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New Releases
from Florida's Circuit and County Courts

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Criminal law -- Driving under influence -- Search and seizure -- Arrest -- Actual physical control of vehicle -- Where officers observed defendant seated in driver's seat of vehicle that was stuck in ditch with engine not running, vehicle keys were not inside vehicle and were later located 6 - 12 inches away from vehicle, and there was no evidence that defendant was observed tossing any objects from vehicle or attempting to pick up any object outside vehicle, officers did not observe defendant in actual physical control of vehicle, and warrantless DUI arrest was unlawful -- Motion to suppress is granted
VIEW OPINION

Insurance -- Attorney's fees -- Proposal for settlement -- Small claims -- Defendant's motion to invoke Rules of Civil Procedure is granted -- Invocation of rule 1.442, which applies to proposals for settlement, is appropriate in order to give full effect to section 627.736(8)
VIEW OPINION

Insurance -- Personal injury protection -- Settlement agreement -- Where assignment of benefits provides that insured is responsible for all services received and promises to pay regardless of insurance payments or lawsuit settlements, settlement agreement between medical provider and insured in which provider accepted payment from insured as full and final satisfaction of outstanding balance settled any claim by provider against PIP insurer -- No merit to argument that term “outstanding balance” is ambiguous and, therefore, parol evidence should be admissible to prove that intent of parties was to settle only 20% of bills not covered by PIP benefits
VIEW OPINION

Attorney's fees -- Proposal for settlement -- Motion for enlargement of time to respond to insurer's motion for proposal for settlement beyond 30-day period provided in rule is denied
VIEW OPINION

Insurance -- Personal injury protection -- Discovery -- Medical records or Explanations of Benefits for providers other than plaintiff -- Insurer's failure to comply -- Sanctions
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonableness of charges was not at issue where insurer applied statutory fee schedule, and discovery as to reasonableness of provider's charge is irrelevant, immaterial, and not reasonably calculated to lead to discovery of admissible evidence on the sole issue before the court, which is whether policy provided sufficient notice to insured
VIEW OPINION

Insurance -- Venue -- Venue of breach of contract action against insurer that is domestic corporation is not proper in county where insurer does not maintain office and payment was not due -- Motion to transfer venue is granted
VIEW OPINION

Insurance -- Proposal for settlement -- Motion for extension of time to respond to proposal is denied
VIEW OPINION

Landlord-tenant -- Public housing -- Eviction -- Notice -- Defects -- Fifteen-day notice to vacate Section 8 subsidized public housing is defective for failing to give 30-day notice required by lease and failing to notify local public housing authority of termination of tenancy
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Provider's motion for summary judgment with respect to reasonableness, relatedness, and necessity of treatment and charge is denied -- Affidavit in support of motion failed to establish affiant's scientific, technical, or other specialized knowledge and provided insufficient facts and data to establish basis for affiant's ultimate opinion -- Further, although affiant opined on issue of reasonableness, affidavit failed to state where affiant was employed, where he was employed in the past, or the basis for his knowledge of plaintiff's billing process -- Where expert is relying primarily on experience, expert must explain how that experience leads to expert's opinion, why experience is sufficient basis for opinion, and how that experience is reliably applied to facts, which affiant failed to do
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Lawfully rendered services -- Where medical provider had medical director at time services were rendered, it is outside purview of county court to determine whether director performed his duties so as to establish that services for which PIP benefits are claimed were lawfully rendered absent prior finding from Agency for Health Care Administration that provider had violated Health Care Clinic Act -- If court has power to review compliance with Act, it determines that provider was substantially compliant
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonableness of charges -- Summary judgment -- Opposing affidavit and transcript of expert's testimony at Daubert hearing in another case filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of CT scan charges where expert's opinion lacked sufficient facts or data as to charges and reimbursement in PIP industry and failed to explain how personal experience on which expert relied leads to his opinion of unreasonableness of provider's charges, why his experience is sufficient basis for opinion, and how experience is reliably applied to facts
VIEW OPINION

