance video--Duplicates 3DCA 49c
Evidence--Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Contents of BOLO dispatch 4DCA 879b
Evidence--Statements of juvenile--Custody--Interview of 11-year-old in small room under camera surveillance without presence of juvenile's mother for purpose of obtaining incriminating responses 4DCA 1055a
Evidence--Statements of juvenile--Custody--Ramirez factors 4DCA 1055a
Evidence--Statements of juvenile--Date of birth 3DCA 1003a
Evidence--Statements of juvenile--Voluntariness--Absence of parent 3DCA 1237b
Evidence--Statements of juvenile--Voluntariness--Factors 3DCA 1237b
Evidence--Statements of juvenile--Voluntariness--Mental retardation 3DCA 1237b
False name to law enforcement officer--Lawful detention 3DCA 25a
Firearms--Possession of firearm by minor--Evidence--Statements of juvenile--Date of birth 3DCA 1003a
Firearms--Possession on school property--Lesser included offense--Carrying concealed weapon 4DCA 505a
Furnishing weapon to minor under age eighteen--Switchblade knife 5DCA 523c
Grand theft--Adjudication of guilt as category two lesser included offense of trafficking in stolen property--Charging document not charging all elements of grand theft 3DCA 649a
Grand theft--Dealing in stolen property--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Grand theft--Value of stolen property--Market value 3DCA 673a
Grand theft--Value of stolen property--Minimum value self-evident 3DCA 673a
Grand theft--Value of stolen property--Property stolen from school--Evidence--Principal's testimony regarding price of objects, condition at time of crime, and cost to replace 3DCA 1239a
Grand theft--Value of stolen property--Replacement cost 3DCA 673a
Grand theft of motor vehicle--Judgment of dismissal--Absence of evidence that car was stolen as opposed to being towed away by code enforcement 2DCA 1150a
Habeas corpus--Secure detention--Detention contrary to statutory criteria 3DCA 899c
Habeas corpus--Secure detention--Hearings--Need for continued detention 4DCA 787b
Habeas corpus--Secure detention--Hearings--Need for continued detention--Need for further continuance of proceedings--Separate inquiries 4DCA 787b
Habeas corpus--Secure detention--Juvenile awaiting placement in moderate-risk residential program--Detention in excess of fifteen days 4DCA 293a
Lesser included offenses--Category two lesser included offense--Charging document not charging all elements of lesser included offense 3DCA 649a
Lesser included offenses--Possession of firearm on school property--Carrying concealed weapon 4DCA 505a
Loitering and prowling--Dismissal of delinquency petition--Amendment of petition prior to adjudicatory hearing to correct defects or variances 4DCA 69a
Loitering and prowling--Dismissal of delinquency petition--Amendment to charge juvenile with loitering and prowling by attempting to open doors of residences rather than attempting to open doors of vehicles 4DCA 69a
Petit theft--Evidence--Photographs produced from surveillance video--Duplicates 3DCA 49c
Plea--Vacation--Appeals--Appeal by state--Statutory authority to appeal order 4DCA 1338b
Plea--Vacation--Appeals--Certiorari--Adherence to essential requirements of law 4DCA 1338b
Plea--Vacation--Inadequacy of plea colloquy--Timeliness of motion--Filing of motion within one year of discovering consequences of plea 4DCA 1338b
Plea--Vacation--Misadvice of counsel concerning consequences of plea--Timeliness of motion--Filing of motion within one year of discovering consequences of plea 4DCA 1338b
Plea--Vacation--Timeliness of motion--Filing of motion within one year of discovering consequences of plea 4DCA 1338b
Plea--Vacation--Void judgment--Failure to advise of consequences of plea--Prejudice 4DCA 1338b
Plea--Withdrawal--Timeliness of motion 1DCA 1379a
Possession of firearm by minor--Evidence--Statements of juvenile--Date of birth 3DCA 1003a
Possession of firearm on school property--Lesser included offense--Carrying concealed weapon 4DCA 505a
Possession of marijuana--Constructive possession--Marijuana found in proximity to juvenile at time he was discovered in utility room--Juvenile's statement that he was in utility room with his companions "to smoke" 4DCA 610b
Probation--Conditions--Payment of costs of mental competency evaluations--Indigent juvenile 5DCA 851b
Probation--Conditions--Payment of public defender's fee 5DCA 851b
Probation--Revocation--Conditions not checked off on form order of probation 3DCA 359a
Probation--Revocation--Failure to abide by curfew 3DCA 359a
Probation--Revocation--Failure to appear for scheduled intake at Dade Marine Institute 3DCA 359a
Probation--Revocation--Valid and invalid violations 3DCA 359a
Public defenders--Fees--Assessment against juvenile and parents 5DCA 851b
Public defenders--Fees--Notice and opportunity to be heard 2DCA 877a; 2DCA 1211b
Public defenders--Fees--Notice of right to contest amount 5DCA 1256a
Public defenders--Lien--Imposition against juvenile's indigent parents 5DCA 1256a
Refusal to comply with court orders not to run away from home--Contempt--Civil/criminal contempt--Sanction of house arrest 4DCA 586b
Resisting, obstructing, or opposing officer without violence--Flight--Knowledge of officer's intent to detain juvenile 4DCA 841a; 3DCA 1093c
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Evidence--Contents of BOLO dispatch 4DCA 879b
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Investigatory stop--Flight in high-crime area--Failure to prove 3DCA 1093c
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Investigatory stop--Juvenile who was walking down street in "high prostitution area" at 9:30 in evening--Absence of founded suspicion 3DCA 900a
Restitution--Appeals--Preservation of issue 3DCA 848d
Restitution--Counsel--Waiver--Knowing and voluntary waiver 1DCA 417a
Restitution--Damage not causally connected or significantly related to offense 3DCA 604a
Restitution--Hearing--Absence of juvenile 1DCA 100a
Restitution--Payment schedule--Commencement--Unemployed juvenile SCO 5a
Retaliating against witness--Threat occurring prior to witness's testimony in official proceeding 3DCA 902a
Rules of procedure--Amendment--Family Law Cover Sheet--New rule requiring use of cover sheet in juvenile cases SCO 370a
Search and seizure--Consensual encounter--Police converging on parking lot where juvenile was standing, combined with detective's directive to "come back" as juvenile walked away 4DCA 451a
Search and seizure--Consent--Juvenile's parent 4DCA 235a
Search and seizure--Investigatory stop--Founded suspicion--Juvenile walking down street in "high prostitution area" at 9:30 in evening 3DCA 900a
Search and seizure--Investigatory stop--Juvenile matching description given by citizen informant who reported burglary and pointed out direction taken by juvenile 3DCA 25a
Search and seizure--Pat down--Reasonable belief that juvenile was armed or dangerous--Juvenile moving hands near waistband during daytime investigatory stop in which officer's concern regarding criminal activity had already been dispelled 4DCA 1290b
Search and seizure--Pat down--Reasonable suspicion--Placing hands in pocket during stop for noncriminal infraction in high crime area 5DCA 629e
Search and seizure--Purse--Consent--Juvenile's parent 4DCA 235a
Search and seizure--Stop--Consensual encounter--Police converging on parking lot where juvenile was standing, combined with detective's directive to "come back" as juvenile walked away 4DCA 451a
Search and seizure--Stop--Flight--Juvenile observed jumping over fence and running from backyard that was not his in high crime area 3DCA 770a
Search and seizure--Stop--Investigatory--Founded suspicion--Juvenile walking down street in "high prostitution area" at 9:30 in evening 3DCA 900a
Search and seizure--Stop--Investigatory--Juvenile matching description given by citizen informant who reported burglary and pointed out direction taken by juvenile 3DCA 25a
Search and seizure--Stop--Reasonable suspicion--Presence in parking lot late at night in high narcotics area 4DCA 451a
Search and seizure--Suppression hearing--Conflicting versions of circumstances by juvenile and police--Factual resolution by trial court 3DCA 1196c
Search and seizure--Vehicle--Incident to arrest--Officer safety--Defendant separated from car and handcuffed prior to search--Defendant arrested for fleeing and eluding 2DCA 533b
Search and seizure--Vehicle--Incident to arrest--Reasonable belief that vehicle contained evidence relevant to crime--Fleeing and eluding 2DCA 533b
Secure detention--Administrative access to get juvenile needed help 3DCA 740a
Secure detention--Detention contrary to statutory criteria--Habeas corpus 3DCA 899c
Secure detention--Hearings--Need for continued detention 4DCA 787b
Secure detention--Hearings--Need for continued detention--Need for further continuance of proceedings--Separate inquiries 4DCA 787b
Secure detention--Juvenile awaiting placement in moderate-risk residential program--Detention in excess of fifteen days--Habeas corpus 4DCA 293a
Self-defense--Rebuttal of defense by state--Sufficiency of evidence 4DCA 883a
Sentencing--Commitment level--Department of Juvenile Justice recommendation--Rejection--Consecutive/concurrent terms of high-risk commitment 5DCA 484b
Sentencing--Commitment level--Department of Juvenile Justice recommendation--Rejection--Explanation--Standard 1DCA 168a; 4DCA 248b; 2DCA 374b
Sentencing--Considerations--Juvenile's assertion of innocence and demand for trial 3DCA 203a
Sentencing--Disposition order--Correction--Conformance to oral pronouncement 2DCA 811b
Sentencing--Disposition order--Correction--Entry of amended orders of commitment more than 30 days after motion to correct disposition error filed 2DCA 367a
Sentencing--Disposition order--Correction--Scrivener's error 1DCA 275a
Sentencing--Disposition order--Single order for multiple cases 2DCA 811b
Sentencing--Restitution--Appeals--Preservation of issue 3DCA 848d
Sentencing--Restitution--Counsel--Waiver--Knowing and voluntary waiver 1DCA 417a
Sentencing--Restitution--Damage not causally connected or significantly related to offense 3DCA 604a
Sentencing--Restitution--Hearing--Absence of juvenile 1DCA 100a
Sentencing--Restitution--Payment schedule--Commencement--Unemployed juvenile SCO 5a
Sentencing--Serious or habitual offender--Designation--Juvenile not committed to residential program 5DCA 851a
Serious or habitual offender--Designation--Juvenile not committed to residential program 5DCA 851a
Speedy trial--Waiver--Continuance--Motion filed after expiration of speedy trial period SCO 34a
Statements of juvenile--Evidence--Custody--Interview of 11-year-old in small room under camera surveillance without presence of juvenile's mother for purpose of obtaining incriminating responses 4DCA 1055a
Statements of juvenile--Evidence--Custody--Ramirez factors 4DCA 1055a
Statements of juvenile--Evidence--Date of birth 3DCA 1003a
Statements of juvenile--Evidence--Voluntariness--Absence of parent 3DCA 1237b
Statements of juvenile--Evidence--Voluntariness--Factors 3DCA 1237b
Statements of juvenile--Evidence--Voluntariness--Mental retardation 3DCA 1237b
Tampering with evidence--Attempt--Intent to alter or destroy evidence--Throwing baggies of methamphetamine out window of vehicle being stopped by police officer 2DCA 38b
Witnesses--Retaliating against witness--Threat occurring prior to witness's testimony in official proceeding 3DCA 902a
LABOR RELATIONS
Day laborer--Transportation costs--Reasonable amount--Prevailing rate for public transportation in geographic area--Constitutionality of statute 2DCA 423a
Labor Pool Act--Transportation costs--Reasonable amount--Prevailing rate for public transportation in geographic area--Constitutionality of statute 2DCA 423a
Public employees--Unfair labor practices--Change in status quo during collective bargaining--Refusal to provide newly unionized employees with annual wage adjustment--Twenty-year practice of administering annual, across-the-board wage adjustments to employees 2DCA 1228b
Public employees--Unfair labor practices--Employee's action against union--Breach of duty of fair representation--Grievance--Necessity to file grievance 3DCA 961a
Public employees--Unfair labor practices--Employee's action against union--Placement at bottom of seniority list in violation of collective bargaining agreement 3DCA 961a
Unfair labor practices--Change in status quo during collective bargaining--Refusal to provide newly unionized employees with annual wage adjustment--Twenty-year practice of administering annual, across-the-board wage adjustments to employees 2DCA 1228b
Unfair labor practices--Public employees--Employee's action against union--Breach of duty of fair representation--Grievance--Necessity to file grievance 3DCA 961a
Unfair labor practices--Public employees--Employee's action against union--Placement at bottom of seniority list in violation of collective bargaining agreement 3DCA 961a
LANDLORD-TENANT
Default and writ of possession--Failure to timely deposit rent into court registry 3DCA 1192a
Deposit of rent into court registry--Failure to timely comply with court order--Default and writ of possession 3DCA 1192a
Eviction--Judgments--Vacation--Judgments entered four and five years earlier--Judgments entered by judge of competent jurisdiction 4DCA 998a
Eviction--Judgments--Vacation--Judgments entered four and five years earlier--Opportunities to seek review having passed 4DCA 998a
Intervention--Denial of motion--Appeals--Certiorari/plenary appeal 5DCA 1106a
Intervention--Direct and immediate legal interest in underlying litigation--Absence 5DCA 1106a
LICENSING
Driver's license--Revocation--Certiorari review by circuit court--Order to show cause--Failure of Department of Highway Safety and Motor Vehicles to respond--Order to show cause not served on Department 4DCA 569b
Driver's license--Suspension--Criminal trial court 1DCA 714b
Driver's license--Suspension--Refusal to submit to breath test--Lawfulness of arrest--Determination by hearing officer--Absence--Remand to hearing officer 5DCA 850a
Life and health insurance agent--Suspension--Hearing--Untimely petition for hearing--Excusable neglect 5DCA 805a
LIENS
Charging lien--Attorney's fees--Homestead--Insurance proceeds for damage to homestead property 3DCA 767a
Charging lien--Attorney's fees--Prejudgment interest--Rate 2DCA 1228a
Charging lien--Attorney's fees--Premature lien 4DCA 552a
Charging lien--Attorney's fees--Settlement proceeds from consolidated suits on promissory notes--Attorney who contracted to remove causes of action on promissory notes from bankruptcy court jurisdiction in exchange for percentage of any ultimate recovery on those notes--Calculation--Gross/net proceeds 2DCA 1228a
Charging lien--Attorney's fees--Summary proceeding--Jurisdiction--Non-residents--Failure to plead facts to subject foreign law firm to personal jurisdiction 2DCA 580a
Construction--Discharge--Failure of claimant to commence foreclosure action or show cause why enforcement should not be commenced within 20 days after service of summons to show cause within 20 days why lien should not be enforced or vacated 5DCA 1197b
Construction--Foreclosure--Attorney's fees--Prevailing party 3DCA 647b
Construction--Foreclosure--Enforcement of arbitration award in lienor's favor 4DCA 1233a
Construction--Foreclosure--Individual liability--Property owned by LLC 5DCA 627a
Construction--Fraudulent lien--Individual liability--Complaint not alleging individual liability 2DCA 530a
Construction--Fraudulent lien--Individual liability--Individual signing lien as president of his company 2DCA 530a
Construction--Fraudulent lien--Punitive damages--Award for both first claim of lien and amended claim of lien 2DCA 530a
Construction--Leased premises--Improvements to leased storefront pursuant to contract with lessee--Lease prohibiting lessor's liability for lessee's improvements--Notice--Blanket notice--Adequacy--Variance between individual leases and specific language of notice 4DCA 501b
Construction--Vacation--Failure to furnish final payment affidavit--Obligation to furnish affidavit--Factual issue 4DCA 1174a
Judgment--Foreclosure--Vacation of judgment foreclosing lien--Motion filed by attorney ad litem for non-party 3DCA 402a
Judgment--Levy and execution sale--Due process--Notice to third-party purchaser 4DCA 550a
Mechanic's lien--Discharge--Failure of claimant to commence foreclosure action or show cause why enforcement should not be commenced within 20 days after service of summons to show cause within 20 days why lien should not be enforced or vacated 5DCA 1197b
Mechanic's lien--Foreclosure--Attorney's fees--Prevailing party 3DCA 647b
Mechanic's lien--Foreclosure--Enforcement of arbitration award in lienor's favor 4DCA 1233a
Mechanic's lien--Foreclosure--Individual liability--Property owned by LLC 5DCA 627a
Mechanic's lien--Fraudulent lien--Individual liability--Complaint not alleging individual liability 2DCA 530a
Mechanic's lien--Fraudulent lien--Individual liability--Individual signing lien as president of his company 2DCA 530a
Mechanic's lien--Fraudulent lien--Punitive damages--Award for both first claim of lien and amended claim of lien 2DCA 530a
