Highlights of Recent Cases from the Florida Supreme Court & Florida District Courts of Appeal
CREDITORS' RIGHTS--SUPPLEMENTARY PROCEEDINGS--EXECUTION ON JUDGMENT. The trial court did not abuse its discretion quashing a notice of a sheriff's sale of a judgment debtor's chose in action where the chose in action was a breach of contract action against the judgment creditor. (Fla. 4DCA) D2317a
MAGNUSON-MOSS WARRANTY ACT. The lessee of an automobile failed to state a cause of action against the manufacturer for breach of limited express warranty. The standards and remedies applicable to full warranties do not apply in the case of limited warranties. Neither did the lessee state a cause of action for breach of an implied warranty where there was no showing of privity of contract between the lessee and the manufacturer. (Fla. 3DCA) D2325a
BEACH AND SHORE PRESERVATION ACT--CONSTITUTIONALITY. On its face, the Beach and Shore Preservation Act does not unconstitutionally deprive upland owners of littoral rights without just compensation. (Fla. S.Ct.) S761a
TORTS--ASSIGNMENT--INSURANCE. A settlement agreement that assigns causes of action against a third-party insurer and releases the insured on those same causes of action is valid. An insured's claims for breach of fiduciary duty and negligence against an insurance broker are assignable. (Fla. S.Ct.) S770a
CRIMINAL LAW--MIRANDA WARNING. A Miranda warning is deficient where the defendant is not expressly informed that he has the right to have an attorney present during custodial questioning. (Fla. S.Ct.) S778a
SEARCH AND SEIZURE. A warrantless dog sniff of the exterior door of an apartment does not violate the Fourth Amendment. Reported at 33 Fla. L. Weekly D2291a.
CRIMINAL LAW -- ATTORNEY'S FEES -- CAPITAL COLLATERAL PROCEEDINGS. In appropriate cases, courts have inherent authority to grant compensation in excess of the statutory fee schedule provided in section 27.711, and attorneys may not be removed from the registry for requesting such compensation in those cases. Reported at 33 Fla. L. Weekly S694a.
WORKERS' COMPENSATION. A judge of compensation claims has jurisdiction to vacate a settlement agreement in a workers' compensation case. Reported at 33 Fla. L. Weekly S707a.
ELECTIONS -- INITIATIVE PETITION -- CONSTITUTIONAL AMENDMENT. The financial statement for a proposed constitutional amendment to require a referendum prior to the adoption of a comprehensive land use plan was found to be misleading. Reported at 33 Fla. L. Weekly S692a.
INSURANCE--PERSONAL INJURY PROTECTION--BAD FAITH. An insurer was entitled to judgment in its favor on an insured's claim for bad faith damages where the insured offered no evidence on which to justify any amount of economic damages resulting from carrier's bad faith conduct. Reported at 33 Fla. L. Weekly D2283a.
CRIMINAL LAW--IDENTIFICATION EVIDENCE. The exclusionary rule does not apply so as to require exclusion of identification evidence where there was a suggestive procedure employed by a private citizen without assistance or encouragement by the state. Reported at 33 Fla. L. Weekly D2270a.
ADMINISTRATIVE LAW--COMPREHENSIVE DEVELOPMENT PLANS. Consideration of private property rights is part of the goals and policies of a comprehensive development plan, and an administrative law judge has subject matter jurisdiction to consider private property rights when evaluating the plan for compliance determination. Reported at 33 Fla. L. Weekly D2265a.
WORKERS' COMPENSATION--ONE-TIME CHANGE IN PHYSICIAN. The judge of compensation claims erred in denying a one-time change of physician on the ground that the claimant presented no evidence to rebut her initial treating physician's opinion that claimant's compensable injury was no longer the major contributing cause of claimant's need for treatment and on ground that the statutory provision does not allow for a one-time change in physician for the purpose of establishing a causal connection between a compensable injury and the continued need for treatment. Reported at 33 Fla. L. Weekly D2254a.
TAXATION--SALES, USE AND OTHER TRANSACTIONS. The Department of Revenue did not have authority to assess taxes on the total amount a lessor billed as base rent on its medical center facility where, under the parties' contractual agreement, the base rent encompassed both payments taxable as total rent and payments not subject to tax. Reported at 33 Fla. L. Weekly D2252a.
WORKERS' COMPENSATION--ONE-TIME CHANGE IN PHYSICIAN. Claimant's request for change in authorized physician was made during course of treatment, as required by statute, where claimant had begun treatment with an authorized physician who had evaluated claimant and rendered a diagnosis during the course of that treatment, notwithstanding initial physician's discharge of claimant from treatment and claimant's delay of nearly a year before seeking additional treatment. Reported at 33 Fla. L. Weekly D2251f.
CARRYING CONCEALED FIREARM. An unloaded firearm wedged between the two front seats of a vehicle was not "readily accessible for immediate use" where the ammunition was stored inside the closed center console of the vehicle. Reported at 33 Fla. L. Weekly D2231b.