Insurance -- Personal injury protection -- Lawfully rendered services -- Discovery -- Depositions -- Motion for protective order barring PIP insurer from deposing owner of medical provider regarding qualification for exemption from licensing is granted -- Lawfulness of services rendered is not issue where insurer failed to assert it as affirmative defense -- Further, although insurer may address whether provider has license or has received exemption from licensing, it does not have ability to contest whether provider meets requirements for licensing or for exemption
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Summary judgment -- Relatedness and medical necessity of services -- Insurer's pre-suit decision to pay for medical services, albeit at reduced rate, is confession that services are medically necessary, related to accident, and otherwise payable -- Reasonableness of charges -- Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of charges where affiant considered only Medicare and workers' compensation fee schedules
VIEW OPINION

Insurance -- Discovery -- Depositions -- Expert witness fee -- Treating physician is expert witness entitled to fee for deposition testimony
VIEW OPINION

Insurance -- Personal injury protection -- Evidence -- Expert witnesses -- Testimony of insurance adjuster proffered as expert witness on reasonableness of charges is excluded where adjuster is not qualified expert on issue and relied on irrelevant Medicare fee schedule and insurance company reimbursement levels in forming her opinion
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Accord and satisfaction -- Insurer's tender of check containing the language “For Full & Final Payment of PIP Benefits” and provider's depositing same did not constitute an accord and satisfaction which discharged insurer's obligation to pay additional no-fault benefits and the remaining balance owed on the medical bill submitted by provider where check did not contain conspicuous statement that it was in full satisfaction of claim -- Further, insurer did not provide any summary judgment evidence that provider's claim was “unliquidated” as required for statutory accord and satisfaction or any evidence establishing bona fide dispute between insurer and provider with respect to claim
VIEW OPINION

Landlord-tenant -- Public housing -- Eviction -- Notice -- Defects -- Notice to terminate tenancy in federally subsidized housing is fatally defective for giving less than thirty days' notice -- Complaint dismissed without leave to amend
VIEW OPINION

Insurance -- Personal injury protection -- Demand letter -- Otherwise valid demand letter is not invalidated by $5.00 miscalculation in total of medical bills
VIEW OPINION

Insurance -- Personal injury protection -- Discovery -- Depositions -- Scope of inquiry in deposition duces tecum of insurer's corporate representative -- Medical provider may inquire into method of determining usual and customary charges in community and reasonableness of provider's charges -- Insurer is required to produce entire PIP claim file and documents relating to all medical reports and bills received from provider, auto-processing of claim, damage to vehicle, and calculation of reasonable amount for services rendered and methodology used -- Insurer must also produce documents relied upon to dispute amount charged by provider, geo-zip report, and any executed agreements between insurer and any third-party auditing vendor used to adjust claim
VIEW OPINION

Insurance -- Proposal for settlement -- Motion to extend time for response to proposal is denied
VIEW OPINION

Criminal law -- Driving under influence -- Search and seizure -- Field sobriety exercises -- Where defendant consented to perform field sobriety exercises but thereafter did not consent to transport to gas station for performance of exercises and only acquiesced to trooper's instructions that he would be transported to gas station, defendant did not freely and voluntarily consent to perform exercises at gas station -- Consent to perform exercises is not required where trooper had probable cause to believe defendant was DUI -- Where it would not have been safe to conduct exercises on shoulder of interstate highway, transport to alternative location was reasonable -- Motion to suppress exercises is denied -- Evidence -- Loss or destruction by state -- Where sheriff's office did not act in bad faith in failing to preserve video of defendant at jail, and state has shown that video would not have been materially exculpatory, failure to preserve video does not rise to constitutional due process violation -- Breath test -- Independent blood test -- Where trooper advised defendant requesting independent blood test that blood test was not an option and that if it was an option it would be at defendant's expense, trooper's statements interfered with defendant's opportunity to obtain independent blood test -- Implied consent -- Where trooper's statements about consequences of refusing breath test caused defendant to wrongfully assume that he must take breath test to avoid one-year driver's license suspension without possibility of hardship license, consent for breath test was not freely and voluntarily given -- Motion to suppress breath test results is granted
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Declaratory judgment -- Motion to dismiss count of amended complaint seeking declaratory judgment as to whether insurance policy clearly and unambiguously notified insureds of insurer's election of a single method of calculating PIP benefits and whether insurance policy unlawfully elected to rely on Medicare Multiple Procedure Payment Reduction in violation is denied
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- PIP policy that includes fact-dependent factors and permissive statutory fee schedules in definition of reasonable charge impermissibly commingles payment methodologies and does not provide clear and unambiguous notice of intent to limit reimbursement to fee schedule -- Neither approval of policy language by Office of Insurance Regulation nor incorporation of OIR sample language in policy rises to level of per se compliance with notice requirements
VIEW OPINION