Mechanic's lien--Leased premises--Improvements to leased storefront pursuant to contract with lessee--Lease prohibiting lessor's liability for lessee's improvements--Notice--Blanket notice--Adequacy--Variance between individual leases and specific language of notice 4DCA 501b
Mechanic's lien--Vacation--Failure to furnish final payment affidavit--Obligation to furnish affidavit--Factual issue 4DCA 1174a
Restitution--Prisoners--Civil restitution lien for costs of incarceration--Assertion as counterclaim in prisoner's tort action against Department of Corrections--Limitation of actions 1DCA 228a
Retaining lien--Attorney's fees--Contingency fee arrangement--Contingency not having occurred 3DCA 738b
LIMITATION OF ACTIONS
Amended complaint--Relation back 3DCA 1190a
Amended complaint--Relation back--Addition of party--Prejudice--Knowledge of claim prior to amendment of complaint 5DCA 1346a
Applicable statute--Amended statute--Cause of action extinguished by existing statute before effective date of amended statute 1DCA 228a
Contracts--Determination by arbitrator 4DCA 3b
Criminal case--Grand theft--Arrest more than five years after cause of action accrued 4DCA 248a
Eminent domain--Inverse condemnation--Accrual of cause of action--As-applied taking 3DCA 1305a
Eminent domain--Inverse condemnation--Commencement of period--Clear determination as to permissible use of property 3DCA 896a
Eminent domain--Inverse condemnation--Commencement of period--Regulatory taking as result of county's adoption of new land use plan--Administrative appeal of county's denial of application for building permit 3DCA 26a
Estates--Personal representative--Disqualification--Applicability of three-month limitations period--Challenge to qualification of nonresident personal representative 1DCA 730a
Mortgage foreclosure--Appeals--Preservation of issue 4DCA 752a
Promissory notes 3DCA 1182a
Restitution--Lien for costs of incarceration--Applicable statute 1DCA 228a
Restitution--Lien for costs of incarceration--Commencement of period 1DCA 228a
Statute of repose--Product liability--Affirmative defense 1DCA 541a
Tolling--Payment of any part of principal or interest of any obligation or liability founded on written instrument--Mortgage payments--Action alleging that costs of single premium credit insurance purchased on mortgages were excessively inflated 1DCA 539b
Tolling--Workers' compensation--Filing of petition for benefits--Voluntarily dismissed petition--Filing of "Notice of Resolution of Issues" advising judge of compensation claims that parties had resolved claim and requesting cancellation of previously scheduled final hearing 1DCA 732a
Tolling--Workers' compensation--Filing of properly drafted petition for benefits 1DCA 85a
Torts--Defamation--Expiration of statute of limitations before expiration of five-day period for giving notice 2DCA 114b
Workers' compensation--Estoppel--Failure of employer/carrier to act when it was under duty to do so--Claimant misled to her detriment due to e/c's omission 1DCA 1394a
Workers' compensation--Raising of defense in initial response to petition for benefits--Denial of claim "in its entirety" without stating basis for denial 1DCA 962a
Workers' compensation--Tolling of period--Filing of petition for benefits--Voluntarily dismissed petition--Filing of "Notice of Resolution of Issues" advising judge of compensation claims that parties had resolved claim and requesting cancellation of previously scheduled final hearing 1DCA 732a
Workers' compensation--Tolling of period--Filing of properly drafted petition for benefits 1DCA 85a
Wrongful death--Product liability--Aircraft--General Aviation Revitalization Act statute of repose--Affirmative defense 1DCA 541a
Wrongful death--Product liability--Statute of repose--Affirmative defense 1DCA 541a
LIMITED LIABILITY COMPANIES
Creditors' rights--Execution on interest in single-member LLC SCO 357a
Dissolution--Judicial--Jurisdiction--Forum selection clause in operating agreement--Enforceability 1DCA 1370a
MANDAMUS
Administrative law--Rendition of final order by filing with clerk 1DCA 107c
Amended petition--Timeliness 1DCA 595a
Arbitration--Ruling on whether party is required to proceed to arbitration 3DCA 999b
Criminal case--Appeals--Voluntary dismissal--Ruling on motion--Motion filed in wrong forum 1DCA 592a
Criminal case--Defense counsel--Response to former client's request for copies of criminal records and return of certain documents belonging to client 2DCA 810a
Criminal case--Habeas corpus--Acceptance of pro se petition for filing and consideration--Petitioner prohibited from pro se filings by prior unappealed circuit court order 1DCA 233a
Criminal case--Post conviction relief--Reinstatement of motion and assignment to different judge--Judge who acted on motion disqualified prior to trial proceedings based on prior prosecution of defendant while judge was assistant state attorney 1DCA 212a
Criminal case--Ruling on motion for post conviction relief 1DCA 315b
Criminal case--Ruling on petition for writ of habeas corpus 1DCA 545c
Criminal case--Sentencing--Ruling on rule 3.800(a) motion--Jurisdiction divested by filing of direct appeal 1DCA 592a
Florida Civil Commitment Center--Disciplinary sanctions--Striking of sanctions from resident's record--Exhaustion of administrative remedies 2DCA 1099b
Municipal corporations--Performance of discretionary act 2DCA 698a
Municipal corporations--Public records production--Appraisals obtained during real property purchase negotiations 5DCA 756a
Parole Commission--Presumptive parole release date--Administrative review--Consideration of untimely petition for review--Delay in receipt of notice of determination 1DCA 1170a
Prisoners--Gain time--Forfeiture--Challenge--Res judicata--Issues properly remedied in prior case 1DCA 800c
Prisoners--Gain time--Incentive gain time and basic gain time earned since return to custody--Res judicata--Issues not addressed in prior proceedings 1DCA 800c
MARITIME LAW
Torts--Jurisdiction--Forum selection clause in cruise ship ticket contract--Requirement that actions be brought in admiralty in U.S. District Court for Southern District of Florida 3DCA 1236a
Torts--Jurisdiction--Forum selection clause in cruise ship ticket contract--Requirement that actions be filed in U.S. District Court for Southern District of Florida 3DCA 48c; 3DCA 467a
MARRIAGE
Validity--Unlicensed marriage 1DCA 709a
MEDIATION
Rules for Certified and Court-Appointed Mediators--Amendment--Marketing practices SCO 191a
MEDICAL MALPRACTICE
Appeals--Argument--Improper argument on postoperative negligence--Preservation of issue SCO 137a
Argument--Failure of defendant to move into evidence a chronology of events--Plaintiff's assertion during trial that chronology was inadmissible work product 4DCA 606a
Argument--Improper argument on postoperative negligence--Appeals--Preservation of issue SCO 137a
Argument--Reference to "cocksure attorney" 4DCA 606a
Birth-Related Neurological Injury Compensation Plan--Breach of settlement agreement by NICA--Refusal to execute documents necessary for structured settlement--Obligation to execute documents--Factual issue 2DCA 493a
Birth-Related Neurological Injury Compensation Plan--Damages--Parental compensation--Statutory cap--Single award not exceeding $100,000 5DCA 1350b
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Action against both NICA participants and non-participants--Election of remedies 4DCA 780a
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Action against both NICA participants and non-participants--Injury caused by nonparticipant not occurring during "labor, delivery, or immediate postdelivery resuscitation"--Factual issue 4DCA 780a
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided by physician but not by hospital SCO 40a; 2DCA 40a
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided during prior pregnancy 2DCA 903b
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Practicality--Preregistration 2DCA 903b
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Requirement that both participating physicians and hospitals with participating physicians on staff provide notice SCO 40a
Birth-Related Neurological Injury Compensation Plan--Participating physician--Nurse midwife who did not have written prearranged plan of treatment 2DCA 40a; 2DCA 903b
Damages--Limitation--Birth-Related Neurological Injury Compensation Plan--Parental compensation--Statutory cap--Single award not exceeding $100,000 5DCA 1350b
Damages--Noneconomic--Limitation--Constitutionality of statute 2DCA 722a
Damages--Noneconomic--Limitation--Retroactive application of statute 3DCA 508a
Damages--Unmarried father of deceased infant--Failure to testify at trial 2DCA 722a
Discovery--Depositions--Nonparty treating physician--Pre-deposition communication between nonparty and nonparty's attorney--Restrictions--Nonparty represented by attorney employed by defendant's insurer, which also insured nonparty 4DCA 1115a
Discovery--Premature--Presuit screening period not complete 3DCA 406a
Evidence--Expert--Second orthopedic surgeon--Pretrial order limiting parties to one expert per specialty 4DCA 606a
Evidence--Hospital privileges of surgeon 4DCA 606a
Evidence--Undisclosed witness--Opposing party's prior knowledge of existence of witness 4DCA 606a
Insurance--Bad faith--Failure to settle--Jury instructions--Standard--Amendment SCO 149a
New trial--Attorney misconduct--Successor judge's ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
Presuit requirements--Applicability--Decedent falling from hospital bed while in critical care unit of hospital 3DCA 1340a
Presuit requirements--Applicability--Physician licensed in foreign state 1DCA 1385a
Presuit requirements--Notice of intent to initiate litigation--Corroborating medical expert--Certified medical assistant who did not meet statute's degree or licensing requirements 2DCA 582a
Settlement--Apportionment--Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Witnesses--Expert--Second orthopedic surgeon--Pretrial order limiting parties to one expert per specialty 4DCA 606a
Witnesses--Undisclosed witness--Opposing party's prior knowledge of existence of witness 4DCA 606a
MOBILE HOME PARKS
Attorney's fees--Prevailing party--Action to enforce provision of chapter 723--Action seeking declaration that amendment to subdivision deed of restrictions was invalid 5DCA 757a
Attorney's fees--Prevailing party--Developer obtaining declaration that it could use procedures in section 723.037 to reduce or eliminate cable television services 5DCA 757a
MORTGAGES
Foreclosure--Affirmative defenses--Failure to provide notice of acceleration pursuant to procedure specified by mortgage 4DCA 1292b
Foreclosure--Amounts owed--Factual issues--Failure to offer contrary calculation of monies owed 4DCA 557a
Foreclosure--Condominium unit--Requirement that mortgagee pay monthly assessments during delay in foreclosure proceedings 4DCA 835b
Foreclosure--Counterclaims--Reporting of derogatory credit information--Federal lender--Sovereign immunity 1DCA 94a
Foreclosure--Counterclaims--Sovereign immunity--Federal lender--Waiver of immunity--Failure to plead 1DCA 94a
Foreclosure--Cross-claim by second mortgagee--Mortgage and note not attached to cross-claim--Appeals--Issue first raised 4DCA 752a
Foreclosure--Cross-claim by second mortgagee--Mortgage and note not attached to cross-claim--Harmless error 4DCA 752a
Foreclosure--Default--Vacation 4DCA 835c
Foreclosure--Default--Vacation--Excusable neglect--Settlement negotiations 4DCA 785a
Foreclosure--Defenses--Accord and satisfaction--Discharge of federal mortgage debt by federal employee 1DCA 94a
Foreclosure--Defenses--Lack of consideration--Wife who was required to execute documents in order for husband to obtain federal loan to begin cattle ranching business 1DCA 94a
Foreclosure--Deficiency--Assignee--Post-foreclosure joinder of assignee for purposes of seeking deficiency decree--Jurisdiction 4DCA 7c
Foreclosure--Delay in proceedings--Payment of monthly condominium association assessments by mortgagee--Authority to order 4DCA 835b
Foreclosure--Discovery--Trade secrets--Bank's construction lending manual--Order providing measures to protect trade secrets 2DCA 1052b
Foreclosure--Federal lender--Counterclaims--Available remedies 1DCA 94a
Foreclosure--Federal lender--Counterclaims--Claim arising from same transaction--Tort claim alleging violation of state credit reporting law--In rem mortgage foreclosure proceeding 1DCA 94a
Foreclosure--Federal lender--Counterclaims--Sovereign immunity 1DCA 94a
Foreclosure--Final judgment--Form--Amendment to rules of civil procedure SCO 97b; SCO 317a
Foreclosure--Homeowners association assessments--Mortgagee's liability--Declaration of covenants and restrictions subordinating claim for unpaid assessments to mortgagee's claim upon foreclosure 2DCA 431a
Foreclosure--Homeowners association assessments--Mortgagee's liability--Retroactive application of statutory amendment 2DCA 431a
Foreclosure--Intervention--Assignee of second mortgage--Assignment mistakenly referencing public records book and page number of first mortgage 3DCA 358a
Foreclosure--Intervention--Post-judgment motion 3DCA 358a
Foreclosure--Jurisdiction--Non-resident owner 4DCA 835c
Foreclosure--Jurisdiction--Service of process--Defects--Waiver 4DCA 752a
Foreclosure--Limitation of actions--Appeals--Preservation of issue 4DCA 752a
Foreclosure--Mortgage given in exchange for business loan--Defenses--Homestead property--Factual issues 4DCA 192b
Foreclosure--Relief from judgment--Service of process--Publication--Diligent search 3DCA 348a
Foreclosure--Sale--Cancellation and vacation--Parties having reached loan modification agreement 5DCA 1256c
Foreclosure--Sale--Cancellation or rescheduling--Form--Amendment to rules of civil procedure SCO 97b; SCO 317a
Foreclosure--Sale--Vacation--Denial of motion--Appeals--Premature--Motion stamped "denied" with judge's signature affixed--Order not filed with clerk of court 5DCA 1136c
Foreclosure--Sale--Vacation--Modification of foreclosure judgment after sale 2DCA 700a
Foreclosure--Sale--Vacation--Mortgagor's misunderstanding of legal obligations 4DCA 1334a
Foreclosure--Service of process--Publication--Diligent search 3DCA 348a
Foreclosure--Standing 2DCA 369a
Foreclosure--Standing--National bank--Failure to register as foreign corporation--Federal preemption--National Bank Act 4DCA 557a
Foreclosure--Standing--Owner and holder of note--Endorsement in blank--Original note endorsed in blank with hand printed signature of endorser's agent 4DCA 1336a
Foreclosure--Standing--Owner and holder of note--Unauthenticated "endorsement in blank" 4DCA 879a
Foreclosure--Standing--Owner of mortgage--Prima facie evidence--Original note and mortgage and assignment executed by personal representative of original mortgagee's estate 4DCA 1292c
Foreclosure--Summary judgment--Appeals--Compulsory counterclaim pending 5DCA 1266a
Foreclosure--Summary judgment--Cotenant's affidavit opposing summary judgment stating that he acquired ownership interest prior to execution of mortgage, and that he was not a mortgagor 3DCA 1344a
Foreclosure--Summary judgment--Premature--Failure of plaintiff to establish standing to foreclose 2DCA 369a
Foreclosure--Summary judgment--Promissory note and assignment relied on to support motion not attached to complaint and not served at least twenty days before date of summary judgment hearing 2DCA 494a
Foreclosure--Summary judgment--Standing to foreclose--Factual issue 2DCA 494a
Foreclosure--Transfer to division where separate foreclosure action pending in which another bank is simultaneously seeking to foreclose same mortgage 3DCA 1303b
Foreclosure--Vacation of judgment--Copy of final default judgment served to mortgagors at wrong address 3DCA 405a
Foreclosure--Vacation of judgment--Fairness 3DCA 405a
Foreclosure--Verification of complaint in residential foreclosure action--Amendment to rules of civil procedure SCO 97b; SCO 317a
Foreclosure--Void judgment--Mortgage and note not introduced into evidence--Documents introduced into evidence but returned to attorney immediately after trial 4DCA 752a
Priorities--Equitable subrogation--Mortgage loan used to refinance first mortgage--Priority over earlier recorded second mortgage 1DCA 829a
Single premium credit insurance--Excessive charges--Limitation of actions--Tolling--Making of mortgage payments 1DCA 539b
MUNICIPAL CORPORATIONS
Code enforcement--Prohibited use--Helipad originally used by federal government during U.S. president's administration but subsequently conveyed to private third party 3DCA 33a
Elections--Absentee ballots--Timeliness--Ballots in supervisor of elections' mailbox the morning after deadline 4DCA 781a
Eminent domain--Inverse condemnation--Flooding--Standing water killing trees on property 5DCA 482a
Eminent domain--Inverse condemnation--Flooding--Substantial deprivation of all beneficial use of property 5DCA 482a
Employees--Discipline--Exclusive discretion of city manager to determine sanction after finding of misconduct by civil service board 3DCA 889b
Labor relations--Unfair labor practices--Change in status quo during collective bargaining--Refusal to provide newly unionized employees with annual wage adjustment--Twenty-year practice of administering annual, across-the-board wage adjustments to employees 2DCA 1228b
Mandamus--Performance of discretionary act 2DCA 698a
