Wrongful death of nonviable fetus, bone marrow sales, speedy trial, and corned beef and cabbage with fresh thyme and parsnips

Insurance -- Homeowners -- Appraisal -- Trial court erred in granting insured's motion to compel appraisal without conducting an evidentiary hearing where there was an issue of fact as to whether insured had complied with post-loss obligations

UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, vs. JOSE CONCEPCION, Appellee. 3rd District.

Insurance -- Homeowners -- Attorney's fees -- Prevailing party -- Error to deny insureds' motion for attorney's fees pursuant to section 627.428 where insurer's payments made after suit was filed were tantamount to confessions of judgment entitling the insureds to attorney's fees, and lawsuit served a legitimate purpose because it motivated the insurer to pay not only the amount of the appraisal award, but additional living expenses incurred as well

JESUS BARRETO and DANIA BARRETO, Appellants, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee. 4th District.

 Wrongful Death: ALABAMA HIGH COURT SAYS MOM CAN SUE DOCS FOR DEATH OF NON-VIABLE FETUS, Hamilton v. Scott, 7 No. 20 Westlaw Journal Medical Malpractice 1, Westlaw Journal Medical Malpractice March 2, 2012

An Alabama woman can continue to pursue wrongful-death claims against doctors for the stillbirth of her non-viable fetus because state law provides a cause of action for the death of an unborn child, the state's highest court has ruled. The Alabama Supreme Court unanimously reversed a lower court's grant of summary judgment to the doctors.

Federal Tort Claims Act: SCHOOL NURSE'S VAGINAL EXAM OF STUDENT NOT MALPRACTICE, JUDGE SAYS, K.R. v. United States, 7 No. 20 Westlaw Journal Medical Malpractice 5, Westlaw Journal Medical Malpractice March 2, 2012

A nurse at a Brooklyn public school did not act inappropriately when she visually examined a 7-year-old student's vagina because she complained of groin pain, a federal judge in Manhattan has ruled. U.S. District Judge William F. Kuntz II of the Eastern District of New York said the government is not liable for medical malpractice claims brought by the girl's mother.Evidence shows that the mother provided written consent for "complete medical care" at the school.

Legislation: FLORIDA HOUSE OKS DOC-TO-DOC INTERVIEWS, 7 No. 20 Westlaw Journal Medical Malpractice 6, Westlaw Journal Medical Malpractice March 2, 2012

Three panels in the Florida House of Representatives have approved a bill that would allow a prospective defendant in a medical negligence lawsuit to privately interview other health care providers who treated the patient before a suit is filed. House Bill 385 is one of several proposed measures in the Republican- controlled Florida Legislature that aims to reduce malpractice liability for physicians. The House Government Operations Appropriations Subcommittee voted 8-3 Feb. 13 to approve.

Legislation: KENTUCKY SENATE OKS PRE-SCREENING FOR PERSONAL CARE HOMES, 7 No. 20 Westlaw Journal Medical Malpractice 7, Westlaw Journal Medical Malpractice March 2, 2012

A panel of Kentucky state senators has approved a bill that would require prospective residents of personal care homes to receive medical screenings prior to admission. The proposed legislation aims to better determine if a person is suitable for a personal care home, where residents receive only limited assistance with daily living skills, or if the individual requires more intensive skilled nursing care. Senate Bill 115, introduced Jan. 24.

Medical Device: JUDGE: NO PROOF BRONCHOSCOPE CAUSED FATAL INFECTION, Young v. Olympus Am., 7 No. 20 Westlaw Journal Medical Malpractice 8, Westlaw Journal Medical Malpractice March 2, 2012

A federal judge has granted summary judgment to a bronchoscope manufacturer in a product liability suit after a Tennessee woman could not show the device used on her late husband prior to his death was defective when it went to market. U.S. District Judge S. Thomas Anderson of the Western District of Tennessee found there was no way to determine which of two bronchoscopes in use at the hospital where the man was treated in early 2001 had been used on him or if either was actually defective at the time.