Consumer law -- Real Estate Settlement Procedures Act -- Jurisdiction -- Action by borrower against mortgage servicer for violating RESPA by failing to respond to borrower's request for information may be brought only in court for state in which property is located or state in which violation occurred, which is state in which servicer is located and to which borrower sent request for information -- Florida court lacks jurisdiction to hear RESPA claim against servicer located in Iowa regarding property located in Ohio
VIEW OPINION

Insurance -- Personal injury protection -- Attorney's fees -- Declaratory action -- Recovery of attorney's fees under section 627.428 is not limited to cases in which plaintiff recovers insurance benefits -- Attorney's fees are available to medical provider in declaratory action seeking determination of whether insurer's policy properly incorporates permissive statutory fee schedule -- Request to strike demand for attorney's fees is premature where court has not yet rendered judgment or decree
VIEW OPINION

Insurance -- Personal injury protection -- Attorney's fees -- Declaratory action -- Recovery of attorney's fees under section 627.428 is not limited to cases in which plaintiff recovers insurance benefits -- Attorney's fees are available to medical provider in declaratory action seeking determination of whether insurer's policy properly incorporates permissive statutory fee schedule -- Request to strike demand for attorney's fees is premature where court has not yet rendered judgment or decree
VIEW OPINION

Insurance -- Personal injury protection -- Proposal for settlement -- Defendant in action for declaratory relief was entitled to submit proposal for settlement, although claim raised was equitable on its face, where affirmative answer to either of the questions raised in complaint had no independent value separate and apart from serving as precursor for plaintiff to establish that defendant breached insurance contract by underpaying PIP benefits -- Motion to strike offer of judgment is denied -- Motion for enlargement of time to respond to proposal for settlement until after plaintiff takes deposition of defendant's PIP litigation adjuster is denied -- Although plaintiff timely filed request for enlargement of time before 30-day period for acceptance expired, it did not file notice of hearing until well after 30-day period expired -- Filing of rule 1.090(b) motion to enlarge time to accept proposal for settlement does not automatically toll 30-day period for accepting that proposal until motion to enlarge is decided
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- “Special Report” is not service reimbursable under policy or No Fault Law -- Further, insurer is not liable for payment for conclusory report not signed by health care provider
VIEW OPINION

Landlord-tenant -- Public housing -- Eviction -- Non-compliance with settlement agreement -- Request for final judgment filed by landlord alleging that tenant failed to comply with settlement reached in prior eviction action by failing to register overnight guests in advance -- Evidence -- Where landlord failed to comply with court order to provide tenant with complete copy of video on which landlord relied to show tenant's breach of agreement and provided only selected video clips, court excludes video clips from evidence and strikes any testimony referring to or relying on video -- Waiver -- Landlord waived right to evict tenant by accepting rent after it was aware of noncompliance with agreement and failing to deposit rent into court registry
VIEW OPINION

