LOG IN
    SELECT A PUBLICATION:
Florida Law Weekly
FLW Supplement
FLW Federal
User Name:
Password:
 
Forgotten your password?


CONTACT
    Toll-free: 800-351-0917
    E-mail us
    Submit Opinions

PLACE AN ORDER
    Print Editions
    Online Editions
    Bound Volumes
    2/24-Hour Online Access


OUR PUBLICATIONS
    Florida Law Weekly
    FLW Supplement
    FLW Federal
    Collected Cases
    Sample FLW Online


RESEARCH
    Cross Citations
    Week In Review
    Rule Revisions
    Review Granted
    Current Issue Index
     Civil Section
     Criminal Section
    2017 Cumulative Index
     Civil Section
     Criminal Section
    2016 Cumulative Index
     Civil Section
     Criminal Section
    Florida Statutes
    Helpful Links



  
Week In Review

Headnotes of selected Florida Supreme Court and District Courts of Appeal cases filed the week of
March 20 - March 24, 2017

Civil Law Headnotes (Jump to Criminal Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
To see others not presented here, log in for more comprehensive weekly listings.

Attorney's fees -- Proposal for settlement -- Validity -- Proposals for settlement and accompanying releases were sufficiently clear and definite to allow plaintiffs to make informed decision on whether to accept the proposal -- Trial court erred in finding proposals ambiguous and unenforceable because the releases attached to the proposals contained broad language releasing individuals or entities in addition to the defendant and releasing claims or potential claims more than and broader than claims related to facts and circumstances in lawsuit -- Language used was typical of language used in general releases and was clear and unambiguous
VIEW OPINION (login required)

Dissolution of marriage -- Attorney's fees -- Inequitable conduct -- Trial court abused discretion in requiring former wife to pay former husband's attorney's fees and costs incurred in post-dissolution proceeding for modification of timesharing on basis of inequitable conduct doctrine where there was no finding that former wife acted in bad faith, and former wife's conduct did not rise to level of conduct that inequitable conduct doctrine was intended to punish
VIEW OPINION (login required)

Dissolution of marriage -- Equitable distribution -- Increase in marital portion of husband's nonmarital interest in family business -- Trial court erred in failing to include value of real property owned by business in its valuation of the business, with result that court overstated value of business because value of real property owned by business had decreased significantly -- Trial court erred by including the value of retained earnings of business and then requiring business to liquidate those retained earnings and distribute them to shareholders -- Trial court did not err by adopting wife's expert's determination of the percentage of the appreciation of business attributable to husband by multiplying husband's ownership interest in business by total appreciation during marriage -- Trial court did not abuse discretion by using wife's expert's discount for lack of marketability and control or in not including some amount for personal goodwill of husband in valuation of business -- Trial court erred by charging husband with marital assets that had been dissipated during dissolution proceedings where there was no showing of misconduct -- Alimony and child support -- Income -- In determining husband's income, trial court erred in including undistributed pass-through income from Subchapter S corporation reflected on husband's K-1
VIEW OPINION (login required)

Insurance -- Homeowners -- Appraisal -- Ordinance and law -- Where initial appraisal found that roof tiles damaged by hurricane comprised 3 percent of roof and stated that it did not appraise any allowance for the effects of law and ordinances, insured was not entitled to a second appraisal after a roofing contractor submitted a permit application to repair 30 percent of the roof which was rejected by building and zoning authority, as building code requires that not more than 25 percent of total roof can be repaired, and insured entered into contract with roofing contractor for a full roof -- Notation on appraisal award that law and ordinance was not appraised indicated that appraisal panel concluded that building code requirements did not require replacement of entire roof, and that appraisal could not be circumvented by a later finding by a roofing contractor that 30 percent of the roof needed to be replaced, necessitating replacement of the entire roof
VIEW OPINION (login required)

Limitation of actions -- Torts -- Action alleging negligence, mental and emotional child abuse, and negligent hiring, retention, or supervision brought by former private school student who, when she was a minor, was allegedly a victim of sexual abuse perpetrated by teacher on school grounds during school hours -- Trial court erred in dismissing complaint with prejudice as time-barred, where statute of limitations defense was not apparent from four corners of complaint -- Pursuant to rule 1.210 and controlling case law, because plaintiff was minor when injury occurred, statute of limitations did not begin to run until parents knew or reasonably should have known of facts supporting cause of action or when plaintiff reached age 18, and facts relating to these circumstances were not alleged in complaint -- Discussion of pertinent statutes of limitation and continued viability of case law relied upon by plaintiff in light of amendments to section 95.051
VIEW OPINION (login required)

Mortgage foreclosure -- Conditions precedent -- Notice of acceleration -- Trial court erred in entering judgment of foreclosure where evidence was insufficient to establish that notice of acceleration letter was mailed to mortgagor -- Testimony of case manager with current servicer regarding boarding process used to verify records of prior servicer was insufficient to establish that letter was actually mailed -- Fact that letter was drafted was insufficient to establish that it was mailed
VIEW OPINION (login required)

Municipal corporations -- Jurisdiction -- Class action against city alleging that city failed to review and approve or deny applications for ad valorem tax exemption pursuant to ordinance providing for tax exemptions for new and expanding businesses -- Claims were not barred by sixty-day jurisdictional non-claim statute, section 194.171(2), Florida Statutes, where city did not provide class members with a notice of denial of tax exemption in accordance with section 196.193(5), Florida Statutes, or requirements of city's ordinance -- Petition for writ of prohibition denied
VIEW OPINION (login required)

Prohibition -- Jurisdiction -- Prohibition is warranted to bar further proceedings against Governor in declaratory action by former nursing home resident seeking declaration regarding constitutionality of 2014 amendments to section 400.023 relating to actions brought by nursing home residents alleging negligence or violation of residents' rights -- Governor's general executive power, standing alone, does not render him a proper defendant in a challenge to the constitutionality of a self-executing statute -- Further, complaint did not present a justiciable controversy where plaintiff merely raised general challenge to constitutionality of statute, but failed to allege any concrete injury or how statute actually infringes on any of her rights -- Prohibition is appropriate remedy where Governor seeks to prevent trial court from proceeding in a case where it lacks subject matter jurisdiction and where no amendment to complaint would cure the jurisdictional defects of lack of a proper defendant and lack of a justiciable controversy
VIEW OPINION (login required)

Public records -- Exemptions -- Trade secrets -- Trial court properly determined that QUASR report submitted to Office of Insurance Regulation by insurance company contained data that was exempt from disclosure under public records law as trade secret -- Evidence supported finding that data possessed independent economic value to others
VIEW OPINION (login required)

Rules of Juvenile Procedure -- Rules of Appellate Procedure -- Amendments -- Ineffective assistance of counsel claims for indigent parents in termination of parental rights cases
VIEW OPINION (login required)


Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
To see others not presented here, log in for more comprehensive weekly listings.

Criminal law -- Aggravated battery with firearm -- Immunity -- Stand Your Ground law -- Trial court erred in denying immunity from prosecution to defendant where evidence presented at hearing established, without factual dispute, that defendant reasonably believed that her conduct in shooting her husband in the leg was necessary to defend herself against husband's imminent use of unlawful force
VIEW OPINION (login required)