Public meetings--City commission meetings--Consent agenda 1DCA 205b
Public meetings--City commission meetings--Denial of public access to minutes of canvassing board's post-election meeting until after approval of minutes by city commission--Sanctions 1DCA 205b
Public records--Appraisals obtained during real property purchase negotiations--Production upon request of citizen--Mandamus 5DCA 756a
Public records--Minutes of canvassing board's post-election meeting--Failure to produce minutes after one or more proper requests--Mootness--Delayed production 1DCA 205b
Special districts--Special assessments--Imposition of special assessment on public property by municipal dependent special district 2DCA 1215e
Underground facilities--Rupture of city water main during excavation--City's obligations under Underground Facility Damage Prevention and Safety Act 3DCA 171f
Venue--Home venue privilege--Class action against multiple municipalities 2DCA 761a
Zoning--Reverse spot zoning--Denial of rezoning of property which is rendered an island or peninsula because of zoning classification of surrounding property 3DCA 672b
NEGOTIABLE INSTRUMENTS
Notes--Choice of law provision in mortgage executed simultaneously with note--Applicability in action on note 3DCA 1182a
Notes--Limitation of actions 3DCA 1182a
NURSING HOMES
Adult Protective Services Act--Violations--Arbitration--Enforceability of arbitration clause 2DCA 1262a
Arbitration--Enforceability of arbitration clause--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Arbitration--Enforceability of arbitration clause--Agreement signed by resident's wife and attorney-in-fact--Unconscionability--Evidentiary hearing 2DCA 1262a
Arbitration--Enforceability of arbitration clause--Capacity of resident to enter contracts--Evidentiary hearing 2DCA 1148a
Arbitration--Enforceability of arbitration clause--Limitation of remedies provided under Nursing Home Residents Act 2DCA 1262a
Arbitration--Enforceability of arbitration clause--Unconscionability--Evidentiary hearing 2DCA 1262a
Deprivation of resident's rights--Arbitration--Enforceability of arbitration clause 2DCA 1262a
Torts--Arbitration--Enforceability of arbitration clause 2DCA 1262a
Torts--Arbitration--Enforceability of arbitration clause--Capacity of resident to enter contracts--Evidentiary hearing 2DCA 1148a
Wrongful death--Arbitration--Enforceability of arbitration clause--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Wrongful death--Discovery--Information regarding former nursing home resident whom plaintiff sought to locate as witness--Confidentiality of nursing home resident's records 1DCA 814a
Wrongful death--Negligence--Evidence--Expert opinion that defendant was not negligent 2DCA 425a
PARI-MUTUEL WAGERING
Permits--Quarter horse racing--Challenge--Standing--Kennel club 5DCA 918a
Permits--Quarter horse racing--Hearing--Standing--Operators of other types of pari-mutuel facilities 1DCA 170a
Quarter horse racing--Permits--Challenge--Standing--Kennel club 5DCA 918a
Quarter horse racing--Permits--Hearing--Standing--Operators of other types of pari-mutuel facilities 1DCA 170a
PARTNERSHIPS
Breach of agreement--Jurisdiction--Non-residents 5DCA 911b
Limited liability partnership--Attorney's fees--Unpaid wages--Payments due to former partner whose interest was terminated in violation of continued employment agreement 3DCA 132a
PATERNITY
Child custody----Modification--Magistrates--Report and recommendation--Errors apparent on face of report and recommendation 2DCA 922a
Child custody--Establishment of paternity--Unchallenged voluntary acknowledgment of paternity signed by father--Petition for temporary custody--Grandparents 4DCA 741b
Child custody--Jurisdiction--Uniform Child Custody Jurisdiction and Enforcement Act--Florida not child's home state--No other state having jurisdiction 5DCA 914a
Child custody--Modification--Change of primary residential custody from mother to father--Change in circumstances--Failure to prove 2DCA 922a
Child custody--Order--Preparation by counsel 2DCA 1359a
Child custody--Parenting coordination--Rules of procedure--Adoption of new rule SCO 76a
Child custody--Parenting coordination--Rules of procedure--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Child custody--Temporary--Grandparents--Establishment of paternity--Unchallenged voluntary acknowledgment of paternity signed by father 4DCA 741b
Child custody--Visitation--Make-up time 2DCA 1359a
Child custody--Visitation--Transportation expenses--Sharing by parents 5DCA 914a
Child support--Arrearages--Interest--Prejudgment--Installment payments totaling exact amount of arrearages without accounting for interest 2DCA 1321a
Child support--Findings--Net incomes of parties and shares of child support expenses 5DCA 914a
Child support--Guidelines--Deviation--Findings 2DCA 1321a
Child support--Guidelines--Deviation--Make-up visitation period during which child spent substantial time with noncustodial parent 2DCA 1359a
Child support--Guidelines--Deviation--Reasonable and necessary existing expense or debt--Current child support arrearages 2DCA 1321a
Child support--Income 2DCA 1359a
Child support--Income--Adjustments--In-kind payments by obligor's S corporation 2DCA 632b
Child support--Modification--Retroactive--Child care expenses 2DCA 632b
Child support--Modification--Retroactive--Health, dental, and vision insurance premiums 2DCA 632b
Child support--Order--Preparation by counsel 2DCA 1359a
Counsel--Disqualification--Material protected by attorney-client privilege--Receipt, review and use of father's USB flash drive which contained privileged material and which was illegally obtained by mother without knowledge or consent of father 5DCA 260a
Parenting coordination--Rules of procedure--Adoption of new rule SCO 76a
Parenting coordination--Rules of procedure--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Rules of procedure--Amendment--Forms--Parenting coordination--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Rules of procedure--Amendment--Parenting coordination--Adoption of new rule SCO 76a
Rules of procedure--Amendment--Parenting coordination--Forms--Referral to coordinator and response by coordinator--Adoption of new forms SCO 76a
Sperm donor--Commissioning couple--Factual issue 3DCA 674a
Standing--Biological father of child conceived while mother was married to another man 2DCA 282a
PRESS
Communication between litigants, attorneys, and media--Injunction 4DCA 1110b
PROHIBITION
Criminal case--Retrial after mistrial--Manifest necessity for mistrial--Absence of finding 2DCA 809g
Criminal case--Speedy trial--Discharge--Failure to file notice of expiration of speedy trial period 3DCA 951a
Judges--Disqualification--Financial interest 1DCA 313a
Judges--Disqualification--Objectively reasonable basis to fear bias--Cumulative incidents occurring over long period of time 4DCA 820a
Judges--Disqualification--Timeliness of motion 4DCA 820a
Jurisdiction--Florida Deceptive and Unfair Trade Practices Act--Activity regulated under laws administered by Public Service Commission--Claims arising out of electric utility's PSC-approved incentive program 3DCA 33b
PUBLIC EMPLOYEES
Dismissal--Law enforcement officers--Misconduct--Notice of possibility of discharge within 180 days after employer received notice of misconduct--Tolling of period--Criminal investigation of misconduct pending 3DCA 506b
Law enforcement officers--Dismissal for misconduct--Notice of possibility of discharge within 180 days after employer received notice of misconduct--Tolling of period--Criminal investigation of misconduct pending 3DCA 506b
Retaliatory discharge--Filing of workers' compensation claim--Presuit notice requirements--Applicability SCO 368a
Retirement--Change in status from early service retirement to in-line-of-duty disability retirement--Denial--Retirement benefits already paid out 5DCA 421a
Retirement--Change in status from early service retirement to in-line-of-duty disability retirement--Denial--Retirement benefits already paid out--Estoppel--Statements by agency's representative that employee could apply for regular service retirement while securing further documentation to support disability claim 5DCA 421a
Retirement--Florida Retirement System Investment Plan--Losses occurring during three-month waiting period between retirement date and eligibility for distribution--Reimbursement of retiree--Retiree's knowledge of ability to manage account during waiting period 1DCA 591b
Retirement--In-line-of-duty disability benefits--Causation of disability 1DCA 1013b
Retirement--In-line-of-duty disability benefits--Total and permanent disability--Non-vested employee 5DCA 74a
Unfair labor practices--Change in status quo during collective bargaining--Refusal to provide newly unionized employees with annual wage adjustment--Twenty-year practice of administering annual, across-the-board wage adjustments to employees 2DCA 1228b
Unfair labor practices--Employee's action against union--Breach of duty of fair representation--Grievance--Necessity to file grievance 3DCA 961a
Unfair labor practices--Employee's action against union--Placement at bottom of seniority list in violation of collective bargaining agreement 3DCA 961a
PUBLIC MEETINGS
Municipal corporations--City commission meetings--Consent agenda 1DCA 205b
Municipal corporations--City commission meetings--Denial of public access to minutes of canvassing board's post-election meeting until after approval of minutes by city commission--Sanctions 1DCA 205b
Right of citizens to speak at public meeting 1DCA 538b
PUBLIC OFFICIALS
Breach of public trust--Commission of felony--"Specified offense"--Offense involving misuse of power of office to gain personal benefit 1DCA 859a
Retirement--Forfeiture of benefits--Breach of public trust--Commission of felony--"Specified offense"--Offense involving misuse of power of office to gain personal benefit 1DCA 859a
PUBLIC RECORDS
Exemptions--Law enforcement surveillance videotapes depicting faces of undercover officers--Disclosure to criminal defendant during discovery 5DCA 524b
Exemptions--Material provided to criminal defendant during discovery--Law enforcement surveillance videotapes depicting faces of undercover officers 5DCA 524b
Exemptions--Proprietary confidential business information--Employee compensation information disclosed by public utility during ratemaking proceedings 1DCA 516a
Exemptions--Work papers and trade secrets submitted to Office of Insurance Regulation in course of regulatory investigation--Statutory amendment placing time limitation on exempt and confidential status--Retroactive application 1DCA 383a
Municipal corporations--Appraisals obtained during real property purchase negotiations--Production upon request of citizen--Mandamus 5DCA 756a
Municipal corporations--Minutes of canvassing board's post-election meeting--Failure to produce minutes after one or more proper requests--Mootness--Delayed production 1DCA 205b
State attorney's office--Defendant whose conviction and sentence are final 2DCA 1110a
State attorney's office--Motion by criminal defendant whose conviction and sentence are final 3DCA 772c
PUBLIC UTILITIES
Electric--Ratemaking--Discovery--Proprietary confidential business information--Employee compensation 1DCA 516a
REAL ESTATE BROKERS AND SALESPERSONS
Commission--Essential terms of sales agreement not agreed upon 4DCA 199a
Contracts--Agreement for broker to retain additional 25 percent of commissions earned by agents after termination to cover costs of bringing transactions to closure--Ambiguities 2DCA 584a
REAL PROPERTY
Boundaries--Acquiescence or agreement 4DCA 57c
Contracts--Arbitration--Enforceability of arbitration clause--Failure to designate rules which would govern arbitration 4DCA 3b
Contracts--Arbitration--Enforceability of arbitration clause--Provision contained in home warranty that was expressly incorporated into contract executed by parties 2DCA 372a
Contracts--Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Absence of disparity between parties' education, age, or competency 4DCA 3b
Contracts--Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Commercial transaction between sophisticated parties 4DCA 3b
Contracts--Contingency--Appraisal valuing property at no less than specified sum--Conflicting appraisals 2DCA 984a
Contracts--Due diligence--Extension of period--Oral extension--Contract requiring that modifications be in writing--Purchaser's reliance on extension to pursue joint venture which parties to contract were pursuing 4DCA 774a
Contracts--Due diligence--Extension of period--Oral extension--Parol evidence 4DCA 774a
Contracts--Due diligence--Extension of period--Oral extension--Statute of frauds 4DCA 774a
Contracts--Due diligence--Extension of period--Oral extension--Statute of frauds--Estoppel 4DCA 774a
Contracts--Interstate Land Sales Full Disclosure Act--Exemptions--Obligation to complete construction within two years--Conditional obligation 2DCA 284a; 4DCA 337c; 2DCA 1141c
Contracts--Interstate Land Sales Full Disclosure Act--Exemptions--Obligation to complete construction within two years--Illusory obligation 4DCA 337c
Contracts--Option to purchase--Option agreement executed contemporaneously with commercial lease--Enforceability 3DCA 1000a
Contracts--Rescission--Interstate Land Sales Full Disclosure Act--Exemptions--Factual issue 2DCA 1358a
Contracts--Rescission--Interstate Land Sales Full Disclosure Act--Failure to provide written property report--Exemptions--Factual issue 2DCA 1358a
Contracts--Rescission--Interstate Land Sales Full Disclosure Act violation--Exemptions--Obligation to complete construction within two years--Conditional obligation 2DCA 284a; 2DCA 1141c
Contracts--Rescission--Interstate Land Sales Full Disclosure Act violation--Failure to provide purchaser with property report 4DCA 337c
Contracts--Rescission--Purchaser of residential parcel subject to requirement of membership in homeowners association--Failure to provide statutorily-required disclosures--Cure--Exemption from payment of assessments relating to homeowners association 4DCA 1293a
Contracts--Rescission--Purchaser of residential parcel subject to requirement of membership in homeowners association--Failure to provide statutorily-required disclosures--Waiver--Actual knowledge of information contained in disclosures 4DCA 1293a
Contracts--Return of deposit--Arbitration--Enforceability of arbitration clause--Failure to designate rules which would govern arbitration 4DCA 3b
Contracts--Return of deposit--Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Absence of disparity between parties' education, age, or competency 4DCA 3b
Contracts--Return of deposit--Arbitration--Enforceability of arbitration clause--Unconscionability--Procedural--Commercial transaction between sophisticated parties 4DCA 3b
Contracts--Return of deposit--Limitation of actions--Determination by arbitrator 4DCA 3b
Contracts--Return of deposit--Summary judgment--Granting of motion for release of escrow funds--Absence of sworn evidence to support motion 3DCA 547b
Contracts--Specific performance--Agreement containing liquidated damages provision for failure to perform 1DCA 1364b
Contracts--Specific performance--Contract with had been superceded by subsequent contract--Sua sponte amendment of pleadings to substitute later contract for contract specified in pleadings 2DCA 320a
Contracts--Specific performance--Ready, willing, and able purchaser--Purchaser having binding commitment to obtain necessary funding from Colombian bank 3DCA 845a
Contracts--Termination by purchaser during due diligence period--Orally extended due diligence period 4DCA 774a
Contracts--Third party beneficiaries--Third party not relying on purchase agreement when it refrained from contesting rezoning of seller's property 1DCA 1364b
Deeds--Reestablishment of lost warranty deed 4DCA 1292a
Deeds--Rescission--Fraud--Deed conveying fee simple title--Grantor led to believe that she retained life estate 5DCA 1266b
Deeds--Rescission--Unrecorded deed 5DCA 1266b
Easements--Prescription--Continuous use by claimant or predecessor in title for period of twenty years--Reliance on use by other property owners 5DCA 300a
Easements--Prescription--Continuous use by claimant or predecessor in title for period of twenty years--Sufficiency of allegations 5DCA 300a
Easements--Way of necessity 3DCA 748a
Ejectment--Boundary by acquiescence or agreement--Factual issues 4DCA 57c
Ejectment--Res judicata--Prior quiet title action premised on same material allegations 1DCA 729a
Ejectment--Summary judgment--Answer not filed--Failure to establish that no answer could present issue of fact 2DCA 1215d
Homeowners association--Assessments--Mortgagee's liability for unpaid assessments upon foreclosure of mortgage 2DCA 431a
Homestead--Exemption--Property greater than one-half acre 2DCA 307a
Homestead--Liens--Charging lien for attorney's fees--Insurance proceeds for damage to homestead property 3DCA 767a
Land Use and Environmental Dispute Resolution Act--Standing--Parties who do not qualify as owners 2DCA 698a
Leases--Attorney's fees--Prevailing party--Action to enforce provisions of rental agreement 5DCA 1198a
Leases--Commercial--Damages--Anticipated profits--Prejudgment interest--Fixed date of loss 4DCA 671a