Insurance -- Personal injury protection -- Arbitration -- Where parties did not request trial de novo within deadline for such request, trial court must enter judgment in accordance with arbitrator's decision despite insurer's claim that its failure to timely request trial de novo was result of mistake or inadvertence
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Deductible -- Insurer improperly applied fee schedule reductions to medical provider's charges prior to applying deductible to charges -- Insurer should have applied deductible to total charges billed
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- PIP policy does not provide unambiguous notice of intent to limit reimbursement to Medicare fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonableness of charges -- Summary judgment -- Medical provider established prima facie showing of reasonableness of MRI charges through affidavit of provider's owner, publications, and geozip report -- Reasonableness of charges is undisputed where insurer withdrew affidavit of its expert and offered no other evidence on issue -- Insurer cannot challenge medical necessity and relatedness of services where insurer made partial payment for services and did not assert lack of relatedness and necessity as affirmative defense -- Section 627.736(4)(b), which provides that insurer may assert that claim was unrelated or not medically necessary at any time, does not allow insurer to challenge relatedness and necessity where there is no record evidence of insurer having made any such assertion in case
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Where medical provider could have billed service as HCPCS code that is reimbursable under Medicare fee schedule but instead chose to bill service as CPT code that is not reimbursable under Medicare fee schedule, insurer correctly reimbursed code as billed pursuant to workers' compensation fee schedule
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Deductible -- Insurer improperly applied fee schedule reductions to medical provider's charges prior to applying deductible to charges -- Insurer should have applied deductible to total charges billed
VIEW OPINION

Insurance -- Personal injury protection -- Coverage -- Deductible -- Insurer improperly applied fee schedule reductions to medical provider's charges prior to applying deductible to charges -- Insurer should have applied deductible to 100% of expenses
VIEW OPINION

Mobile home parks -- Eviction -- Mobile home park's acceptance of rent from successor to lot tenant created rental agreement with successor tenant and waived right to evict successor tenant -- Park breached rental agreement with successor tenant and failed to act in good faith by refusing to accept his rent payments and alleging that increased rent of which successor tenant had no notice was due -- Where park refused successor tenant's offer to return two money orders for rent that park had previously returned to tenant, based on concern that money orders may have diminished in value during litigation, trial court finds that any diminished value is attributable to park's actions and orders successor tenant to redeem money orders and pay proceeds to park
VIEW OPINION

Real property -- Declaratory judgments -- Right to use of roadway -- Standing -- Action for declaratory judgment, trespass to real property rights, and civil conspiracy seeking to prevent defendant from maintaining private gate on his own property because the gate purportedly blocks a “prescriptive public road” -- Plaintiffs have no standing to bring action where they had not alleged any special injury differing in degree and kind from damages that would be suffered by whole community if an actual public road were obstructed -- Amended complaint dismissed with prejudice
VIEW OPINION

Insurance -- Homeowners -- Discovery -- Work product -- Objection to production of entire file that was compiled by forensic engineer hired by insurer to inspect homeowners' damaged roof and used to prepare report relied upon by insurer in denying claim is denied -- In camera inspection does not manifestly reveal that documents were prepared in anticipation of litigation
VIEW OPINION

Criminal law -- Speedy trial -- Where defendant was involved in continuous high-speed chase that spanned Bay County and Calhoun County, with no temporal break between acts that occurred in two counties, and conduct serving as basis for charges in both counties was substantially same, speedy trial period for charges in both counties began to run when defendant was arrested in Calhoun County -- Defendant is entitled to speedy trial discharge on Bay County charges where state failed to file information on those charges within 175 days of Calhoun County arrest
VIEW OPINION

Eminent domain -- Attorney's fees -- Supplemental proceedings -- Property owner is entitled to compensation from Department of Transportation/condemnor for attorney's fees incurred in proceeding on apportionment claim made by property owner's lender against funds awarded in taking and in defense against variance applications sought by DOT -- Costs -- Property owner is also entitled to reimbursement of reasonable fees charged by its real estate appraisal expert
VIEW OPINION

