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Week In Review

Headnotes of selected Florida Supreme Court and District Courts of Appeal cases filed the week of
August 3, 2020 - August 7, 2020

Civil Law Headnotes (Jump to Criminal Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Corporations -- Accounting -- Bill of discovery -- Foreign affiliate of domestic corporation -- Plaintiff failed to make showing required to justify compelling domestic corporation to provide accounting and respond to bill of discovery regarding records of foreign affiliate where plaintiff failed to establish that domestic corporation had regular access to records of foreign affiliate sufficient to establish domestic corporation's control of and legal right to obtain the foreign affiliate's records -- Fact that corporations are part of same extended corporate family and share same brand was not sufficient
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Dissolution of marriage -- Dependent adult support -- Jurisdiction -- Trial court erred in dismissing disabled adult child's petition seeking dependent adult support from her father on basis that circuit court, family law division was without subject matter jurisdiction because there was no provision in final judgment of dissolution of marriage that provided that child support would extend beyond age of majority, and there was no attempt, while child was still a minor, to extend child support beyond age of majority -- Florida law imposes a duty of support upon a parent for an adult dependent child who is unable to support herself because of a mental or physical incapacity that began prior to the child reaching majority -- Where father has fulfilled child support obligation as provided in judgment of dissolution, an independent action must be brought to adjudicate the father's support obligation for an adult dependent child -- Whether petition should have been assigned to family division or some other division of circuit court is immaterial to question of court's subject matter jurisdiction -- Trial court further erred in awarding attorney's fees upon finding that petition was frivolous
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Interest -- Usury -- Trial court erred in dismissing with prejudice lender's action for breach of contract for failure to make payments due under note and mortgage on ground that interest rate being charged was usurious where note, mortgage, and account statement attached to complaint demonstrated that, viewing terms of transaction at inception, there was no violation of usury laws -- Non-usurious loan did not become usurious merely because lender demanded excessive interest
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Mortgage foreclosure -- Limitation of actions -- In dismissing foreclosure action on basis that plaintiff bank failed to provide proof that defendants had defaulted within five years of commencement of action, trial court erroneously failed to view evidence in light most favorable to plaintiff, the non-moving party -- Bank representative's testimony was sufficient to support conclusion that no mortgage payments were made beyond August of 2008, and that payments have been in continuous default since that time
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Wrongful death -- Product liability -- Tobacco -- Engle progeny case -- Punitive damages -- Directed verdict -- Trial court did not err in entering directed verdict in favor of tobacco company on claims for punitive damages on plaintiff's non-intentional product liability claims where plaintiff failed to present sufficient evidence that company's misconduct was related to her product liability claims and was a substantial cause of decedent's COPD and death
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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.

No entries for this section.