Leases--Commercial--Enforceability--Absence of two subscribing witnesses 4DCA 782a; 4DCA 1308a
Leases--Commercial--Term exceeding one year--Enforceability--Absence of two subscribing witnesses--New/renewal lease 4DCA 782a; 4DCA 1308a
Leases--Purchase option--Specific performance--Eligibility--Default by lessee--Default status at time lessee notified lessor of intent to exercise option--Factual issue 3DCA 1131b
Liens--Judgment--Levy and execution sale--Due process--Notice to third-party purchaser 4DCA 550a
Lis pendens--Bond 3DCA 889a
Lis pendens--Wrongful filing--Damages--Consequential--Loss of sale--Bona fide contract with ready, willing, and able purchaser--Absence of evidence 4DCA 1179a
Lis pendens--Wrongful filing--Damages--Property increasing in market value during lis pendens period 4DCA 1179a
Lis pendens--Wrongful filing--Standing--Owner--Quitclaim of property subsequent to motion to recover damages against lis pendens bond 4DCA 1179a
Quiet title--Boundary by acquiescence or agreement--Factual issues 4DCA 57c
Quiet title--Reestablishment of lost warranty deed 4DCA 1292a
Quiet title--Summary judgment--Answer not filed--Failure to establish that no answer could present issue of fact 2DCA 1215d
Restrictive covenants--Enforcement--Attorney's fees 1DCA 861b
Restrictive covenants--Violation 4DCA 7a
Title insurance--Company's vicarious liability for agent's breach of fiduciary duty 1DCA 824d
Trespass of title--Res judicata--Prior quiet title action premised on same material allegations 1DCA 729a
RES JUDICATA
Collateral estoppel--Inconsistent position in prior lawsuit--Prior lawsuit not successfully maintained 1DCA 800a
Contracts--Construction--Damages--Setoff--Claim of setoff mirroring claim for damages which had been voluntarily dismissed with prejudice 4DCA 1065a
Contracts--Splitting of causes of action--Successive suits for breach of indivisible contract 1DCA 864c
Federal court's dismissal of action as barred by statute of limitations--Federal court order explicitly allowing plaintiff to proceed with state court action 3DCA 467a
Judicial estoppel--Insurance--Action by insured to recover for damages caused by hurricane--Failure to disclose claim in insured's bankruptcy proceeding 5DCA 1257a
Real property--Ejectment--Prior quiet title action premised on same material allegations 1DCA 729a
Real property--Trespass of title--Prior quiet title action premised on same material allegations 1DCA 729a
RULES OF APPELLATE PROCEDURE
Amendment--Contents of motion--Response SCO 367a
Amendment--Costs and attorney's fees SCO 367a
Amendment--Determination of confidentiality of appellate court records SCO 180a
Amendment--Review of orders excluding or granting access to press or public SCO 180a
Amendment--Sanctions SCO 367a
RULES FOR CERTIFIED AND COURT-APPOINTED MEDIATORS
Amendment--Marketing practices SCO 191a
RULES OF CIVIL PROCEDURE
Amendments--Forms--Affidavit of diligent search and inquiry SCO 97b; SCO 317a
Amendments--Forms--Mortgage foreclosure--Final judgment of foreclosure SCO 97b; SCO 317a
Amendments--Forms--Mortgage foreclosure--Motion to cancel and reschedule foreclosure sale SCO 97b; SCO 317a
Amendments--General pleadings--Mortgage foreclosure complaints involving residential property--Verification SCO 97b; SCO 317a
RULES OF JUDICIAL ADMINISTRATION
Amendment--Public access to judicial branch records--Determination of confidentiality of court records SCO 180a
Amendment--Public access to judicial branch records--Sealing and unsealing of records SCO 180a
Amendment--Requests for accommodations by persons with disabilities S 267a
RULES OF JUVENILE PROCEDURE
Amendment--Family Law Cover Sheet--New rule requiring use of cover sheet in juvenile cases SCO 370a
SCHOOLS
Students--Expulsion--Consumption of alcohol at home before coming to school 5DCA 918b
Torts--Injuries suffered by student in automobile accident occurring while student was driving automobile after consuming alcohol at end-of-year party at private residence--School's liability--Evidence--Student's treatment for alcohol abuse 3DCA 344a
Torts--Injuries suffered by student in automobile accident occurring while student was driving automobile after consuming alcohol at end-of-year party at private residence--School's liability--Party not a school sponsored or school related event 3DCA 344a
SECURED TRANSACTIONS
Priority--Security interest in all inventory of art gallery--Painting placed by consignor in art gallery--Consignor's interest not perfected 4DCA 994a
Priority--Security interest in all inventory of art gallery--Painting placed by consignor in art gallery--Knowledge by creditors that gallery was substantially engaged in consignment sales 4DCA 994a
SPECIAL DISTRICTS
Municipal dependent special district--Special assessments--Imposition of special assessment on public property by municipal dependent special district 2DCA 1215e
Special assessments--Imposition of special assessment on public property by municipal dependent special district 2DCA 1215e
STANDARD JURY INSTRUCTIONS
Civil--Amendments--Reorganization and modification SCO 149a
Criminal--Amendment--Bifurcated trial SCO 1a
Criminal--Amendment--Failure to register as sexual offender SCO 1a
Criminal--Amendment--Justifiable use of deadly force SCO 1a
Criminal--Amendment--Justifiable use of force by law enforcement officer SCO 1a
Criminal--Amendment--Justifiable use of non-deadly force SCO 1a
Criminal--Amendment--Manslaughter SCO 209a
TAXATION
Ad valorem--Assessment--Challenge--Special magistrates--Value Adjustment Board's authority to conduct evidentiary hearing concerning property owners' objection to special magistrate's recommendations 1DCA 82a
Assessment--Ad valorem--Challenge--Special magistrates--Value Adjustment Board's authority to conduct evidentiary hearing concerning property owners' objection to special magistrate's recommendations 1DCA 82a
Corporate income--Dividends paid to taxpayer by foreign subsidiaries 3DCA 137b
Exemptions--Sales and use tax--Absence of Standard Industry Code classification that would qualify taxpayer for exemption--Dismissal of claim for refund 1DCA 966a
Sales and use tax--Exemptions--Absence of Standard Industry Code classification that would qualify taxpayer for exemption--Dismissal of claim for refund 1DCA 966a
Special assessments--Imposition of special assessment on public property by municipal dependent special district 2DCA 1215e
State income tax--Foreign state judgment for individual income tax liability--Enforcement of judgment 5DCA 1263a
TORTS
Airplanes--Private airplane--Owner's negligent maintenance and inspection 2DCA 115a
Airplanes--Private airplane--Owner's vicarious liability under dangerous instrumentality doctrine--Federal preemption--Federal Aviation Act 2DCA 115a
Alcohol or drug defense--Assertion against parents who brought suit as guardians of child who had been intoxicated 3DCA 344a
Appeals--Argument--Preservation of issue SCO 137a
Appeals--Workers' compensation immunity--Longshore and Harbor Workers' Compensation Act--Denial of summary judgment on workers' compensation immunity defense 2DCA 1357a
Arbitration--Arbitrable issues--Injuries suffered from mold exposure caused by negligent design and construction of home--Arbitration provision in construction contract mandating arbitration of claims of defects in home and claims for personal injuries 4DCA 245a
Arbitration--Construction contract--Injuries suffered from mold exposure caused by negligent design and construction of home--Arbitration provision in construction contract mandating arbitration of claims of defects in home and claims for personal injuries 4DCA 245a
Arbitration--Enforceability of arbitration clause--Nursing homes--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Arbitration--Nursing homes--Enforceability of arbitration clause--Agreement signed by resident's wife and attorney-in-fact--Unconscionability--Evidentiary hearing 2DCA 1262a
Arbitration--Nursing homes--Enforceability of arbitration clause--Capacity of resident to enter contracts--Evidentiary hearing 2DCA 1148a
Arbitration--Nursing homes--Enforceability of arbitration clause--Limitation of remedies provided under Nursing Home Residents Act 2DCA 1262a
Arbitration--Nursing homes--Enforceability of arbitration clause--Unconscionability--Evidentiary hearing 2DCA 1262a
Argument--Absence of prior suits against defendant 3DCA 733a
Argument--Appeals--Preservation of issue SCO 137a
Argument--Failure to call witness 3DCA 733a
Argument--Income of defendant--Disclosure in opening statement of how little defendant earned--Mistrial 5DCA 575a
Argument--Opening statement--Disclosure of how little defendant earned in income--Mistrial 5DCA 575a
Attorney's fees--Insured prevailing against insurance agent on claim of negligent procurement of policy--Applicable statute 1DCA 1269a
Attorney's fees--Proposal for settlement--Judgment 25 percent greater than amount of proposal--Determination of total judgment--Costs incurred after proposal tendered 1DCA 592e
Attorney's fees--Proposal for settlement--Voluntary dismissal without prejudice by offeree/plaintiff 3DCA 1074a
Attorneys--Immunity--Litigation immunity--Filing of notice of lis pendens 3DCA 603a
Attorneys--Interference with business relationship or contract--Filing of notice of lis pendens--Litigation privilege 3DCA 603a
Attorneys--Malpractice--Negligent failure to exclude from asset purchase agreement a recently purchased jet aircraft--Plaintiff having remedy of reformation of asset purchase agreement 3DCA 644a
Automobile accident--Argument--Income of defendant--Disclosure in opening statement of how little defendant earned--Mistrial 5DCA 575a
Automobile accident--Automobile dealership's liability--Vehicle stolen from dealership's property involved in accident--Foreseeability 4DCA 59a
Automobile accident--Decedent struck by defendant's truck after making U-turn and sideswiping another vehicle 3DCA 844a
Automobile accident--Discovery--Defendant's substance abuse treatment information and records--Psychotherapist-patient privilege 3DCA 520b
Automobile accident--Discovery--Non-parties--Hospital which provided care to plaintiff following accident--Trade secrets--Charges for particular procedure applicable to different classes of patients, including litigation versus non-litigation patients 4DCA 551a; 4DCA 1067a
Automobile accident--Intervening cause--Negligent medical treatment--Liability for damages resulting from subsequent negligent or improper treatment--Jury instructions--Refusal to give requested instruction--New trial 4DCA 943a
Automobile accident--Jury instructions--Intersections marked by stop sign--Stipulation that decedent did not stop before making U-turn 3DCA 844a
Automobile accident--Negligent inspection and maintenance of truck involved in accident--Defective condition of truck not contributing to accident 3DCA 844a
Automobile accident--Rear end collision--Bus passenger injured when bus was rear-ended by another vehicle--Verdict finding no negligence on part of any defendant--New trial 1DCA 677a
Automobile accident--Rear end collision--Presumption of negligence--Applicability--Action by passenger of rear vehicle against driver of lead vehicle 5DCA 805b
Automobile accident--Rear end collision--Presumption of negligence--Rebuttal--Sudden lane change and reduction of speed by lead driver--Factual issue 1DCA 313d
Automobile accident--Rear-end collision--Failure of insurer of motorist in rear vehicle to timely disclose that it had agreed to provide coverage for any excess judgment--Harmless error 4DCA 654b
Automobile accident--Settlement agreement--Accord and satisfaction--Insurer tendering check for amount stated in plaintiff's settlement offer but including release form releasing itself as well as driver and owner of vehicle--Offer explicitly limited to release of driver and co-owners of vehicle 1DCA 88a
Automobile accident--Sudden and unexpected loss of consciousness--Factual issue 5DCA 1018a
Automobile dealerships--Vehicle stolen from dealership's property involved in accident--Foreseeability 4DCA 59a
Boating accident--Collision of boat with submerged unmarked dredge pipeline--Evidence--Prior accident involving another boat and same pipeline 1DCA 208a
Boating accident--Collision of boat with submerged unmarked dredge pipeline--Jury instructions--Pennsylvania Rule--Violation of statute or regulation involving marine safety or navigation--Reciprocal instruction 1DCA 208a
Civil theft--Directed verdict--Failure to prove causation 2DCA 267a
Civil theft--Failure to return unearned portion of retainer 2DCA 308a
Civil theft--Law firm client files and documents--Damages--Causation--Sufficiency of evidence 2DCA 267a
Civil theft--Treble damages--Joint and several liability 3DCA 412b
Civil theft--Treble damages--Notice--Failure to comply with notice requirement--Prejudice 2DCA 308a
Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Concurrent cause--Jury instructions 3DCA 844a
Construction--Defective drywall--Mandatory abatement of proceedings pursuant to Chapter 558--Futility 3DCA 31a
Corporations--Jurisdiction--Service of process--Neither summons nor return of service stating that corporation was served or that individual was being served as registered agent or corporate officer of corporation 3DCA 460a
Counties--Paramedics--Fracture suffered while being transported in ambulance by county's paramedics--Breach of duty of care 2DCA 812a
Counties--Paramedics--Fracture suffered while being transported in ambulance by county's paramedics--Res ipsa loquitur 2DCA 812a
Cruise ship--Dismissal--Res judicata--Federal court's dismissal of action as barred by statute of limitations--Federal court order explicitly allowing plaintiff to proceed with state court action 3DCA 467a
Cruise ship--Jurisdiction--Forum selection clause in cruise ship ticket contract--Requirement that actions be brought in admiralty in U.S. District Court for Southern District of Florida 3DCA 1236a
Cruise ship--Jurisdiction--Forum selection clause in cruise ship ticket contract--Requirement that actions be filed exclusively in U.S. District Court for Southern District of Florida 3DCA 48c; 3DCA 467a
Damages--Apportionment--Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Damages--Apportionment--Fabre defendant 3DCA 1300a
Damages--Civil theft--Treble damages--Joint and several liability 3DCA 412b
Damages--Civil theft--Treble damages--Notice--Failure to comply with notice requirement--Prejudice 2DCA 308a
Damages--Economic loss--Exceptions--Commercial fishermen whose profits were affected by release of pollutants SCO 341a
Damages--Future loss of earning capacity--Sufficiency of evidence 1DCA 208a
Damages--Future medical expenses--Sufficiency of evidence 1DCA 208a
Damages--Interest--Prejudgment--Trespass--Absence of out-of-pocket expenditures by property owner 1DCA 91a
Damages--Interest--Prejudgment--Trespass--Loss of vested property right with date of loss ascertainable from evidence as to when property damage occurred 1DCA 91a
Damages--Joint and several liability--Intentional tort--Breach of fiduciary duty--Jury instructions--Erroneous instruction--Remedy 4DCA 837a
Damages--Limitation of liability--Professional negligence--Provision in agreement between plaintiff and professional's corporation 3DCA 1300a
Damages--Loss of consortium--Parental consortium--Product liability--Asbestos--Last known exposure to asbestos occurring prior to effective date of statute allowing such loss of consortium damages 3DCA 24b
Damages--Lost profits--Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Causal relationship between lost profits and wrongdoing--Sufficiency of evidence 4DCA 1111d
Damages--Lost profits--Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Deductions--Overhead expenses 4DCA 1111d
Damages--Medical malpractice--Limitation--Birth-Related Neurological Injury Compensation Plan--Parental compensation--Statutory cap--Single award not exceeding $100,000 5DCA 1350b
Damages--Nominal--Slander per se 4DCA 655c
Damages--Noneconomic--Relation to proven damages 1DCA 208a
Damages--Punitive--Absence of compensatory damages 4DCA 1111d
Damages--Punitive--Excessiveness--Nominal compensatory damages--Intentional, malicious harm--Slander per se 4DCA 655c
Damages--Punitive--Excessiveness--Three-part analysis 4DCA 1111d
Damages--Punitive--Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Absence of compensatory damages 4DCA 1111d
Damages--Punitive--Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Excessive award--Three-part analysis 4DCA 1111d
Damages--Punitive--Jury instructions--Standard--Amendment SCO 149a
Damages--Punitive--Proportionality when compared to compensatory damages award--Statutory abrogation--Intentional, malicious harm 4DCA 655c
Damages--Setoff--Settlement with codefendants 3DCA 24b
Damages--Treble damages--Civil theft--Joint and several liability 3DCA 412b
Damages--Treble damages--Civil theft--Notice--Failure to comply with notice requirement--Prejudice 2DCA 308a
Damages--Unliquidated--Jury trial 3DCA 412a
Dangerous instrumentalities--Private airplane--Owner's liability--Federal preemption--Federal Aviation Act 2DCA 115a
Death of party--Substitution of estate prior to proceeding 4DCA 1296b
Defamation--Immunity--Absolute--Litigation privilege--Pretrial statements by defendant in role as attorney during preparation for defense of client during pending and active litigation 4DCA 1331a