Attorney's fees -- Contracts -- Defendants' motion for attorney's fees in action in which court found no breach of contract regarding conveyance of business trade name to plaintiffs, which name defendants had assigned to third party ten years prior to purported conveyance, due to contract being equated to standard quit-claim deed; found that defendants made fraudulent misrepresentations regarding ownership of business name and awarded plaintiffs damages for defendants' unconscionable conduct; found that Florida Deceptive and Unfair Trade Practices Act was not broad enough to cover that unconscionable conduct; and, ruling on counterclaims, found that defendants were entitled to payment on promissory note and foreclosure of security interest -- Defendants are not entitled to recover fees under attorney's fees provision in contract where provision makes recovery of fees conditional on occurrence of breach of contract, and trial court found no breach of contract -- Fact that appellate court found that defendants are entitled to award of appellate attorney's fees under contract does not constitute law of case establishing entitlement to fees under contract at trial level -- Defendants were not prevailing parties on breach of contract count where majority of case was directed to issue of plaintiffs' claim of fraud by defendants, on which plaintiffs prevailed; the only reason plaintiffs did not recover on breach of contract count was due to interpretation of contract language as quit-claim deed; and plaintiffs succeeded in recovering significant damages under alternative theory of recovery -- Further, award of prevailing party attorney's fees to defendants whose conduct caused failure of contract would be unjust -- It would also be unjust to award attorney's fees to defendants under FDUTPA where defendants intentionally defrauded plaintiffs and only prevailed on FDUTPA claim due to limited scope of Act -- Under language of promissory note, defendants are entitled to award of fees for successful prosecution of their counterclaim on promissory note and security agreement and are awarded fees for 20 hours of time allocated to counterclaim -- Appellate fees awarded are limited to hours exclusively spent on appeal of breach of contract issue
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Driving with unlawful blood alcohol level -- Lawfulness of detention and arrest -- Off-duty officer did not need reasonable suspicion to approach irregularly parked vehicle and knock on window -- Officer had authority to open vehicle door under community caretaker doctrine where licensee's unresponsiveness and repeated failed attempts to open door provided basis to believe that licensee may have been in distress or in need of medical attention -- Subsequent detention that occurred when officer handcuffed licensee and removed keys from ignition was lawful where officer had reasonable suspicion based on licensee's disoriented conduct, bloodshot eyes, strong odor of alcohol and licensee's consumption of alcohol in presence of officer -- Responding DUI officer had probable cause to arrest licensee for DUI where licensee was unable to stand without assistance, reeked of alcohol, mumbled and slurred his words and admitted to drinking heavily all day -- Breath test -- Substantial compliance with administrative rules -- Inspector's permit -- No merit to argument that 2001 and 2002 amendments to administrative rule establishing requirements for agency inspectors to obtain and maintain valid permits required agency inspector holding permit issued under former rule to take inspection course anew, rather than merely taking renewal courses, where amended rule contained grandfather clauses that allowed permits issued under former rule to remain valid until they expired or otherwise became invalid
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Driving with unlawful blood alcohol level -- Breath test -- Substantial compliance with administrative rules -- Inspector's permit -- No merit to argument that 2001 and 2002 amendments to administrative rule establishing requirements for agency inspectors to obtain and maintain valid permits required agency inspector holding permit issued under former rule to take inspection course anew, rather than merely taking renewal courses, where amended rule contained grandfather clauses that allowed permits issued under former rule to remain valid until they expired or otherwise became invalid
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Early reinstatement -- Denial -- Certiorari challenge to order denying early reinstatement to licensee who received two speeding citations after having her license suspended for accumulating 12 points in 12 months is denied
VIEW OPINION

Counties -- Zoning -- Variances -- Telecommunication tower -- Challenges to constitutionality of county code section establishing standard for granting variances is properly brought in declaratory action, not petition for writ of certiorari -- Where only variance criterion raised in petitioners' prior successful certiorari challenge to order granting setback variance for construction of telecommunications tower was unnecessary hardship criterion, board hearing following remand was correctly limited to consideration of that single criterion -- Board erred in finding that unnecessary hardship criterion was met by evidence that homeowners are allowed to build homes within short distance of property lines but tower is not allowed to be built within same short distance, that construction of tower in area that meets setback requirements might prevent future expansion by church on site or that variance would render project more aesthetically pleasing
VIEW OPINION

Mobile home parks -- Foreclosure -- Appeal by buyer of foreclosed mobile home from order denying motion to vacate foreclosure sale final judgment on ground that judgment wrongly awarded real property on which mobile home was located to mobile home park and provided for judicial sale of only mobile home -- Trial court did not err in denying motion to vacate final judgment pursuant to rule 1.540(b) where motion did not seek relief on grounds recognized by rule but, rather, sought relief on ground that trial court made error of law in allowing sale of only foreclosed mobile home when leasehold interest in real property on which mobile home was located was also at issue -- Because trial court's denial of motion to vacate was not in error, trial court also did not err in granting park's motion for removal of mobile home
VIEW OPINION

