Tuesday, June 17, 2014

Equitable distribution, settlement agreement enforcement, red light cameras, and bison stew with plums, mustard seed, and cumin over fresh pasta

Dissolution of marriage -- Equitable distribution -- Although six-month delay in ruling on equitable distribution issues would not, without more, require reversal, new trial is warranted on equitable distribution where there were indications that trial court either forgot or confused central issues at trial
THOMAS D. CARNICELLA, Appellant, v. SHERI D. CARNICELLA, Appellee. 5th District.

Judges -- Disqualification -- Ex parte conference -- Fact that judge conducted ex parte conference constitutes legally sufficient basis for disqualification -- Petition for writ of prohibition granted
RACHEL BERRY, Petitioner, v. BRETT BERRY, Respondent. 1st District.

Mortgage foreclosure -- Settlement agreement -- Enforcement -- Trial court properly denied motion to enforce settlement agreement where parties had not agreed on a material term of the contract -- Trial court properly determined that amount of and to whom a broker's commission would be paid on sale to third party which underlay the settlement agreement was, in this case, a material term of the contract and precluded a meeting of the minds on the settlement
MONIQUE A. LEVI & ASSOCIATES, INC. and J.F.G. LEVI, Appellants, v. SPCP GROUP V, LLC, a Delaware limited liability company, Appellee. 4th District.

Municipal corporations -- Ordinances -- Red light cameras -- Ordinances imposing penalties for red light violations detected by devices using cameras were preempted by state law prior to effective date of Mark Wandall Traffic Safety Act
RICHARD MASONE, Petitioner, vs. CITY OF AVENTURA, Respondent. Supreme Court of Florida.

Public records -- Mandamus -- Petitioner for writ of mandamus to compel city to produce public records had standing to bring action where petitioner had sent city an e-mail request for the records -- City could not properly condition disclosure of public records to then-anonymous requester on filling out city's form on its web page and giving an address or other identifiable source for payment of associated costs -- Trial court erred in dismissing mandamus petition for lack of standing
JOEL EDWARD CHANDLER, Appellant, v. THE CITY OF GREENACRES, Appellee. 4th District.

Real property -- Lis pendens -- It was improper to deny motion to dissolve lis pendens where there was no showing of a fair nexus between the title to property and the lawsuit -- Trial court directed to discharge lis pendens, as well as the bond that court ordered property owner to post
NOBE BAY HOLDINGS, LLC, Petitioner, vs. LAZARO MIGUEL GARCIA, M.D., Respondent. 3rd District.

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