National Organ Transplant Act: GOVERNMENT CALLS ON 9TH CIRCUIT TO RESTORE BAN ON BONE MARROW SALES, Flynn v. Holder, 7 No. 20 Westlaw Journal Medical Malpractice 9, Westlaw Journal Medical Malpractice March 2, 2012

The 9th U.S. Circuit Court of Appeals should reconsider a ruling that allows people to be paid for donating bone marrow, the Obama administration has argued. The government asked the full court to overturn a panel's ruling that said a federal ban on compensation for organ donation does not extend to bone marrow transplants.The unanimous three-judge panel for the appellate court said in December that new technologies make donating bone marrow no more invasive than donating blood plasma.

Criminal law -- Sexually violent predators -- Civil commitment under Jimmy Ryce Act -- Appeals -- Claim that limit on continuances in section 394.916(2) is jurisdictional and because defendant was not brought to trial within 150 days of probable cause hearing, trial court lost subject matter jurisdiction -- Provision on continuances is not jurisdictional -- Moreover, defendant twice waived his right to trial within 30 days of probable cause determination, and much of the delay in proceedings was attributable to him

JOSEPH FRANTZIS, Appellant, v. STATE OF FLORIDA, Appellee. 1st District.

Criminal law -- Speedy trial -- Where state had charged defendant with fleeing to elude, it was error to allow state to file amended information charging defendant with new offense of fleeing to elude with high speed or wanton disregard of persons or property after speedy trial period had ended -- Record does not support contention that defendant waived speedy trial by accepting a trial date outside speedy trial period -- Although acceptance of a trial date outside speedy trial period constitutes a waiver of speedy trial, mere silence by defendant when the trial date is set does not waive speedy trial

THOMAS ALEX WHITEHALL, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District.

Criminal law -- Trafficking in oxycodone -- Prescription defense -- Error to deny motion to dismiss where state's traverse disputed interpretation of the law rather than factual issue of whether defendant had a valid prescription -- Argument that defendant's prescription was not valid because it was fraudulently obtained in violation of “doctor shopping statute” is rejected -- Remand to vacate conviction for trafficking in oxycodone

NAOMI GONZALEZ, Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

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Non-final orders, jurisdiction, and fresh pasta with tomatoes, rosemary and braised kale with garlic

Appeals -- Non-final orders -- Jurisdiction -- Interlocutory order that merely gives trial court's opinion of the percentage of ownership in corporation held by three persons is not appealable under rule of appellate procedure that allows for review of non-final orders that determine the right to immediate possession of property, since the order on appeal does not order any disbursement of funds or determine any right to immediate possession of property -- Appeal dismissed for lack of jurisdiction

DAVID J. HIGGINS, Appellant, vs. DAVID J. RYAN, ET AL., Appellees. 3rd District.

Attorney's fees -- Unjust enrichment -- Plaintiff attorneys recruited by defendant attorneys to handle health care provider claims against insurance company -- Action arising out of defendants' conduct in engineering a secret multimillion dollar settlement of all clients' claims, which resulted in defendants receiving millions in attorney's fees and plaintiffs receiving just over four thousand dollars -- Unjust enrichment claim was not barred by an express contract where there was no contract addressing how proceeds of a settlement of the type engineered by defendants were to be allocated -- Because trial court calculated damages separately as to each defendant, there was no legal basis for a set-off from the pre-trial settlement involving another defendant law firm, which was not a party to this appeal -- Trial court did not abuse its discretion in admitting expert testimony on the value of defendants' services over defendants' objections of surprise and lack of foundation where expert's opinions were disclosed in interrogatories and testimony was founded upon factually-based chain of underlying reasoning regarding the nature of the work at issue -- In light of trial court's finding that plaintiffs were 50% responsible for result achieved, trial court's measure of damages was consistent with law of unjust enrichment

CHARLES J. KANE, HARLEY N. KANE and KANE & KANE, a professional corporation, Appellants, v. STEWART TILGHMAN FOX & BIANCHI, P.A., a professional association, WILLIAM C. HEARON, P.A., a professional association, and TODD S. STEWART, P.A., a professional association, MARKS & FLEISCHER, P.A., a professional association, GARY MARKS, AMIR FLEISCHER, LAURA M. WATSON, P.A. d/b/a WATSON & LENTNER, LAURA M. WATSON and DARIN J. LENTNER, Appellees. 4th District.

Contracts -- Condominium sale -- Action against seller alleging breach of contract for failure to deliver completed condominium unit within two-year period specified by contract and seeking return of security deposit, with defendant asserting counterclaim for breach by buyer and various affirmative defenses -- Prior order which was styled as an order granting plaintiff's motion for summary judgment and which also entered judgment in favor of plaintiffs and required defendant to pay a sum certain was a final judgment -- Once that judgment was affirmed on appeal, trial court had no authority to enter a second final judgment where that second final judgment was not entered pursuant to either Rule 1.530 or Rule 1.540

HARBOR COMMUNITIES, LLC, Appellant, v. JOHN JEFFREY JERUE and LAURETTE JERUE, Appellees. 4th District.

Civil rights -- Arrest -- Excessive force -- Arresting officers who repeatedly used their tasers in an attempt to subdue and arrest struggling suspect who died shortly thereafter while being transported to jail are entitled to qualified immunity on excessive force claims where officers' conduct does not rise to level of “obvious clarity,” which would require all reasonable officers to inevitably conclude that force used was unlawful, given severity of crime committed, threat posed, level of resistance and balance of interests -- Torts -- Assault -- Battery -- Arresting officers are entitled to official immunity under Georgia law on assault and battery claims where their actions of employing tasers during a struggle to arrest decedent, who refused to let his arms be brought together and handcuffed, were undisputedly discretionary and no reasonable jury could find that officers acted with actual malice by using their tasers with deliberate intent to do wrong -- Negligence -- Officer could not be held liable under Georgia law for any negligence-based claim, or wrongful death claim premised on negligence, resulting from performance of discretionary acts

MARTHA HOYT, Individually, and as Administrator of the Estate of James Christopher Allen, JAMES ALLEN, Plaintiffs-Appellees, v. BERNARD COOKS, In his individual capacity, RANDY T. HARKLEROAD, In his individual capacity, Defendants-Appellants. 11th Circuit.

Dissolution of marriage -- Attorney's fees -- Need and ability to pay -- Trial court erred in failing to make finding regarding wife's need and husband's ability to pay wife's temporary attorney fees -- Order is also deficient where trial court failed to make required findings regarding the reasonableness of wife's attorney's hourly rate and the number of hours expended

GEORGE A. ROUTH, Appellant, v. SARAH L. THOMPSON, and JAMIE ROUTH COX, individually, and as trustee, Appellees. 2nd District.

Estates -- Personal representative -- Appointment -- Circuit court abused its discretion in appointing decedent's mother as personal representative over decedent's surviving spouse -- While the circuit court has discretion to appoint someone other than the statutorily preferred individual if the record shows that the preferred person is not fit to serve as personal representative, decedent's mother produced no witnesses or evidence at the hearing to show that surviving spouse was disqualified from serving

GEORGE M. BOWDOIN, Individually, and as natural guardian and next friend of BRITNEY BOWDOIN, Appellant, v. MARY L. RINNIER, Appellee. 2nd District.

Dissolution of marriage -- Marital home -- Where former wife was awarded exclusive possession of marital home, and former husband was awarded one-half equity in home, with former husband to be paid his half of the equity upon refinancing or sale of the home, it was error to fail to set a deadline for refinancing or sale of the home -- Alimony -- Where marriage was a long-term marriage of thirty years, and evidence supported former husband's need, court abused discretion in failing to award at least nominal alimony to husband -- Attorney's fees -- Where former husband requested attorney's fees in his pleadings and at final hearing, it was error for court to fail to address issue of attorney's fees or to reserve jurisdiction to award attorney's fees

ROBERT C. GULLEDGE, Appellant, v. ROBYN GULLEDGE, Appellee. 2nd District.

Paternity -- Child support -- Error to award child support where mother had not filed financial affidavit -- Rule does not allow a party to waive the filing of a financial affidavit -- Award of child support without filing of financial affidavit was not harmless error

ARI PALEWSKY, Appellant, vs. FLORIDA DEPARTMENT OF REVENUE, ON BEHALF OF RACHEL MILLER, Appellee. 3rd District.

Dissolution of marriage -- Rehabilitative alimony -- Modification -- Jurisdiction -- Circuit court had jurisdiction over petition seeking to convert rehabilitative alimony to permanent alimony and to increase the amount of award -- Error to dismiss petition for lack of subject matter jurisdiction

PHYLLIS WALKER, Appellant, v. DANIEL A. WALKER, Appellee. 4th District.

Dissolution of marriage -- Attorney's fees -- Wife's failure to accept reasonable settlement offer, in absence of vexatious conduct or bad faith litigation, does not justify award of fees to husband under Chapter 61 -- Error to award husband attorney's fees incurred after wife's rejection of settlement offer -- No abuse of discretion in denying portion of wife's attorney's fees on basis that she unreasonably refused favorable settlement offer, as trial court is permitted to consider results obtained in determining a section 61.16 attorney's fees award

JAMILETTE HALLAC, Appellant, v. JEFFREY HALLAC, Appellee. 4th District.

Paternity -- Child support -- Arrearages -- Error to fail to give father credit for child support payments -- Error to award father IRS income tax exemption in odd-numbered calendar years without indicating that mother, the custodial parent, is required to execute a waiver of the dependency exemption only if father is current in support payments

RICHARD WILLIAMS, Appellant, v. LAUREN LUTRARIO, Appellee. 4th District.

Civil procedure -- Error to deny motion to vacate order dismissing case after plaintiff failed to appear at a status conference of which he had no notice

KESNER TOULOUTE, Appellant, v. CITY OF FORT LAUDERDALE, Appellee. 4th District.

Mortgage foreclosure -- No abuse of discretion in ordering sequestration of rents -- Lack of standing is affirmative defense to foreclosure, and trial court should refrain from conclusively ruling on affirmative defenses in ruling on motion to sequester rents

TIDEWATER ESTATES CO-OP, INC., a Florida not-for-profit corporation, and all other unknown parties including claimants, persons or parties, natural or corporate, or whose legal status is unknown, claiming under any of the above named defendants, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, as trustee for the registered holders of MLCFC Commercial Mortgage Trust 2006-1, Commercial Mortgage Pass-Through Certificates, Series 2006-1, Appellee. 4th District.

Landlord-tenant -- Sublease -- Landlord's consent -- Action arising out of landlord's attempt to recover damages from tenant's early termination of lease after landlord did not give consent to sublease -- Trial court's finding that landlord made blanket refusal to enter into any sublease, thereby excusing tenant's continued performance under the lease, was supported by competent, substantial evidence -- Because the provision permitting a sublease with the landlord's consent provided no standards which the landlord was to utilize in determining whether to approve or reject a sublease, there was an implied obligation of good faith which landlord's blanket refusal violated

CYRILL SIEWERT, Appellant, v. GERARD W. CASEY, Appellee. 4th District.

Insurance -- Homeowners -- Appraisal -- Trial court erred in granting insured's motion to compel appraisal without conducting an evidentiary hearing where there was an issue of fact as to whether insured had complied with post-loss obligations

UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, vs. JOSE CONCEPCION, Appellee. 3rd District.

Torts -- Negligence -- Railroads -- Locomotive Inspection Act -- Federal preemption -- State-law design-defect and failure-to-warn claims for injury from exposure to asbestos in locomotives and locomotive parts fall within field of locomotive equipment regulation preempted by Locomotive Inspection Act, as that field was defined by Supreme Court's decision in Napier v. Atlantic Coast Line R. Co.

GLORIA GAIL KURNS, EXECUTRIX OF THE ESTATE OF GEORGE M. CORSON, DECEASED, ET AL., Petitioners v. RAILROAD FRICTION PRODUCTS CORPORATION ET AL. U.S. Supreme Court.

Health Care Reform (Consumer Labels): NEW FEDERAL RULES REQUIRE EASY-TO-READ SUMMARIES OF HEALTH PLANS, 14 No. 17 Westlaw Journal Nursing Home 6, Westlaw Journal Nursing Home February 24, 2012 The Obama administration has finalized regulations requiring all private health insurers to provide "plain language" summaries of their coverage plans to help consumers better understand their benefits. The Health and Human Services Department released the final rules Feb. 9 under requirements in the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, calling for insurers to give clear and straightforward information about their plans.  

Health Care Reform (Deficit Reduction): OBAMA'S 2013 BUDGET TO INCREASE HEALTH CARE SAVINGS, 14 No. 17 Westlaw Journal Nursing Home 7, Westlaw Journal Nursing Home February 24, 2012 WASHINGTON, Feb. 13 (Reuters) - President Obama proposed more aggressive deficit reductions through savings from Medicare, Medicaid and other federal health care programs than the White House put forward just five months ago. At the same time, the president proposed giving an extra $1 billion to the federal agency that will implement his landmark reform law. Obama's $3.8 trillion federal budget proposal for fiscal year 2013 seeks more than $364 billion in savings from lower health care spendings.

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Appellate attorney's fees, proposals for settlement, and chocolate ganache cookies

Attorney's fees -- Appellate -- Circuit court appellate division improperly awarded appellate attorney's fees to defendant pursuant to offer of judgment statute where plaintiff had voluntarily dismissed his lawsuit without prejudice

MARIO MEJIA, Petitioner, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Respondent. 3rd District.

Attorney's fees -- Award of attorney's fees pursuant to section 57.105, Florida Statutes, reversed where portion of order directing payment of fees contains no findings of fact

REGIONS BANK, Appellant, v. SARWAT M. GAD, et al., Appellees. 1st District.

Attorney's fees -- Proposal for settlement -- Wrongful death -- Non-settling defendants who prevailed in wrongful death action were entitled to recover fees from estate based on personal representative's rejection of reasonable offer of settlement, but those fees could not be recovered from settlement funds allocated to survivor under Wrongful Death Act -- Trial court erred in requiring personal representative to pay defendants' attorney's fee claim before distributing settlement proceeds to himself as sole survivor -- Fact that personal representative in this case was also sole survivor does not change result -- Statute allowing for deduction of litigation expenses from awards made to survivors applies only to fees and costs incurred by attorneys representing the survivors

CHARLES KADLECIK, AS PERSONAL, ETC., Appellant, v. Y. DANIEL HAIM, M.D. AND CENTRAL FLORIDA, ETC., Appellee. 5th District.

Bankruptcy -- Fraudulent transfers -- Avoidance -- Chapter 7 trustee's fraudulent transfer claims, alleging transfers from debtor corporation to IRS were in payment of principal's personal tax liability at time when debtor was struggling to pay its bills and had no liability to IRS, are core proceedings stemming from bankruptcy itself for which bankruptcy court may enter final orders -- Narrow holding of Stern v. Marshall does not apply to claims at issue -- Even if it were determined that bankruptcy court lacks authority to enter final orders because trustee's fraudulent transfer claims are merely “related to” bankruptcy, court may still enter final orders because Section 157(c)(2), provides that a bankruptcy judge can issue final judgments in non-core proceedings if parties consent, and IRS explicitly and impliedly consented to bankruptcy court's final resolution of claims at issue -- Objection to entry of final orders by bankruptcy court overruled

In re: CUSTOM CONTRACTORS, LLC, Debtor. U.S. Bankruptcy Court, Southern District of Florida, West Palm Beach Division.

Child support -- Enforcement of administrative support order -- Error for court to reduce child support by deviating from guidelines based upon a verbal visitation agreement that was not court-authorized

DEPARTMENT OF REVENUE O/B/O LEMEICIA L. RAMBERT, Appellant, v. DONALD G. WILLIAMS, Appellee. 1st District.

Contracts -- Home repair -- Damages -- Breach of contract by contractor who failed to complete work on plaintiff's home, failed to pay subcontractors, and caused additional damages to home -- Damages awarded on breach of contract count, duplicative damages awarded for negligence and violations of Florida Deceptive and Unfair Trade Practices Act, and an additional amount awarded under civil theft theory -- Torts -- Recovery on negligence theory was barred by economic loss rule where parties were in contractual privity and damages were caused when performing the contract -- Facts adduced at trial do not support award of damages for civil theft -- No error in awarding damages on breach of contract or FDUPTA claims -- Because the same measure of damages applies to both theories of recovery, plaintiffs only entitled to single recovery of damage amount

LAUFEN, INC. AND JAMES JACKSON, Appellant, v. THOMAS ANDREW AND CONSTANTINA ANDREW, Appellee. 5th District.

Dissolution of marriage -- Contempt -- Law of the case -- Where first magistrate's report, and subsequent trial court order, held husband was not in contempt for nonpayment of alimony because marriage settlement agreement provided that retirement benefits, in this case his social security benefits, were not subject to be used for alimony, no objection or exception was filed by wife, and later, successor magistrate's report found predecessor magistrate's report misinterpreted plain meaning of marital settlement agreement and that manifest injustice would result from misinterpretation, hence “law of the case” doctrine did not apply, trial court properly quashed successor magistrate's report and concluded based on “law of the case” doctrine that it did not have the authority to overrule another circuit judge based on a finding of manifest injustice or because the current judge believes the predecessor judge was incorrect -- Husband does owe wife accrued alimony, hence the case is remanded for evidentiary hearing to determine whether husband has any other assets to pay former wife alimony -- Notwithstanding correctness of trial court's holding, it misapplied “law of the case” doctrine, since the doctrine only applies when matters are remanded to a trial court from an appellate court -- Rather, the proper principle asserts a successor judge may not correct errors of law committed by predecessor

AMY DRDEK, Appellant, v. DENNIS J. DRDEK, Appellee. 4th District.