Licensing -- Driver's license -- Hardship license -- Denial of hardship license on ground that licensee continued to drive despite having revoked license -- Circuit court acting in its appellate capacity cannot reweigh evidence of alleged exigent circumstances which justified driving while license was revoked
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Driving under influence -- Evidence -- Licensee was not deprived of due process by failure to admit his driver's license into record at formal review hearing where licensee never contested his identity as person who was arrested and submitted to breath test -- Further, licensee has shown no prejudice from omission of his license from record where his license number was contained in other documents admitted into record -- Breath test -- Substantial compliance with administrative rules -- Inspector's permit -- Under rules applicable at time of licensee's breath test, permit of agency inspector who failed to take renewal course by June 30 following four-year permit anniversary became inactive until inspector took renewal course -- Because challenged breath test was performed after inspector completed renewal course and held valid inspector's permit, hearing officer did not err in concluding that breath test results were valid
VIEW OPINION

Licensing -- Driver's license -- Suspension -- Refusal to submit to breath test -- Confusion doctrine -- Hearing officer did not err in finding that confusion doctrine did not excuse licensee's refusal to submit to breath test where Miranda warnings were not given contemporaneously with implied consent warnings, and licensee did not make his confusion known to arresting officer -- Lawfulness of seizure and detention -- Officer acting outside of jurisdiction -- No merit to argument that law enforcement did not have authority to seize and detain licensee in private “pay to park” lot where licensee entered lot by crashing through barricades and onto lot from public roadway, and investigation did not pertain only to alleged DUI, but also concerned possible felony offense of aggravated assault
VIEW OPINION

Criminal law -- Leaving scene of accident -- Double jeopardy -- Where trial court orally found in open court in non-jury trial that defendant was not guilty because state failed to prove beyond reasonable doubt that defendant committed the charged offense, double jeopardy violation arose when trial court thereafter stated that he found the defendant guilty -- Remand with directions to discharge defendant
VIEW OPINION

Liens -- Homeowners associations -- Assessment lien -- Foreclosure -- Trial court erred in entering final summary judgment in favor of homeowners association where genuine issue of material fact remained as to whether association provided adequate notice before filing suit
VIEW OPINION

Criminal law -- Counseel -- Ineffectiveness -- Post conviction relief -- Error to summarily deny rule 3.850 motion without attaching portions of files or records conclusively refuting claims and without affording defendant at least one opportunity to amend any facially insufficient claims
VIEW OPINION

Criminal law -- Appeals -- Jurisdiction -- Nolo contendere plea -- Non-dispositive suppression order -- Where order denying motion to suppress defendant's confession was not dispositive in that state could have proceeded with prosecution even in absence of confession, appellate court is without jurisdiction to entertain appeal of defendant who resolved case by plea after motion was denied -- No merit to argument that defendant's misunderstanding of his appeal rights renders plea involuntary and entitles defendant to appeal where there is no evidence that defendant's misunderstanding was caused by trial court or counsel, and claim of involuntary plea was not preserved by motion to withdraw plea made before trial court
VIEW OPINION

Criminal law -- Defendant was afforded due process of law when trial judge in non-jury trial announced finding of guilt on the heels of the close of evidence, but after being alerted to failure to provide parties the opportunity to present closing arguments, receded from verdict and allowed both sides to make presentations
VIEW OPINION

Attorney's fees -- Torts -- Defamation -- Condominiums -- Trial court erred in awarding attorney's fees to prevailing condominium association in defamation action brought against association by invitee of unit owner -- Neither section 718.303(1) nor Declaration of Condominium, alone or together, entitles association to award of fees where plaintiff is non-party to Declaration, and attorney's fees provision in Declaration applies only to proceedings relating to enforcement of rules and regulations of condominium, not defamation action
VIEW OPINION

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