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Research Associates, Inc. |
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Sign up for free e-mail alerts of Florida appellate decisions, within hours of filing. |
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January 11, 2021 - January 15, 2021
Civil Law Headnotes (Jump to Criminal Law Headnotes)
THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
Appeals -- Stay -- Automatic bankruptcy stay -- Court recedes from court's prior decision in Shop in the Grove, Ltd. v. United Federal Savings and Loan Ass'n of Miami, which held that bankruptcy automatic stay provision is inapplicable in appellate court where the debtor, who is the defendant below and has filed for federal bankruptcy protection, is the appellant
Dissolution of marriage -- Child custody -- Trial court abused its discretion by adopting magistrate's recommendation that parties share parental responsibility but that former husband be awarded ultimate decision-making authority -- Award of ultimate decision-making to former husband is inconsistent with award of shared parental responsibility -- Trial court also abused discretion by adopting recommended time-sharing schedule that did not include holiday time-sharing for former wife
Insurance -- Discovery -- Personal financial records of non-party -- Trial court departed from essential requirements of law in ordering insured's appraiser to produce personal financial records which are irrelevant to proceedings
Insurance -- Homeowners -- Discovery -- Work product privilege -- Trial court departed from essential requirements of law in ordering disclosure of materials prepared and photographs taken by insurer's adjuster
Torts -- Civil conspiracy -- Jurisdiction -- Non-residents -- Trial court erred in denying non-resident's motion to dismiss civil conspiracy action against him -- Jurisdiction over non-resident was not established on basis that non-resident was engaged in civil conspiracy with residents of Florida to commit a tort in Florida where general allegations were not sufficiently specific to establish a claim for civil conspiracy -- Jurisdiction over non-resident was not established on basis of alter-ego theory where allegations were insufficient to pierce corporate veil of corporation which was resident of Florida and insufficient to establish jurisdiction over non-resident under alter-ego theory -- Remand with instructions to dismiss complaint with leave to amend
Torts -- Premises liability -- Action against general contractor on construction project by employee of subcontractor who was injured when he stepped into an uncovered drain on the construction project -- Error to enter summary judgment for defendant on basis that defendant had no duty to warn plaintiff of open and obvious danger -- Further, even if danger was open and obvious, defendant still had duty to maintain premises in reasonably safe condition, and defendant failed to establish that it should not have anticipated the potential harm to plaintiff as a result of the uncovered drain notwithstanding his knowledge of the danger Criminal Law Headnotes (Jump to Civil Law Headnotes)
THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK. No Criminal Law Headnotes selected for this week. |