Estates -- Real property -- Partition -- Attorney's fees -- Trial court erred in failing to make a determination regarding the amount of attorney's fees plaintiff's attorney earned advancing her partition count due to the fact that plaintiff's first three counts sought full title in herself and only sought partition in the alternative -- Although defendant provided greater services because he had to defend plaintiff's first three counts to get case to partition posture, that fact does not preclude plaintiff's attorney from receiving some award based solely on the acts he or she took towards partition

ROBERTA FERNANDEZ-FOX, Appellant, v. MARK REYES AS PERSONAL REPRESENTATIVE, ETC., Appellee. 5th District.

Injunctions -- Domestic violence -- Evidence in record on appeal was insufficient to support final injunction protecting wife and parties' minor children from domestic violence by husband -- Claim that trial court erred by relying on pleadings, testimony, and other evidence from previous proceedings without properly taking judicial notice was not preserved for appellate review by objection -- Challenge to lack of explanatory findings of fact relating to statutory factors for determining entitlement to final judgment of injunction was not preserved for appellate review where matter was not brought to attention of trial court to afford a reasonable opportunity to correct the deficiency

JUAN R. ACHURRA, Appellant, v. ESPERANZA ACHURRA, Appellee. 1st District.

Mortgage foreclosure -- Standing -- Action to foreclose residential mortgage and recover on promissory note -- Entry of final summary judgment for original mortgagee was fundamental error where original mortgagee was a non-party because it had withdrawn from case -- Judgment would still be reversed even if entered in favor of alleged transferee who sought to establish note and recover on it where transferee failed to prove who lost the note and when it was lost, offered no proof of anyone's right to enforce note when lost, and produced no evidence of ownership -- Although mortgagor failed to raise lack of standing as an affirmative defense, this failure did not operate as a waiver where there is no evidence showing mortgagor was on notice prior to filing answer that ownership of note had been transferred because it appears the claimed transfer, which allegedly took place the day suit was filed, was either concealed for three years while original mortgagee pursued suit, or the assignment was backdated to justify substituting transferee as plaintiff -- Furthermore, transferee still had to prove its right to enforce note when judgment was entered, even if mortgagor had waived his right to challenge standing

MARC D. BEAUMONT, Appellant, v. BANK OF NEW YORK MELLON, etc., Appellee. 5th District.

Torts -- Automobile accident -- Cross-examination -- Limitation -- Trial court abused its discretion when it limited scope of cross-examination of defendant's medical expert on proximate cause of plaintiff's injuries in order to effectively refute notion that plaintiff's damages were not proximately caused by accident -- Because trial court foreclosed plaintiff's attempt to negate notion that her damages were not proximately caused by accident, witness's theory was left unchallenged and could have led to jury's awarding plaintiff only a fractional portion of the damages she sought -- Plaintiff entitled to new trial

AUDRA W. POLAND and STEVEN POLAND, her husband, Appellants, v. SUSAN S. ZACCHEO, Appellee. 4th District.

Torts -- Contracts -- Churches -- Ecclesiastical abstention doctrine -- Action by members of board of directors of church, a not for profit corporation, alleging that defendants, acting without authority, attempted to remove board members in violation of statutory procedures to be followed in removing board members -- Trial court erred in dismissing action on ground that ecclesiastical abstention doctrine barred court from deciding dispute -- Because case may be resolved by applying neutral principles of law without inquiry into religious doctrine and without requiring court to interpret policies or practices of church, abstention doctrine does not bar case

JAMES BENDROSS, W.C. DILLARD, EDWIN HENDERSON, LORENZO MCDOWELL AND SIDNEY WHITE, Appellants, vs. REV. PHILLIP F. READON AND EUGENE RICE, Appellees. 3rd District.

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