Defamation--Immunity--Absolute--Sheriff--Submission of written form to Florida Department of Law Enforcement inaccurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Defamation--Jurisdiction--Non-residents--Defamatory e-mails sent to Florida residents 5DCA 78a
Defamation--Jurisdiction--Non-residents--Tortious act in state--Posting of defamatory information about a Florida business on website--Website posts accessible and accessed in Florida SCO 349a
Defamation--Limitation of actions--Expiration of statute of limitations before expiration of five-day period for giving notice 2DCA 114b
Defamation--Notice--Timeliness--Computation of five-day notice period 2DCA 114b
Defamation--Sheriff--Submission of written form to Florida Department of Law Enforcement inaccurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Absolute immunity--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Defamation--Slander per se--Damages--Nominal 4DCA 655c
Defamation--Slander per se--Damages--Punitive--Proportionality when compared to compensatory damages award--Statutory abrogation--Intentional, malicious harm 4DCA 655c
Defamation--Slander per se--Hospitals--Denigrating references to surgeon's ability to perform surgery during course of dispute over cardiovascular surgery privileges 4DCA 655c
Defamation--Slander per se--Jury instructions--Nominal damages 4DCA 655c
Dental malpractice--Discovery--Depositions--Nonparty treating oral surgeon--Pre-deposition communication between nonparty and nonparty's attorney--Restrictions--Nonparty represented by attorney employed by defendant's insurer, which also insured nonparty 4DCA 1115a
Department of Children and Family Services--Causing injury or death to employee--State employee suffering fatal heart attack after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital--Sovereign immunity--Waiver 1DCA 1011a
Department of Children and Family Services--Causing injury or death to employee--State employee suffering fatal heart attack after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital--Workers' compensation--Exclusive remedy--Intentional torts 1DCA 1011a
Department of Children and Family Services--Sovereign immunity--Waiver--Wanton and willful disregard for employee's safety--State employee suffering fatal heart attack at work after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital 1DCA 1011a
Directed verdict--Civil theft--Failure to prove causation 2DCA 267a
Discovery--Attorney-client privilege--Attorney's case file--Unrelated case in which attorney represented same client 4DCA 747a
Discovery--Attorney-client privilege--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Compulsory medical examination--Presence of videographer hired by and acting on behalf of defendant's counsel 5DCA 909d
Discovery--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Depositions--Medical malpractice--Nonparty treating physician--Pre-deposition communication between nonparty and nonparty's attorney--Restrictions--Nonparty represented by attorney employed by defendant's insurer, which also insured nonparty 4DCA 1115a
Discovery--Non-parties--Hospital which provided care to plaintiff following automobile accident--Trade secrets--Charges for particular procedure applicable to different classes of patients, including litigation versus non-litigation patients 4DCA 551a; 4DCA 1067a
Discovery--Privacy rights--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Psychotherapist-patient privilege--Exceptions--Patient relying on mental or emotional condition as element of claim or defense 3DCA 520b
Discovery--Psychotherapist-patient privilege--Substance abuse treatment information and records 3DCA 520b
Discovery--Trade secrets--Hospitals--Charges for particular procedure applicable to different classes of patients, including litigation versus non-litigation patients 4DCA 551a; 4DCA 1067a
Discovery--Trade secrets--Stay of discovery pending negotiation of confidentiality agreement 4DCA 551a; 4DCA 1067a
Discovery--Work product--Attorney's case file--Unrelated case in which attorney represented same client 4DCA 747a
Discovery--Work product--Computer hard drives and cell phone SIM cards 5DCA 1018b
Dismissal--Fraud on court--Clear and convincing evidentiary basis 3DCA 847a
Dismissal--Fraud on court--False responses to interrogatories and deposition testimony 3DCA 1076a
Dismissal--Fraud on court--Misrepresentation regarding lost wages--Conflicting evidence 4DCA 1060a
Dismissal--Res judicata--Federal court's dismissal of action as barred by statute of limitations--Federal court order explicitly allowing plaintiff to proceed with state court action 3DCA 467a
Dog bite--Releases--Exculpatory clause in form signed by dog owner whose dog was entered in dog show sponsored by kennel club--Ambiguous clause 5DCA 76a
Duty of care--Foreseeable zone of risk--Pollution of public waters--Commercial fishermen SCO 341a
Duty of care--Psychologist--Treating therapist for children who were killed and injured by their mother--Duty to warn children's father and authorities that mother posed danger to children 2DCA 1223a
Economic loss--Exceptions--Commercial fishermen whose profits were affected by release of pollutants SCO 341a
Emotional distress--Intentional infliction--Abandonment of claim--Failure to reallege claim in subsequent amended complaint after dismissal of claim with prejudice 2DCA 1038a
Emotional distress--Intentional infliction--Misrepresentation of cause of decedent's death resulting in interruption of decedent's funeral and return of body for second autopsy 2DCA 1038a
Evidence--Absence of prior similar accidents--Substantially similar conditions 1DCA 416a
Evidence--Demonstrative--Substantial similarity doctrine--Applicability--Evidence not intended to recreate accident 4DCA 1327a
Evidence--Fall by plaintiff at different location--Evidence probative of pre-accident and post-accident condition and lifestyle 3DCA 733a
Evidence--Opinion--Expert opinion that defendant was not negligent 2DCA 425a
Evidence--Prejudicial evidence--Letter from employee of defendant's predecessor--Redaction of prejudicial portion 3DCA 24b
Evidence--Prior accidents 1DCA 208a
Evidence--Product liability--Dietary supplements--Supplements containing ephedrine--FDA rule banning dietary supplements containing ephedrine--Rule adopted six years after plaintiff suffered stroke 1DCA 440a
Evidence--Settlement with different defendant 3DCA 733a
False arrest--Probable cause for arrest--Driving under influence 2DCA 142b
False arrest--Probable cause for arrest--Unlawful detention after probable cause ceased to exist 2DCA 142b
False imprisonment--Probable cause--Jury instructions--Standard--Amendment SCO 149a
False imprisonment--Unlawful continued detention after arrest 2DCA 142b
Federal preemption--Private airplane--Owner's vicarious liability under dangerous instrumentality doctrine--Federal Aviation Act 2DCA 115a
Federal preemption--Product liability--Over-the-counter medication--Failure to warn of risks 3DCA 51c
Fiduciary--Breach of duty--Condominium association's action against officers, directors and managing agents 4DCA 837a
Fiduciary--Breach of duty--Condominium officers, directors, and managing agents--Joint and several liability--Jury instructions--Erroneous instruction--Remedy 4DCA 837a
Fiduciary--Breach of duty--Title insurance agent--Vicarious liability of insurer 1DCA 824d
Florida Building Code violation--Absence of evidence of violation 3DCA 733a
Foreseeability--Automobile dealerships--Vehicle stolen from dealership's property involved in accident 4DCA 59a
Foreseeability--Intervening criminal act--Vehicle stolen from automobile dealer's property involved in accident--Dealership's liability 4DCA 59a
Fraud--Inducement--False statement concerning material fact--Sufficiency of evidence 2DCA 722a
Fraud--Inducement--Sufficiency of evidence 3DCA 1300a
Fraud--Intentional misrepresentation--Impact rule 2DCA 1038a
Fraud--Intentional misrepresentation--Misrepresentation of cause of decedent's death--Recovery of nonpecuniary damages by personal representative 2DCA 1038a
Fraud--Misrepresentation--Insurance brokers--Misrepresentation of facts material to risks assumed by insurance company--Broker's liability to insurance company 4DCA 497a
Geologist--Professional negligence--Limitation of liability--Provision in agreement between plaintiff and defendant geologist's corporation 3DCA 1300a
Hospitals--Decedent falling from hospital bed while in critical care unit of hospital--Medical malpractice presuit requirements--Applicability 3DCA 1340a
Hospitals--Defamation--Slander per se--Denigrating references to surgeon's ability to perform surgery during course of dispute over cardiovascular surgery privileges 4DCA 655c
Immunity--Absolute--Defamation--Litigation privilege--Pretrial statements by defendant in role as attorney during preparation for defense of client during pending and active litigation 4DCA 1331a
Immunity--Absolute--Defamation--Sheriff--Submission of written form to Florida Department of Law Enforcement inaccurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Immunity--Absolute--Interference with business relationship--Sheriff--Submission of written form to Florida Department of Law Enforcement inaccurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Immunity--Attorneys--Litigation immunity--Filing of notice of lis pendens 3DCA 603a
Indemnity 4DCA 497a
Insurance--Brokers--Negligent creation of "gap" in professional liability coverage under policies governed by Surplus Lines Law--Absence of gap in coverage because of insurer's failure to provide required notice of nonrenewal 1DCA 794a; 1DCA 1268a
Insurance--Title insurance--Company's vicarious liability for agent's breach of fiduciary duty 1DCA 824d
Insurance agents--Negligent procurement of flood insurance in reduced amounts--Attorney's fees--Applicable statute 1DCA 1269a
Insurance brokers--Misrepresentation of facts material to risks assumed by insurance company--Broker's liability to insurance company 4DCA 497a
Intentional misrepresentation--Impact rule 2DCA 1038a
Intentional misrepresentation--Misrepresentation of cause of decedent's death--Recovery of nonpecuniary damages by personal representative 2DCA 1038a
Interference with business relationship--Attorneys--Litigation privilege--Filing of notice of lis pendens 3DCA 603a
Interference with business relationship--Immunity--Absolute--Sheriff--Submission of written form to Florida Department of Law Enforcement inaccurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Damages--Lost profits--Causal relationship between lost profits and wrongdoing--Sufficiency of evidence 4DCA 1111d
Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Damages--Lost profits--Deductions--Overhead expenses 4DCA 1111d
Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Damages--Punitive--Absence of compensatory damages 4DCA 1111d
Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Damages--Punitive--Excessiveness--Three-part analysis 4DCA 1111d
Interference with business relationship--Sheriff--Submission of written form to Florida Department of Law Enforcement inaccurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Absolute immunity--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Interference with contract--Attorneys--Litigation privilege--Filing of notice of lis pendens 3DCA 603a
Intervening cause--Automobile accident--Negligent medical treatment--Liability for damages resulting from subsequent negligent or improper treatment--Jury instructions--Refusal to give requested instruction--New trial 4DCA 943a
Judges--Sleeping during voir dire and opening statements--Prejudice 3DCA 733a
Judges--Successor--Ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
Jurisdiction--Forum selection clause--Cruise ship ticket contract--Requirement that actions be filed exclusively in U.S. District Court for Southern District of Florida 3DCA 48c; 3DCA 467a
Jurisdiction--Non-residents--Carrying on business or business venture in state or having office or agency in state--Not-for-profit club whose business is conducted from home of Florida resident 4DCA 159a
Jurisdiction--Non-residents--Insufficient allegations to demonstrate that defendant is subject to jurisdiction under long-arm statute 2DCA 983a
Jurisdiction--Non-residents--Minimum contacts--Defendants availing themselves of privilege of doing business in state and reasonably anticipating being haled into courts in state 3DCA 890a
Jurisdiction--Non-residents--Minimum contacts--Not-for-profit club which receives dues from Florida residents, holds dog shows in Florida, and receives advertising revenue for magazine mailed to Florida residents 4DCA 159a
Jurisdiction--Non-residents--Operating, conducting, engaging in, or carrying on business or business venture in state 3DCA 890a
Jurisdiction--Non-residents--Tortious act in state--Defamatory e-mails sent to Florida residents 5DCA 78a
Jurisdiction--Non-residents--Tortious act in state--Posting of defamatory information about a Florida business on website--Website posts accessible and accessed in Florida SCO 349a
Jurisdiction--Service of process--Corporations--Neither summons nor return of service stating that corporation was served or that individual was being served as registered agent or corporate officer of corporation 3DCA 460a
Jurisdiction--Service of process--Substituted--Due diligence in attempting to locate defendant 3DCA 173a
Jurisdiction--Service of process--Substituted--Noncompliance with statute 4DCA 137c
Jury--Deadlock--Jury instructions--Standard--Amendment SCO 149a
Jury instructions--Automobile accident--Intersections marked by stop sign--Stipulation that decedent did not stop before making U-turn 3DCA 844a
Jury instructions--Concurrent cause 3DCA 844a
Jury instructions--False imprisonment--Probable cause--Standard instruction--Amendment SCO 149a
Jury instructions--Intervening cause--Automobile accident--Negligent medical treatment--Liability for damages resulting from subsequent negligent or improper treatment--Refusal to give requested instruction--New trial 4DCA 943a
Jury instructions--Joint and several liability--Intentional tort--Breach of fiduciary duty--Erroneous instruction--Remedy 4DCA 837a
Jury instructions--Malicious prosecution--Probable cause--Standard instruction--Amendment SCO 149a
Jury instructions--Negligence--Greater weight of the evidence--Standard instruction--Amendment SCO 149a
Jury instructions--Product liability--Demonstrative evidence--Inadvertent use of word "defect" when instructing jury regarding malfunction that occurred during demonstration 4DCA 1327a
Jury instructions--Professional negligence--Standard instruction--Amendment SCO 149a
Jury instructions--Punitive damages--Standard instruction--Amendment SCO 149a
Jury instructions--Slander per se--Nominal damages 4DCA 655c
Jury instructions--Standard instructions in civil cases--Amendment--Reorganization and modification SCO 149a
Jury instructions--Vicarious liability--Stipulation that if truck driver were found liable trucking company would be vicariously liable 3DCA 844a
Jury instructions--Workers' compensation immunity--Intentional torts--Standard instruction--Amendment SCO 149a
Jury trial--Damages--Unliquidated 3DCA 412a
Legal malpractice--Negligent failure to exclude from asset purchase agreement a recently purchased jet aircraft--Plaintiff having remedy of reformation of asset purchase agreement 3DCA 644a
Limitation of actions--Amended complaint--Relation back 3DCA 1190a
Limitation of actions--Amended complaint--Relation back--Addition of party--Prejudice--Knowledge of claim prior to amendment of complaint 5DCA 1346a
Limitation of actions--Defamation--Expiration of statute of limitations before expiration of five-day period for giving notice 2DCA 114b
Limitation of actions--Product liability--Aircraft--General Aviation Revitalization Act statute of repose--Affirmative defense 1DCA 541a
Limitation of actions--Product liability--Statute of repose--Affirmative defense 1DCA 541a
Loss of consortium--Parental consortium--Product liability--Asbestos--Last known exposure to asbestos occurring prior to effective date of statute allowing such loss of consortium damages 3DCA 24b
Malicious prosecution--Probable cause--Jury instructions--Standard--Amendment SCO 149a
Maritime law--Jurisdiction--Forum selection clause in cruise ship ticket contract--Requirement that actions be brought in admiralty in U.S. District Court for Southern District of Florida 3DCA 1236a
Maritime law--Jurisdiction--Forum selection clause in cruise ship ticket contract--Requirement that actions be filed in U.S. District Court for Southern District of Florida 3DCA 48c
Medical malpractice--Appeals--Argument--Improper argument on postoperative negligence--Preservation of issue SCO 137a
Medical malpractice--Argument--Failure of defendant to move into evidence a chronology of events--Plaintiff's assertion during trial that chronology was inadmissible work product 4DCA 606a
Medical malpractice--Argument--Improper argument on postoperative negligence--Appeals--Preservation of issue SCO 137a
Medical malpractice--Argument--Reference to "cocksure attorney" 4DCA 606a
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Breach of settlement agreement by NICA--Refusal to execute documents necessary for structured settlement--Obligation to execute documents--Factual issue 2DCA 493a
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Action against both NICA participants and non-participants--Election of remedies 4DCA 780a
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Action against both NICA participants and non-participants--Injury caused by nonparticipant not occurring during "labor, delivery, or immediate postdelivery resuscitation"--Factual issue 4DCA 780a
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided by physician but not by hospital SCO 40a; 2DCA 40a
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Notice provided during prior pregnancy 2DCA 903b
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Practicality--Preregistration 2DCA 903b
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Requirement that both participating physicians and hospitals with participating physicians on staff provide notice SCO 40a
Medical malpractice--Birth-Related Neurological Injury Compensation Plan--Participating physician--Nurse midwife who did not have written prearranged plan of treatment 2DCA 40a; 2DCA 903b
Medical malpractice--Damages--Noneconomic--Limitation--Constitutionality of statute 2DCA 722a
Medical malpractice--Damages--Noneconomic--Limitation--Retroactive application of statute 3DCA 508a
Medical malpractice--Discovery--Deposition--Nonparty treating physician--Pre-deposition communication between nonparty and nonparty's attorney--Restrictions--Nonparty represented by attorney employed by defendant's insurer, which also insured nonparty 4DCA 1115a
Medical malpractice--Discovery--Premature--Presuit screening period not complete 3DCA 406a
Medical malpractice--Evidence--Expert--Second orthopedic surgeon--Pretrial order limiting parties to one expert per specialty 4DCA 606a
Medical malpractice--Evidence--Hospital privileges of surgeon 4DCA 606a
Medical malpractice--Evidence--Undisclosed witness--Opposing party's prior knowledge of existence of witness 4DCA 606a
Medical malpractice--Insurance--Bad faith failure to settle--Jury instructions--Standard--Amendment SCO 149a
Medical malpractice--New trial--Attorney misconduct--Successor judge's ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
Medical malpractice--Presuit requirements--Applicability--Physician licensed in foreign state 1DCA 1385a
Medical malpractice--Presuit requirements--ApplicabilityDecedent falling from hospital bed while in critical care unit of hospital 3DCA 1340a
Medical malpractice--Presuit requirements--Notice of intent to initiate litigation--Corroborating medical expert--Certified medical assistant who did not meet statute's degree or licensing requirements 2DCA 582a
Medical malpractice--Settlement--Apportionment--Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Medical malpractice--Witnesses--Expert--Second orthopedic surgeon--Pretrial order limiting parties to one expert per specialty 4DCA 606a
Medical malpractice--Witnesses--Undisclosed witness--Opposing party's prior knowledge of existence of witness 4DCA 606a
Mistrial--Argument--Income of defendant--Disclosure in opening statement of how little defendant earned 5DCA 575a
Negligence--Department of Corrections' destruction of prisoner's photographs--Frivolous action 1DCA 228a
Negligence--Design and construction of home--Arbitration--Injuries suffered from mold exposure caused by negligent design and construction of home--Arbitration provision in construction contract mandating arbitration of claims of defects in home and claims for personal injuries 4DCA 245a
Negligence--Design and installation of hurricane shutter storage system--Factual issue 4DCA 1181a
Negligence--Design of hurricane shutters--Open and obvious danger 4DCA 1181a
Negligence--Duty of care--Foreseeable zone of risk--Pollution of public waters--Commercial fishermen SCO 341a
Negligence--Evidence--Absence of prior similar accidents--Substantially similar conditions 1DCA 416a
Negligence--Evidence--Expert opinion that defendant was not negligent 2DCA 425a
Negligence--Failure to warn--Use of hurricane shutter storage system--Proximate causation--Failure to read safety warning 4DCA 1181a
Negligence--Foreseeability--Automobile dealerships--Vehicle stolen from dealership's property involved in accident 4DCA 59a
Negligence--Hiring, retention, and supervision--Acts of employee outside course and scope of employment 5DCA 1200c
Negligence--Hiring, retention, and supervision--Nexus between employment and legal duty owed to plaintiff 5DCA 1200c
Negligence--Inspection and maintenance of truck involved in accident--Defective condition of truck not contributing to accident 3DCA 844a
Negligence--Installation of handrail--Florida Building Code violation--Absence of evidence of violation 3DCA 733a
Negligence--Installation of handrail--Resulting fall and injury--Evidence--Settlement with manufacturer of aluminum used in railing 3DCA 733a
Negligence--Installation of handrail--Resulting fall and injury--Evidence--Subsequent fall at different location 3DCA 733a
Negligence--Jury instructions--Greater weight of the evidence--Standard instruction--Amendment SCO 149a
Negligence--Misrepresentation--Insurance brokers--Misrepresentation of facts material to risks assumed by insurance company--Broker's liability to insurance company 4DCA 497a
Negligence--Pollution--Economic losses unrelated to injury to persons or property--Commercial fishermen's loss of profits as result of release of pollutants in fishing waters SCO 341a
Negligence--Private airplane owner--Maintenance and inspection of airplane 2DCA 115a
New trial--Attorney misconduct--Successor judge's ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
New trial--Illegal pretrial Mary Carter agreement--Agreement not kept secret from parties, counsel, or jury 4DCA 837a
New trial--Product liability--Improper exclusion of demonstrative evidence underlying defense experts' opinions 4DCA 1327a
New trial--Verdict against manifest weight of evidence--Bus passenger injured when bus was rear-ended by another vehicle--Verdict finding no negligence on part of any defendant 1DCA 677a
New trial--Verdict against manifest weight of evidence--Conflicting evidence 3DCA 255d
Nursing homes--Adult Protective Services Act--Violations--Arbitration--Enforceability of arbitration clause 2DCA 1262a
Nursing homes--Arbitration--Enforceability of arbitration clause--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Nursing homes--Arbitration--Enforceability of arbitration clause--Agreement signed by resident's wife and attorney-in-fact--Unconscionability--Evidentiary hearing 2DCA 1262a
Nursing homes--Arbitration--Enforceability of arbitration clause--Capacity of resident to enter contracts--Evidentiary hearing 2DCA 1148a
Nursing homes--Arbitration--Enforceability of arbitration clause--Limitation of remedies provided under Nursing Home Residents Act 2DCA 1262a
Nursing homes--Arbitration--Enforceability of arbitration clause--Unconscionability--Evidentiary hearing 2DCA 1262a
Nursing homes--Deprivation of resident's rights--Arbitration--Enforceability of arbitration clause 2DCA 1262a
Nursing homes--Negligence--Evidence--Expert opinion that defendant was not negligent 2DCA 425a
Pollution--Damages--Economic loss--Exceptions--Commercial fishermen whose profits were affected by release of pollutants SCO 341a
Pollution--Duty of care--Foreseeable zone of risk--Pollution of public waters--Commercial fishermen SCO 341a
Pollution--Private cause of action--Pollutant Discharge and Removal Control Act--Standing--Commercial fishermen--Economic losses proximately caused by release of pollutants SCO 341a
Premises liability--Discovery--Attorney-client privilege--Attorney's case file--Unrelated case in which attorney represented same client regarding automobile accident 4DCA 747a
Premises liability--Discovery--Work product--Attorney's case file--Unrelated case in which attorney represented same client regarding automobile accident 4DCA 747a
Premises liability--Slip and fall--Damages--Lost wages--Misrepresentation--Dismissal--Fraud on court--Conflicting evidence 4DCA 1060a
Product liability--Aircraft--Limitation of actions--General Aviation Revitalization Act statute of repose--Affirmative defense 1DCA 541a
Product liability--Asbestos--Damages--Loss of consortium--Parental consortium--Last known exposure to asbestos occurring prior to effective date of statute allowing such loss of consortium damages 3DCA 24b
Product liability--Asbestos--Damages--Setoff--Settlement with codefendants 3DCA 24b
Product liability--Asbestos--Evidence--Letter from employee of defendant's predecessor--Prejudicial portion--Redaction 3DCA 24b
Product liability--Asbestos--Verdict form--Fabre defendants 3DCA 24b
Product liability--Automobile--Design defects--Seatbelt, seatback, and side window glass--Evidence--Demonstrative--Substantial similarity doctrine--Applicability--Evidence not intended to recreate accident 4DCA 1327a
Product liability--Automobile--Design defects--Seatbelt, seatback, and side window glass--Evidence--Demonstrative--Tests underlying defense experts' opinions that injuries would have occurred even with alternative designs--Exclusion of evidence based on substantial similarity doctrine--New trial 4DCA 1327a
Product liability--Automobile--Design defects--Seatbelt, seatback, and wide window glass--Jury instructions--Demonstrative evidence--Inadvertent use of word "defect" when instructing jury regarding malfunction that occurred during demonstration 4DCA 1327a
Product liability--Crane--Liability of defendant who sold crane to another defendant and agreed to keep it in good repair--Defendant who did not design, manufacture, or operate crane 3DCA 297a
Product liability--Damages--Setoff--Settlement with codefendants 3DCA 24b
Product liability--Dietary supplements--Supplements containing ephedrine--Evidence--FDA rule banning dietary supplements containing ephedrine--Rule adopted six years after plaintiff suffered stroke 1DCA 440a
Product liability--Evidence--Letter from employee of defendant's predecessor--Prejudicial portion--Redaction 3DCA 24b
Product liability--Limitation of actions--Statute of repose--Affirmative defense 1DCA 541a
Product liability--Over-the-counter medication--Failure to warn of risks--Federal preemption 3DCA 51c
Product liability--Verdict form--Fabre defendants 3DCA 24b
Professional malpractice--Psychologist--Treating therapist for children who were killed and injured by their mother--Duty to warn children's father and authorities that mother posed danger to children 2DCA 1223a
Professional negligence--Jury instructions--Standard--Amendment SCO 149a
Professional negligence--Limitation of liability--Provision in agreement between plaintiff and professional's corporation 3DCA 1300a
Psychologist--Treating therapist for children who were killed and injured by their mother--Duty to warn children's father and authorities that mother posed danger to children 2DCA 1223a
Punitive damages--Absence of compensatory damages 4DCA 1111d
Punitive damages--Excessiveness--Nominal compensatory damages--Intentional, malicious harm--Slander per se 4DCA 655c
Punitive damages--Excessiveness--Three-part analysis 4DCA 1111d
Punitive damages--Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Absence of compensatory damages 4DCA 1111d
Punitive damages--Interference with business relationship--Inducement of competitor's former employee to breach noncompetition covenant--Excessive award--Three-part analysis 4DCA 1111d
Punitive damages--Jury instructions--Standard--Amendment SCO 149a
Punitive damages--Proportionality when compared to compensatory damages award--Statutory abrogation--Intentional, malicious harm 4DCA 655c
Rear end collision--Bus passenger injured when bus was rear-ended by another vehicle--Verdict finding no negligence on part of any defendant--New trial 1DCA 677a
Rear end collision--Failure of insurer of motorist in rear vehicle to timely disclose that it had agreed to provide coverage for any excess judgment--Harmless error 4DCA 654b
Rear end collision--Presumption of negligence--Applicability--Action by passenger of rear vehicle against driver of lead vehicle 5DCA 805b
Rear end collision--Presumption of negligence--Rebuttal--Sudden lane change and reduction of speed by lead driver--Factual issue 1DCA 313d
Releases--Ambiguous exculpatory clause 5DCA 76a
Res ipsa loquitur--Fracture suffered while being transported in ambulance by county's paramedics 2DCA 812a
Res judicata--Federal court's dismissal of action as barred by statute of limitations--Federal court order explicitly allowing plaintiff to proceed with state court action 3DCA 467a
School boards--Student killed while en route to bus stop--School board's liability--Bus stop located on busy roadway 4DCA 559a
School boards--Student killed while en route to bus stop--School board's liability--Student redirected to bus stop across busy road in order to avoid problems student was having on original bus 4DCA 559a
Schools--Injuries suffered by student in automobile accident occurring while student was driving automobile after consuming alcohol at end-of-year party at private residence--School's liability--Evidence--Student's treatment for alcohol abuse 3DCA 344a
Schools--Injuries suffered by student in automobile accident occurring while student was driving automobile after consuming alcohol at end-of-year party at private residence--School's liability--Party not a school sponsored or school related event 3DCA 344a
Settlement--Apportionment--Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Settlement--Mary Carter agreement--Agreement not kept secret from parties, counsel, or jury 4DCA 837a
Settlement--Medicaid lien--Lien amount not exceeding fifty percent of settlement amount--Full satisfaction of lien 2DCA 118a
Settlement agreement--Accord and satisfaction--Insurer tendering check for amount stated in plaintiff's settlement offer but including release form releasing itself as well as driver and owner of vehicle--Offer explicitly limited to release of driver and co-owners of vehicle 1DCA 88a
Sheriffs--Immunity--Absolute--Defamation and interference with business relationship--Submission of written form to Florida Department of Law Enforcement in accurately reporting that plaintiff's separation from sheriff's office was "voluntary separation while being investigated for alleged misconduct"--Statute providing that administrator of employing agency who discloses information in form is immune from civil liability unless information disclosed was knowingly false or violated former or current employee's civil rights--Applicability 4DCA 452a
Sovereign immunity--Department of Children and Family Services--Waiver of immunity--Wanton and willful disregard for employee's safety--State employee suffering fatal heart attack at work after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital 1DCA 1011a
Sovereign immunity--Workers' compensation--Retaliatory discharge for filing claim--Presuit notice requirements--Applicability SCO 368a
Strict liability--Pollution--Economic losses unrelated to injury to persons or property--Commercial fishermen's loss of profits as result of release of pollutants in fishing waters SCO 341a
Theft--Damages--Treble damages--Joint and several liability 3DCA 412b
Theft--Damages--Treble damages--Notice--Failure to comply with notice requirement--Prejudice 2DCA 308a
Theft--Directed verdict--Failure to prove causation 2DCA 267a
Theft--Failure to return unearned portion of retainer 2DCA 308a
Theft--Law firm client files and documents--Damages--Causation--Sufficiency of evidence 2DCA 267a
Trespass--Damages--Interest--Prejudgment--Loss of vested property right with date of loss ascertainable from evidence as to when property damage occurred 1DCA 91a
Venue--Cruise ship ticket contract--Requirement that actions be brought in admiralty in U.S. District Court for Southern District of Florida 3DCA 1236a
Venue--Cruise ship ticket contract--Requirement that actions be filed in U.S. District Court for Southern District of Florida 3DCA 48c; 3DCA 467a
Venue--Joint residency rule 4DCA 779a
Verdict--Contrary to manifest weight of evidence--Bus passenger injured when bus was rear-ended by another vehicle--Verdict finding no negligence on part of any defendant--New trial 1DCA 677a
Verdicts--Form--Fabre defendants 3DCA 24b
Vicarious liability--Dangerous instrumentalities--Private airplane--Owner's liability--Federal preemption--Federal Aviation Act 2DCA 115a
Vicarious liability--Jury instructions--Stipulation that if truck driver were found liable trucking company would be vicariously liable 3DCA 844a
Vicarious liability--Title insurance company--Agent's breach of fiduciary duty 1DCA 824d
Workers' compensation--Exclusive remedy--Contractors--Statutory employer--Subcontractor's denial of workers' compensation claim on ground that accident was not within course and scope of employment 3DCA 469b
Workers' compensation--Exclusive remedy--Employment relationship--Authority of employee to hire plaintiff--Factual issue 2DCA 474a
Workers' compensation--Exclusive remedy--Estoppel from raising defense--Denial of workers' compensation claim on basis that plaintiff's injury did not occur in course and scope of employment 3DCA 342b
Workers' compensation--Exclusive remedy--Intentional acts--Conduct virtually certain to cause injury or death--Sovereign immunity--Waiver--Wanton and willful disregard for employee's safety--Conflict of statutes 1DCA 1011a
Workers' compensation--Exclusive remedy--Intentional torts--Cause of action based solely on negligence 1DCA 1102b
Workers' compensation--Exclusive remedy--Intentional torts--Jury instructions--Standard--Amendment SCO 149a
Workers' compensation--Exclusive remedy--Longshore and Harbor Workers' Compensation Act--Appeals--Denial of summary judgment on workers' compensation immunity defense 2DCA 1357a
Workers' compensation--Exclusive remedy--Statutory employer--Contractor--Subcontractor's denial of workers' compensation claim on ground that accident was not within course and scope of employment 3DCA 469b
Workers' compensation--Exclusive remedy--Subcontractors--Liability for injuries suffered by contractor's employee--Retroactive application of statute immunizing subcontractor from liability 3DCA 1082a
Workers' compensation--Exclusive remedy--Unrelated works--Absence of references in pleadings to wrongful acts of co-employee 1DCA 1102b
Workers' compensation--Retaliatory discharge for filing claim--Sovereign immunity--Presuit notice requirements--Applicability SCO 368a
TRUSTS
Beneficiaries--Determination--Discovery--DNA samples from decedent's legitimate children to establish paternity of child who claims to be decedent's illegitimate child 2DCA 263c
Constructive--Fraud, undue influence, abuse of confidence or mistake--Absence of evidence 2DCA 701a
Creditors' rights--Judgment creditor's right to assets not yet distributed to judgment debtor/trust beneficiary 4DCA 996b
Land trust--Termination--Sale of trust property--Post-judgment approval of amended contract which significantly reduced purchase price stated in court-approved agreement and extended closing date--Remedy--New action or supplemental pleadings--Service on opposing party--Party who originally defaulted 4DCA 1066a
Power of attorney granting decedent's widow power to appoint any part of principal of trust to decedent's lineal descendants--Widow's granting of principal and income to decedent's step-children 5DCA 1264b
Resulting--Intent to create trust relationship 2DCA 701a
Trustees--Compensation--Compensation of trustee who is a beneficiary for managing a trust asset--Trust provision that trustee who is also a beneficiary shall serve without compensation 2DCA 222a
UNEMPLOYMENT COMPENSATION
Appeals--Determination notice finding claimant not entitled to benefits--Timeliness of appeal 3DCA 1188a
Appeals--Jurisdiction--Referee deciding case at location outside boundaries of district court 2DCA 1109a
Appeals--Timeliness 3DCA 570b
Appeals--Timeliness--Confusion 3DCA 24a
Appeals--Timeliness--Confusion as to deadline for filing appeal--Confusion occasioned by action of Agency for Workforce Innovation's Office of Appeals 3DCA 406b
Appeals--Timeliness--Delay caused by actions of agency 5DCA 989c
Appeals--Timeliness--Determination notice finding claimant not entitled to benefits 3DCA 1188a
Appeals--Timeliness--Extension of period--Good cause 3DCA 192a
Appeals--Timeliness--Order not received until after expiration of time for filing notice of appeal 1DCA 1029a
Misconduct--Carelessness--Inappropriate dripping of paint by painter 3DCA 411a
Misconduct--Claimant engaging in disruptive behavior after signing memorandum acknowledging that his disruptive behavior adversely affected work place 3DCA 771a
Misconduct--Competent substantial evidence to support referee's findings 5DCA 305a
Misconduct--Drug test result--Failure to demonstrate that drug test claimant allegedly failed was conducted in compliance with statute 1DCA 1383c
Misconduct--Failure to report to work 1DCA 1164c; 3DCA 1195b
Misconduct--Failure to report to work due to transportation problems--Claimant calling to report car problems, but supervisor "too busy" to take calls 4DCA 294c
Misconduct--Insubordination--Repeated failure to comply with employer's policy despite express instructions and multiple warnings 1DCA 444b
Misconduct--Recurring disregard of obligations and duties to job 3DCA 1195b
Misconduct--Rejection of referee's decision--Decision based on competent substantial evidence and proper application of controlling law 3DCA 355a
Notice of determination--Conflicting notices 5DCA 989c
Notice of determinationFinding that claimant not entitled to benefits--Appeals--Timeliness 3DCA 1188a
Overpayment--Repayment--Excuse--Equitable considerations 1DCA 444a
Voluntary termination of employment--Applicability of statute--Leaving of part-time position for full-time position without any break in employment 1DCA 1375b
Voluntary termination of employment--Filing for unemployment compensation after employer had placed claimant on leave of absence so that he could get help with psychological problems 3DCA 771a
Voluntary termination of employment--Good cause attributable to employer--Fear of being fired 1DCA 1368a
Voluntary termination of employment--Good cause attributable to employer--Reduction in hours of employment 5DCA 695b
Voluntary termination of employment without good cause attributable to employer 5DCA 1140a
Voluntary termination of employment without good cause attributable to employer--Claimant sent home by manager who said he did not want to see claimant anymore 3DCA 897a
Voluntary termination of employment without good cause attributable to employer--Failure to return to work in foreign state after holiday break--Inability to afford travel 3DCA 899a
Withdrawal of claim--More than 20 days having elapsed without appeal of Agency for Workforce Innovation Wage Transcript and Determination 1DCA 676b
UNIFORM COMMERCIAL CODE
Secured transactions--Priority--Security interest in all inventory of art gallery--Painting placed by consignor in art gallery--Consignor's interest not perfected 4DCA 994a
Secured transactions--Priority--Security interest in all inventory of art gallery--Painting placed by consignor in art gallery--Knowledge by creditors that gallery was substantially engaged in consignment sales 4DCA 994a
VENUE
Change 4DCA 3a; 3DCA 1131c
Contracts--Forum selection clause--Clause placed in section entitled "Default"--Action not a default payment case 3DCA 604c
Criminal case--Trafficking in cocaine--Trafficking by possession--Trial of seller in county in which only buyers possessed drugs 2DCA 1212a
Forum non conveniens--Dismissal--Premature dismissal--Discovery not complete 3DCA 1239b
Forum non conveniens--More convenient forum--Absence of evidence 3DCA 186a
Forum non conveniens--Proper analysis 3DCA 1239b
Forum non conveniens--Wrongful death--Automobile accident caused by tire blowout and vehicle rollover--Action against tire and vehicle manufacturers 4DCA 836a
Forum selection clause--Clause placed in section of contract entitled "Default"--Action not a default payment case 3DCA 604c
Forum selection clause--Cruise ship ticket contract--Requirement that actions be brought in admiralty in U.S. District Court for Southern District of Florida 3DCA 1236a
Forum selection clause--Cruise ship ticket contract--Requirement that actions be filed in U.S. District Court for Southern District of Florida 3DCA 48c; 3DCA 467a
Government agency--Home venue privilege--Prisoner's challenge to Department of Corrections disciplinary order taking away gain time 4DCA 399a
Insurance--Automobile liability--Bad faith 4DCA 1171a
Joint residency rule 4DCA 779a
Municipal corporations--Home venue privilege--Class action against multiple municipalities 2DCA 761a
Torts--Joint residency rule 4DCA 779a
Transfer--Vacation of order--Jurisdiction--Transferee court having received court file, and all applicable costs and service charges paid 3DCA 549b
Wrongful death--Forum non conveniens--Automobile accident caused by tire blowout and vehicle rollover--Action against tire and vehicle manufacturers 4DCA 836a
WILLS
Devises--Homestead--Exemption from creditors' claims and administrative expenses--Loss of protected status--Devise of property with directions that it be sold and proceeds divided among devisees 4DCA 605d
WORKERS' COMPENSATION
Appeals 1DCA 1382a
Appeals--Attorney's fees--Appeal from non-appealable order 1DCA 1100b
Appeals--Dismissal of petition for benefits without evidentiary hearing--Preservation of issue 1DCA 273a
Appeals--Non-final orders--Order generally awarding indemnity benefits without specifying the type of benefits awarded 1DCA 1275a
Appeals--Non-final orders--Order reserving jurisdiction on ripe issue of medical benefits 1DCA 1275b
Appeals--Order dismissing petition for benefits without prejudice--Limitations period to amend petition not yet expired 1DCA 931c
Appeals--Summary disposition 1DCA 414b
Appeals--Timeliness 1DCA 544b; 1DCA 1275c
Attendant care--Identification of type 1DCA 929a
Attendant care--Lawn care services--Medical necessity 1DCA 1161a
Attendant care--Medical necessity 1DCA 1161a
Attorney's fees--Appeals--Order determining entitlement to attorney's fees but reserving jurisdiction to determine amount of fee 1DCA 930c
Attorney's fees--Appellate--Appeal from non-appealable order 1DCA 1100b
Attorney's fees--Justiciable issues 1DCA 519a
Attorney's fees--Statutory fee schedule--Deviation--Customary hourly rate in area 1DCA 728a
Attorneys--Disqualification--Concurrent representation 1DCA 149b
Average weekly wage--Health insurance benefits--Unvested benefits 1DCA 1363a
Average weekly wage--Income reported to IRS--Sufficiency of reporting 1DCA 230a; 1DCA 232a
Average weekly wage--Stipulation--Rejection--Claimant admitting that he was illegal immigrant who had never filed federal income taxes 1DCA 1152a
Compensable accidents--Applicable standard--Injury occurring prior to implementation of "major contributing cause" standard 1DCA 816c
Compensable accidents--Firefighters--Presumption--Heart disease--Disability--Hospitalization for treatment of atrial fibrillation condition 1DCA 593a
Compensable accidents--Firefighters--Presumption--Heart disease--Preemployment physical revealing heart disease--Prior precertification physical not revealing heart disease 1DCA 227a
Compensable accidents--Heart disease--Firefighters--Presumption--Disability--Hospitalization for treatment of atrial fibrillation condition 1DCA 593a
Compensable accidents--Heart disease--Firefighters--Presumption--Preemployment physical revealing heart disease--Prior precertification physical not revealing heart disease 1DCA 227a
Compensable accidents--Major contributing cause--Injury occurring prior to implementation of "major contributing cause" standard 1DCA 816c
Compensable accidents--Presumption--Firefighters--Heart disease--Disability--Hospitalization for treatment of atrial fibrillation condition 1DCA 593a
Compensable accidents--Presumption--Firefighters--Heart disease--Preemployment physical revealing heart disease--Prior precertification physical not revealing heart disease 1DCA 227a
Compensable accidents--Repeated trauma--Aggravation of preexisting condition--Major contributing cause--Sufficiency of evidence 1DCA 684a
Compensable accidents--Repeated trauma--Causation--Evidence--Medical--Condition not readily observable 1DCA 684a
Costs--Prevailing employer/carrier 1DCA 795a
Costs--Prevailing party--Employer/carrier--Dispute over claimant's entitlement to temporary partial disability benefits--E/c prevailing in limited manner on affirmative defense that claimant voluntarily limited income 1DCA 728b
Costs--Timeliness of motion to tax costs--Absence of time limit 1DCA 150a
Defenses--Striking--Discovery--Failure to comply--Willfulness--Absence of finding 1DCA 149a
Depositions--Failure to attend--Sanctions--Willfulness--Absence of finding 1DCA 149a
Discovery--Depositions--Failure to attend--Sanctions--Willfulness--Absence of finding 1DCA 149a
Discovery--Failure to comply--Refusal to answer deposition questions related to immigration status by invoking Fifth Amendment privilege--Dismissal--Prejudice to employer/carrier 1DCA 1391c
Discovery--Failure to comply--Willfulness--Absence of finding 1DCA 149a
Discovery--Financial records of claimant--Relevance to employer/carrier's attempt to recover overpaid benefits resulting from under-calculated social security offset 1DCA 934a
Dismissal--Absence of evidentiary hearing--Appeals--Preservation of issue 1DCA 273a
Dismissal--Discovery--Failure to comply--Refusal to answer deposition questions related to immigration status by invoking Fifth Amendment privilege--Prejudice to employer/carrier 1DCA 1391c
Dismissal--Failure to appear for depositions 1DCA 273a
Dismissal--Failure to prosecute--Absence of motion to dismiss 1DCA 85a
Dismissal--Failure to prosecute--Record activity in preceding twelve months 1DCA 85a
Dismissal--Limitation of actions--Tolling of period--Filing of properly drafted petition for benefits 1DCA 85a
Division of Workers' Compensation--Penalties for failure to comply with order--Appeals--Timeliness--Date original notice of appeal was filed with clerk of lower tribunal 1DCA 685a
Division of Workers' Compensation--Stop work orders--Reinstatement--Hearing 1DCA 592d
Employer-employee relationship--Owner-operator of motor vehicle transporting property for motor carrier 1DCA 682a
Employment search--Condition precedent to award of supplemental income benefits--Notice to claimant--Employer/carrier's compliance with mandatory notice requirement--Burden of proof 1DCA 683b
Estoppel--Limitation of actions--Failure of employer/carrier to act when it was under duty to do so--Claimant misled to her detriment due to e/c's omission 1DCA 1394a
Evidence--Medical--Expert medical advisor, independent medical examiner, or authorized treating physician--Deauthorized treating physician 1DCA 1363b
Expert medical advisors--Appointment--Conflict among medical experts regarding claimant's permanent impairment rating 1DCA 1377a
Expert medical advisors--Appointment--Denial--Conflicting medical evidence 1DCA 1363b
Expert medical advisors--Appointment--Timeliness of request 1DCA 1377a
Failure to prosecute--Dismissal--Absence of motion to dismiss 1DCA 85a
Failure to prosecute--Dismissal--Record activity in preceding twelve months 1DCA 85a
Firefighters--Compensable accidents--Presumption--Heart disease--Disability--Hospitalization for treatment of atrial fibrillation condition 1DCA 593a
Firefighters--Compensable accidents--Presumption--Heart disease--Preemployment physical revealing heart disease--Prior precertification physical not revealing heart disease 1DCA 227a
Fraud--Employer/carrier--Authority of judge of compensation claims to impose sanctions against employer/carrier for making false, fraudulent, or misleading statements for purpose of denying benefits 1DCA 1101a
Fraud--False, incomplete or misleading statements for purpose of securing benefits--Federal income tax return omitting earnings from other employers--Amendment of pretrial stipulation to assert defense--Information which should have or could have been discovered prior to final hearing 1DCA 230a
Heart disease--Compensability--Presumption--Firefighters--Disability--Hospitalization for treatment of atrial fibrillation condition 1DCA 593a
Heart disease--Compensability--Presumption--Firefighters--Preemployment physical revealing heart disease--Prior precertification physical not revealing heart disease 1DCA 227a
Illegal aliens--Average weekly wage--Wages earned and reported to IRS--Sufficiency of reporting 1DCA 230a; 1DCA 232a
Impairment benefits--Limitation of actions--Estoppel--Failure of employer/carrier to obtain date of maximum medical improvement and permanent impairment rating from authorized medical providers 1DCA 1394a
Impairment benefits--Rate--Earned income less than average weekly wage--Earnings loss not related to compensable injury 1DCA 314a
Interest--Delay in payment of benefits 1DCA 826b
Judge of compensation claims--Disqualification--Motion--Defects--Oath 1DCA 519a
Judge of compensation claims--Jurisdiction--Medical benefits--Dispute between provider and employer/carrier--Exclusive jurisdiction of Agency for Health Care Administration 1DCA 232a
Judge of compensation claims--Jurisdiction--Medical benefits--Hospital's claim against employer/carrier for emergency medical services furnished to employee 1DCA 1132b
Jurisdiction--Medical benefits--Dispute between provider and employer/carrier--Exclusive jurisdiction of Agency for Health Care Administration 1DCA 232a
Jurisdiction--Medical benefits--Hospital's claim against employer/carrier for emergency medical services furnished to employee 1DCA 1132b
Jurisdiction--Temporary benefits--Stipulation that the only issue for determination at hearing was correct average weekly wage 1DCA 230a
Limitation of actions--Estoppel--Failure of employer/carrier to act when it was under duty to do so--Claimant misled to her detriment due to e/c's omission 1DCA 1394a
Limitation of actions--Raising of defense in initial response to petition for benefits--Denial of claim "in its entirety" without stating basis for denial 1DCA 962a
Limitation of actions--Tolling of period--Filing of petition for benefits 1DCA 85a
Limitation of actions--Tolling of period--Filing of petition for benefits--Voluntarily dismissed petition--Filing of "Notice of Resolution of Issues" advising judge of compensation claims that parties had resolved claim and requesting cancellation of previously scheduled final hearing 1DCA 732a
Medical advisors--Appointment--Conflict among medical experts regarding claimant's permanent impairment rating 1DCA 1377a
Medical advisors--Appointment--Denial--Conflicting medical evidence 1DCA 1363b
Medical advisors--Appointment--Timeliness of request 1DCA 1377a
Medical benefits--Back injury treatment--Causal connection between requested treatment and compensable back injury--Burden of proof--Stipulation that back injury was compensable 1DCA 1277a
Medical benefits--Causal connection between requested treatment and compensable injury--Burden of proof--Stipulation that injury was compensable 1DCA 1277a
Medical benefits--Change of physician--One time change at claimant's request--Denial--Work-related accident no longer major contributing cause of claimant's need for treatment 1DCA 167b
Medical benefits--Change of physician--One time change at claimant's request--Employer/carrier's failure to respond to request within five days--Claimant's acquiescence in employer/carrier's selection of alternative physician 1DCA 933b
Medical benefits--Change of physician--One time change at claimant's request--Failure of employer/carrier to authorize specific physician within five days of request 1DCA 167b
Medical benefits--Change of physician--One time change at claimant's request--Mandatory 1DCA 167b
Medical benefits--Dental evaluation 1DCA 1161a
Medical benefits--Evidence--Expert medical advisor, independent medical examiner, or authorized treating physician--Deauthorized treating physician 1DCA 1363b
Medical benefits--Hot tub 1DCA 1161a
Medical benefits--Jurisdiction--Hospital's claim against employer/carrier for emergency medical services furnished to employee 1DCA 1132b
Medical benefits--MRI--Failure to pay for authorized MRI--Jurisdiction--Dispute between provider and employer/carrier--Exclusive jurisdiction of Agency for Health Care Administration 1DCA 232a
Medical benefits--MRI--Failure to pay for authorized MRI--Standing--Claimant who was not responsible for bill 1DCA 232a
Medical benefits--Second medical opinion--Medical necessity 1DCA 414b
Offset--Social security--Discovery--Claimant's financial records--Relevance 1DCA 934a
Orders--Final--Vacation--Authority 1DCA 443a
Orders--Void--Orders entered subsequent to final order 1DCA 443a
Permanent impairment rating--Issue beyond scope of hearing 1DCA 687d
Preexisting conditions--Aggravation--Major contributing cause--Evidence--Medical 1DCA 684a
Repeated trauma--Aggravation of preexisting condition--Major contributing cause--Sufficiency of evidence 1DCA 684a
Repeated trauma--Causation--Evidence--Medical--Condition not readily observable 1DCA 684a
Retaliatory discharge for filing claim--Adverse action causally related to protected activity--Factual issues 3DCA 174a
Retaliatory discharge for filing claim--Failure of workers' compensation carrier to unequivocally advise employer that employee was released to work 3DCA 174a
Retaliatory discharge for filing claim--Sovereign immunity--Presuit notice requirements--Applicability SCO 368a
Settlement--Revocation--Rejection prior to execution of settlement documents--Agreement permitting revocation within seven days following date of execution 1DCA 1279c
Social security--Offset--Discovery--Claimant's financial records--Relevance 1DCA 934a
Stipulation--Average weekly wage--Rejection--Claimant admitting that he was illegal immigrant who had never filed federal income taxes 1DCA 1152a
Stipulations--Pretrial limitation of issues to be considered at final hearing--Post-hearing modification--Addition of fraud defense--Information which employer/carrier knew or should have known prior to hearing 1DCA 230a
Supplemental benefits--Denial--Failure to conduct job search--Notice of job search obligation--Employer/carrier's compliance with mandatory notice requirement--Burden of proof 1DCA 683b
Supplemental benefits--Entitlement--Burden of proof 1DCA 683b
Temporary benefits--Jurisdiction--Stipulation that the only issue for determination at hearing was correct average weekly wage 1DCA 230a
Temporary partial disability--Causal relationship between compensable injury and wage loss--Evidence--Unsuccessful job search subsequent to termination for economic reasons 1DCA 683a
Temporary partial disability--Causal relationship between compensable injury and wage loss--Failure to show 1DCA 683a
Temporary partial disability--Maximum medical improvement 1DCA 167b
Temporary partial disability--Refusal of suitable employment--Voluntary resignation from light-duty employment--Continued availability of position--Absence of finding 1DCA 1011b
Temporary partial disability--Voluntary resignation from light-duty employment--Continued availability of position--Absence of finding 1DCA 1011b
Temporary total disability--Period of award--Period when medical report showed claimant could return to work and had been so advised 1DCA 1388e
Torts--Immunity--Contractors--Statutory employer--Subcontractor's denial of workers' compensation claim on ground that accident was not within course and scope of employment 3DCA 469b
Torts--Immunity--Employment relationship--Authority of employee to hire plaintiff--Factual issue 2DCA 474a
Torts--Immunity--Estoppel from raising defense--Denial of workers' compensation claim on basis that plaintiff's injury did not occur in course and scope of employment 3DCA 342b
Torts--Immunity--Intentional torts--Cause of action based solely on negligence 1DCA 1102b
Torts--Immunity--Intentional torts--Jury instructions--Standard--Amendment SCO 149a
Torts--Immunity--Longshore and Harbor Workers' Compensation Act--Appeals--Denial of summary judgment on workers' compensation immunity defense 2DCA 1357a
Torts--Immunity--Statutory employer--Contractor--Subcontractor's denial of workers' compensation claim on ground that accident was not within course and scope of employment 3DCA 469b
Torts--Immunity--Subcontractors--Liability for injuries suffered by contractor's employee--Retroactive application of statute immunizing subcontractor from liability 3DCA 1082a
Torts--Immunity--Unrelated works--Absence of references in pleadings to wrongful acts of co-employee 1DCA 1102b
Wages--Income reported to IRS--Sufficiency of reporting 1DCA 230a; 1DCA 232a
Wrongful death--Immunity--Intentional acts--Condition virtually certain to cause injury or death--Sovereign immunity--Waiver--Wanton and willful disregard for employee's safety--Conflict of statutes 1DCA 1011a
WRONGFUL DEATH
Airplanes--Private airplane--Owner's negligent maintenance and inspection 2DCA 115a
Airplanes--Private airplane--Owner's vicarious liability under dangerous instrumentality doctrine--Federal preemption--Federal Aviation Act 2DCA 115a
Arbitration--Enforceability of arbitration clause--Nursing homes--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Automobile accident--Decedent struck by defendant's truck after making U-turn and sideswiping another vehicle 3DCA 844a
Automobile accident--Discovery--Defendant's substance abuse treatment information and records--Psychotherapist-patient privilege 3DCA 520b
Automobile accident--Jury instructions--Intersections marked by stop sign--Stipulation that decedent did not stop before making U-turn 3DCA 844a
Automobile accident--Negligent inspection and maintenance of truck involved in accident--Defective condition of truck not contributing to accident 3DCA 844a
Automobile accident--Rear end collision--Presumption of negligence--Rebuttal--Sudden lane change and reduction of speed by lead driver--Factual issue 1DCA 313d
Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Concurrent cause--Jury instructions 3DCA 844a
Counties--Paramedics--Fracture suffered while being transported in ambulance by county's paramedics--Breach of duty of care 2DCA 812a
Counties--Paramedics--Fracture suffered while being transported in ambulance by county's paramedics--Res ipsa loquitur 2DCA 812a
Damages--Apportionment--Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Dangerous instrumentalities--Private airplane--Owner's liability--Federal preemption--Federal Aviation Act 2DCA 115a
Department of Children and Family Services--Causing injury or death to employee--State employee suffering fatal heart attack after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital--Sovereign immunity--Waiver 1DCA 1011a
Department of Children and Family Services--Causing injury or death to employee--State employee suffering fatal heart attack after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital--Workers' compensation--Exclusive remedy--Intentional torts 1DCA 1011a
Department of Children and Family Services--Sovereign immunity--Waiver--Wanton and willful disregard for employee's safety--State employee suffering fatal heart attack at work after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital 1DCA 1011a
Discovery--Attorney-client privilege--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Privacy rights--Computer hard drives and cell phone SIM cards 5DCA 1018b
Discovery--Psychotherapist-patient privilege--Exceptions--Patient relying on mental or emotional condition as element of claim or defense 3DCA 520b
Discovery--Psychotherapist-patient privilege--Substance abuse treatment information and records 3DCA 520b
Discovery--Work product--Computer hard drives and cell phone SIM cards 5DCA 1018b
Dismissal--Forum non conveniens--Untimely motion to dismiss 3DCA 892b
Duty of care--Psychologist--Treating therapist for children who were killed and injured by their mother--Duty to warn children's father and authorities that mother posed danger to children 2DCA 1223a
Evidence--Demonstrative--Substantial similarity doctrine--Applicability--Evidence not intended to recreate accident 4DCA 1327a
Evidence--Opinion--Expert opinion that defendant was not negligent 2DCA 425a
Federal preemption--Private airplane--Owner's vicarious liability under dangerous instrumentality doctrine--Federal Aviation Act 2DCA 115a
Fraud--Intentional misrepresentation--Misrepresentation of cause of decedent's death--Recovery of nonpecuniary damages from medical malpractice defendants by personal representative 2DCA 1038a
Hospitals--Decedent falling from hospital bed while in critical care unit of hospital--Medical malpractice presuit requirements--Applicability 3DCA 1340a
Intentional misrepresentation--Misrepresentation of cause of decedent's death--Recovery of nonpecuniary damages by personal representative 2DCA 1038a
Judges--Successor--Ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
Jurisdiction--Forum non conveniens--Dismissal--Untimely motion to dismiss 3DCA 892b
Jury instructions--Automobile accident--Intersections marked by stop sign--Stipulation that decedent did not stop before making U-turn 3DCA 844a
Jury instructions--Concurrent cause 3DCA 844a
Jury instructions--Product liability--Demonstrative evidence--Inadvertent use of word "defect" when instructing jury regarding malfunction that occurred during demonstration 4DCA 1327a
Jury instructions--Vicarious liability--Stipulation that if truck driver were found liable trucking company would be vicariously liable 3DCA 844a
Limitation of actions--Product liability--Aircraft--General Aviation Revitalization Act statute of repose--Affirmative defense 1DCA 541a
Limitation of actions--Product liability--Statute of repose--Affirmative defense 1DCA 541a
Medical malpractice--Damages--Noneconomic--Limitation--Constitutionality of statute 2DCA 722a
Medical malpractice--Damages--Unmarried father of deceased infant--Failure to testify at trial 2DCA 722a
Medical malpractice--New trial--Attorney misconduct--Successor judge's ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
Medical malpractice--Presuit requirements--Applicability--Decedent falling from hospital bed while in critical care unit of hospital 3DCA 1340a
Medical malpractice--Presuit requirements--Applicability--Physician licensed in foreign state 1DCA 1385a
Medical malpractice--Settlement--Apportionment--Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Negligence--Evidence--Expert opinion that defendant was not negligent 2DCA 425a
Negligence--Inspection and maintenance of truck involved in accident--Defective condition of truck not contributing to accident 3DCA 844a
Negligence--Private airplane owner--Maintenance and inspection of airplane 2DCA 115a
New trial--Attorney misconduct--Successor judge's ruling on motion for new trial based on record and nonrecord improprieties of defense counsel 2DCA 1143a
New trial--Product liability--Improper exclusion of demonstrative evidence underlying defense experts' opinions 4DCA 1327a
Nursing homes--Arbitration--Enforceability of arbitration clause--Agreement signed by resident's daughter under durable power of attorney--Failure of power of attorney to specifically reference arbitration agreements 5DCA 145a
Nursing homes--Discovery--Information regarding former nursing home resident whom plaintiff sought to locate as witness--Confidentiality of nursing home resident's records 1DCA 814a
Nursing homes--Negligence--Evidence--Expert opinion that defendant was not negligent 2DCA 425a
Product liability--Aircraft--Limitation of actions--General Aviation Revitalization Act statute of repose--Affirmative defense 1DCA 541a
Product liability--Automobile--Design defects--Seatbelt, seatback, and side window glass--Evidence--Demonstrative--Substantial similarity doctrine--Applicability--Evidence not intended to recreate accident 4DCA 1327a
Product liability--Automobile--Design defects--Seatbelt, seatback, and side window glass--Evidence--Demonstrative--Tests underlying defense experts' opinions that injuries would have occurred even with alternative designs--Exclusion of evidence based on substantial similarity doctrine--New trial 4DCA 1327a
Product liability--Automobile--Design defects--Seatbelt, seatback, and wide window glass--Jury instructions--Demonstrative evidence--Inadvertent use of word "defect" when instructing jury regarding malfunction that occurred during demonstration 4DCA 1327a
Product liability--Crane--Liability of defendant who sold crane to another defendant and agreed to keep it in good repair--Defendant who did not design, manufacture, or operate crane 3DCA 297a
Product liability--Limitation of actions--Statute of repose--Affirmative defense 1DCA 541a
Professional malpractice--Psychologist--Treating therapist for children who were killed and injured by their mother--Duty to warn children's father and authorities that mother posed danger to children 2DCA 1223a
Psychologist--Treating therapist for children who were killed and injured by their mother--Duty to warn children's father and authorities that mother posed danger to children 2DCA 1223a
Rear end collision--Presumption of negligence--Rebuttal--Sudden lane change and reduction of speed by lead driver--Factual issue 1DCA 313d
Res ipsa loquitur--Fracture suffered while being transported in ambulance by county's paramedics 2DCA 812a
School boards--Student killed while en route to bus stop--School board's liability--Bus stop located on busy roadway 4DCA 559a
School boards--Student killed while en route to bus stop--School board's liability--Student redirected to bus stop across busy road in order to avoid problems student was having on original bus 4DCA 559a
Settlement--Apportionment--Collateral source rule--Reimbursement of insurer from settlement with tortfeasor--Statutory formula--Applicability--Policy providing for full reimbursement of insurer in case of settlement with tortfeasors 2DCA 993c
Sovereign immunity--Department of Children and Family Services--Waiver of immunity--Wanton and willful disregard for employee's safety--State employee suffering fatal heart attack at work after intervening in violent physical confrontation between co-worker and inmate in forensic unit of state hospital 1DCA 1011a
Venue--Forum non conveniens--Automobile accident caused by tire blowout and vehicle rollover--Action against tire and vehicle manufacturers 4DCA 836a
Vicarious liability--Dangerous instrumentalities--Private airplane--Owner's liability--Federal preemption--Federal Aviation Act 2DCA 115a
Vicarious liability--Jury instructions--Stipulation that if truck driver were found liable trucking company would be vicariously liable 3DCA 844a
Workers' compensation--Exclusive remedy--Intentional acts--Conduct virtually certain to cause injury or death--Sovereign immunity--Waiver--Wanton and willful disregard for employee's safety--Conflict of statutes 1DCA 1011a
ZONING
Development orders--Inconsistency with comprehensive plan--Declaratory or injunctive relief--Timeliness of complaint--Commencement of period--Rendition of order--Filing with employee of clerk's office whose duties included those of records clerk 1DCA 1012b
Development orders--Inconsistency with comprehensive plan--Standing to challenge--Recreational interests in natural resources of affected area 1DCA 1249b
Development orders--Inconsistency with comprehensive plan--Wetlands--Density adjustments based on official jurisdictional wetlands determination 1DCA 1249b
Reverse spot zoning--Denial of rezoning of property which is rendered an island or peninsula because of zoning classification of surrounding property 3DCA 672b