Saturday, March 31, 2018

Bill toughening penalties for harm and threats to family lawyers heads to Wisconsin governor

"A bill that would make it a felony to harm or threaten lawyers for their work in family law cases is heading to Wisconsin Gov. