Sunday, March 22, 2015

Injunctions, voluntary dismissal, product liability, and spinach-rosemary gnocchi over glazed onions, tomatoes, and garlic

Injunctions -- Domestic violence -- Error to enter final judgment of injunction for protection against domestic violence where petitioner failed to present sufficient evidence that she was victim of domestic violence or was in imminent danger of becoming victim of domestic violence
AMY HAIR, Appellant, v. CAMMY HAIR, Appellee. 4th District.

Injunctions -- Repeat violence -- Amended final injunction against repeat violence was unsupported by competent, substantial evidence of any overt act on respondent's part that indicated an ability to carry out any of her alleged threats against petitioner or that justified belief that violence was imminent
SHERRY CORRIE, Appellant, v. DAVID LEE KEUL, Appellee. 1st District.

Name change -- Error to summarily dismiss facially sufficient amended petition for name change on ground that name change was being sought for fraudulent purpose without holding evidentiary hearing
THE NAME CHANGE OF: JAMES PATRIC WAGES, JR., Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

Real property -- Partition by sale -- Where court had entered judgment providing for a private sale of property based on stipulation of parties, with a deadline for parties to negotiate a private sale, it was error to thereafter impose an earlier deadline by which parties were to submit their highest bids to one another, thereby creating a forced buyout between the parties -- Postjudgment order altered provisions of partition judgment by imposing an expedited bidding scheme that was neither stipulated to by parties nor authorized by statute governing actions for partition
MARY ANN MARKS, Appellant, v. STEFAN V. STEIN, as Personal Representative of the Estate of Janet C. Stein, Deceased, Appellee. 2nd District.

Torts -- Automobile accident -- Limitation of actions -- Amended complaint -- Relation back -- Trial court did not err in denying plaintiff's motion to amend complaint to substitute wife of defendant for defendant, filed after original defendant filed a motion for summary judgment with supporting affidavits establishing that wife was sole owner of vehicle involved in crash and that wife was driving vehicle at time of crash -- Trial court correctly determined that amended complaint was barred by statute of limitations and did not relate back to date of original complaint -- “Identity of interest” exception to general rule that amendment adding new party does not relate back to original complaint does not apply, as suit against one spouse is separate and distinct from suit against the other spouse -- Each spouse has own legal rights and obligations, and Florida law is clear that one spouse is not responsible for the torts of the other
SYLVIA A. RUSS, Appellant, v. CAROLYN WILLIAMS, Appellee. 1st District.

Torts -- Legal malpractice -- Arbitration -- Jurisdiction -- Where plaintiff served notice of voluntary dismissal of one of defendants after that defendant had filed motion to compel arbitration, trial court was without jurisdiction to order that defendant to proceed with arbitration -- Notice of voluntary dismissal terminated trial court's jurisdiction over party

Torts -- Product liability -- Bicycle -- Negligent failure to warn -- Proximate cause -- Injuries suffered when an object got caught in the front wheel of plaintiff's bicycle, causing the wheel to suddenly stop when the object hit the front carbon fiber forks of the bicycle, resulting in plaintiff falling forward onto the handlebars -- Defendant manufacturer's failure to place a warning on the bicycle alerting plaintiff to the potential of carbon fiber to crack and possibly fail when damaged was not the proximate cause of injuries suffered by plaintiff -- Proximate cause was road debris getting caught in front spokes, causing wheel to suddenly stop -- Trial court erred in denying defendant's motion for directed verdict on claim of negligent failure to warn
TREK BICYCLE CORPORATION, etc., Appellant, vs. ANTONIO MIGUELEZ, Appellee. 3rd District.

Torts -- Product liability -- Tobacco -- Trial court did not err in denying defendant's motion for directed verdict as to plaintiff's membership in Engle class -- Expert and lay evidence was sufficient to prove that plaintiff was addicted to cigarettes -- Argument -- Where defendant, in opening statement and during closing argument, informed jury that it was not disputing any of Engle findings, but denied the existence of conspiracy to conceal, the fifth Engle finding, it was not reversible error for plaintiff's counsel to rebut such arguments in closing and rebuttal arguments -- Comments did not deny defendant its right to a fair trial -- Trial court did not abuse discretion in denying defendant's motion for new trial
R.J. REYNOLDS TOBACCO COMPANY, Appellant, vs. RALPH BALLARD, et al., Appellees. 3rd District.

The Law Lady.  For more info about us, click here.  To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest.