Tuesday, March 1, 2016

Attorney fees, child custody, and grass fed corned beef, purple cabbage, and fresh thyme over a bed of sweet potatoes and rosemary




Attorney's fees -- Appellate -- Prevailing party -- Relief from judgment -- Error to deny rule 1.540(b)(5) motion for relief from judgment for prevailing party appellate attorney's fees where the judgment was predicated on district court's affirmance of the trial court's merits judgment, but the district court's opinion was subsequently quashed by the Florida Supreme Court -- Failure to seek review of initial appellate fee judgment or to move to stay district court's mandate pending review by supreme court did not preclude party from seeking relief from trial court's fee judgment via rule 1.540(b)(5) -- Once district court vacated its award of prevailing party attorney's fees upon remand from supreme court's decision, there was no legal basis for trial court to deny second motion to vacate since opposing party was no longer the prevailing party
TRAVELERS COMMERCIAL INSURANCE COMPANY, AN AFFILIATE OF TRAVELERS INSURANCE CO., AND TRAVELERS CASUALTY AND SURETY COMPANY, Appellants, v. CRYSTAL MARIE HARRINGTON, Appellee. 1st District.



Attorney's fees -- Award of fees pursuant to section 57.105 following dismissal of complaint with prejudice must be reversed in light of appellate court's reversal of the order of dismissal
THE LAKE HAMILTON LAKESHORE OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, on behalf of its Members, Appellant, v. WAYNE L. NEIDLINGER, d/b/a Captain Fred's Airboat Nature Tours; and LAKE HAMILTON COMMERCE & STORAGE CENTER, INC., a Florida corporation, Appellees. 2nd District.



Child custody -- Parenting plan -- Modification -- As constituted, parenting plan set out in final judgment of modification failed to comply with statutory requirements and, accordingly, is legally insufficient -- Remand for trial court to enter more complete plan that complies with statute
PATRICIA MAGDZIAK, Appellant, v. JAMIE SULLIVAN, Appellee. 5th District.



Dissolution of marriage -- Trial court erred in denying husband's motion for reconsideration of order determining temporary needs and child custody issues where order was entered after an evidentiary hearing at which husband's counsel was not present due to a calendaring error
STEVEN WORTMAN, Appellant, v. CHRISTY WORTMAN, Appellee. 1st District.


Employer-employee relations -- Whistleblowers -- Complaint sufficiently alleged causal connection between employee's objection to or refusal to participate in employer's illegal activity, policy, or practice and adverse employment action -- Civil rights -- Age discrimination -- Allegations that defendant was over 40 years of age, that he was employer's oldest engineer at time of termination, that new hires were generally 10-20 years younger, that he was qualified to do job for which he was rejected, and that boss had told him several months before his termination that he didn't “want any of those slow old guys around here any more” were sufficient to withstand motion to dismiss
VAUGHN USHER, Appellant, v. NIPRO DIABETES SYSTEMS, INC., and NIPRO MEDICAL CORPORATION, Appellees. 4th District.


Jurisdiction -- Service of process -- Defects -- Non-final order determining that motion to quash service was moot affirmed -- Before trial court rules on pending motion to quash re-service of process, it must determine validity of original service of process
JOSEPH MICELI and MARIA MICELI, Appellants, v. BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Appellee. 4th District.


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