Subject Matter Index
Civil Law
© 2010 Judicial & Administrative Research Associates, Inc.


Volume 35, Issue 27
July 9, 2010


AGENCY

Insurance--Broker's authority after issuance of policy 3DCA 1456a

APPEALS

Dependent children--Termination of parental rights--Challenge to sufficiency of evidence--Preservation of issue 1DCA 1468b
Dismissal of complaint--Vacation--Denial of motion--Order of dismissal never rendered 4DCA 1445b

ATTORNEYS

Advertising--Lawyer-to-lawyer and lawyer-to-client communications--Amendments to Florida Bar rules SCO 435a
Discipline--Evidence--Opinion--Amount of income attorney received as a lawyer and whether amount was sufficient to trigger obligation to file federal income tax returns SCO 419a
Discipline--Evidence--Order of foreign state court in attorney's personal injury suit SCO 419a
Discipline--Failure to file federal income tax returns--Disbarment SCO 419a
Discipline--Trust account violations--Disbarment SCO 419a

ATTORNEY'S FEES

Landlord-tenant--Prevailing party--Underlying judgment reversed on appeal 4DCA 1451a
Prevailing party--Underlying judgment reversed on appeal 4DCA 1451a

CONSTITUTIONAL LAW

Due process--Quasi-judicial hearings--Cross-examination of witnesses by participants 5DCA 1467a

CONTRACTS

Damages--Consequential--Limitation of liability provision 3DCA 1454c
Implied in fact contract--Agreement to cooperate in charter bus service with plaintiff to receive percentage of gross income 5DCA 1464a
Oral--Agreement to cooperate in charter bus service with plaintiff to receive percentage of gross income 5DCA 1464a
Unjust enrichment--Knowing acceptance of services and retention of resulting proceeds 5DCA 1464a

COUNTIES

Commissioners--Quasi-judicial hearings--Due process--Denial of participants' request to cross-examine witnesses 5DCA 1467a
Planned unit development--Amendment--Hearing--Due process--Denial of participants' request to cross-examine witnesses 5DCA 1467a
Quasi-judicial hearings--Due process--Denial of participants' request to cross-examine witnesses 5DCA 1467a
Zoning--Planned unit development--Amendment--Hearing--Due process--Denial of participants' request to cross-examine witnesses 5DCA 1467a

CREDITORS' RIGHTS

Garnishment--Dissolution of writ--Timeliness of motion 3DCA 1454d

DEPENDENT CHILDREN

Appeals--Termination of parental rights--Challenge to sufficiency of evidence--Preservation of issue 1DCA 1468b
Termination of parental rights--Evidence--Sufficiency--Appeals--Preservation of issue 1DCA 1468b

DISSOLUTION OF MARRIAGE

Attorney's fees--Financial positions of parties--Approximately same disposable income 4DCA 1453c
Attorney's fees--Need--Parties having approximately same disposable income 4DCA 1453c
Rules--Amendment--Advertising and communications--Lawyer-to-lawyer and lawyer-to-client communications SCO 435a

FORFEITURE

Adversarial preliminary hearing--Owner's knowledge that property was being used or likely to be used in criminal activity--Necessity to show SCO 432a
Owner's knowledge that property was being used or likely to be used in criminal activity--Necessity to show--Adversarial preliminary hearing SCO 432a

GARNISHMENT

Dissolution of writ--Timeliness of motion 3DCA 1454d

INJUNCTIONS

Repeat violence--Assault--Verbal threats in absence of overt act demonstrating imminent violence 4DCA 1453a
Repeat violence--Two incidents of violence or stalking--Verbal threats in absence of overt act demonstrating imminent violence 4DCA 1453a
Temporary--Bond 3DCA 1454f
Temporary--Specification of reasons 3DCA 1454f

INSURANCE

Agency--Broker's authority after issuance of policy 3DCA 1456a
Bad faith--Citizens Property Insurance Corporation--Sovereign immunity 5DCA 1468a
Binders--Conditions--Receipt of current replacement cost appraisal--Ambiguous condition 3DCA 1456a
Citizens Property Insurance Corporation--Bad faith claims--Sovereign immunity 5DCA 1468a
Commercial general liability--Landscape contractor--Exclusions--Damage to part of property on which insured is performing operations--Cutting of mangrove trees on property in violation of permit issued by Department of Environmental Protection 3DCA 1459a
Commercial general liability--Landscape contractor--Exclusions--Damage to part of property on which insured is performing operations--Trimming of mangrove trees on state property in violation of permit issued by Department of Environmental Protection 3DCA 1459a
Commercial property--Binder--Conditions--Receipt of current replacement cost appraisal--Ambiguous condition 3DCA 1456a
Commercial property--Coverage--Replacement cost--Change of coverage from replacement cost to actual cash value--Broker's authority after policy had issued 3DCA 1456a
Exclusions--Commercial general liability--Landscape contractor--Damage to part of property on which insured is performing operations--Cutting of mangrove trees on property in violation of permit issued by Department of Environmental Protection 3DCA 1459a
Exclusions--Commercial general liability--Landscape contractor--Damage to part of property on which insured is performing operations--Trimming of mangrove trees on state property in violation of permit issued by Department of Environmental Protection 3DCA 1459a
Liability--Commercial general--Landscape contractor--Exclusions--Damage to part of property on which insured is performing operations--Cutting of mangrove trees on property in violation of permit issued by Department of Environmental Protection 3DCA 1459a
Liability--Commercial general--Landscape contractor--Exclusions--Damage to part of property on which insured is performing operations--Trimming of mangrove trees on state property in violation of permit issued by Department of Environmental Protection 3DCA 1459a

JUDGES

Disqualification--Comment which could reasonably have caused party to fear that she would not receive fair trial 3DCA 1455a

JURISDICTION

Criminal case--Sentencing--Correction--Expiration of sixty-day period 2DCA 1460b

LANDLORD-TENANT

Attorney's fees--Prevailing party--Underlying judgment reversed on appeal 4DCA 1451a

MANDAMUS

Prisoners--Gain time--Challenge to Department of Corrections disciplinary order reducing gain time--Venue 4DCA 1454a
Venue--Prisoner's challenge to Department of Corrections disciplinary order reducing gain time 4DCA 1454a

PROHIBITION

Judges--Disqualification--Comment which could reasonably have caused party to fear that she would not receive fair trial 3DCA 1455a

TORTS

Appeals--Dismissal of complaint--Vacation--Denial of motion--Order of dismissal never rendered 4DCA 1445b
Defamation--Media defendants' broadcast of television documentary portraying boxing promoter's life and career in negative light--Actual malice 4DCA 1447a
Defamation--Public figures--Actual malice 4DCA 1447a
Dismissal--Vacation--Denial of motion--Appeals--Order of dismissal never rendered 4DCA 1445b
False light invasion of privacy--Media defendants' broadcast of television documentary portraying boxing promoter's life and career in negative light--Actual malice 4DCA 1447a
False light invasion of privacy--Public figures--Actual malice 4DCA 1447a
Invasion of privacy--False light--Media defendants' broadcast of television documentary portraying boxing promoter's life and career in negative light--Actual malice 4DCA 1447a

VENUE

Government agency--Home venue privilege--Prisoner's challenge to Department of Corrections disciplinary order taking away gain time 4DCA 1454a
Mandamus--Prisoner's challenge to Department of Corrections disciplinary order reducing gain time 4DCA 1454a

ZONING

Planned unit development--Amendment--Hearing--Due process--Denial of participants' request to cross-examine witnesses 5DCA 1467a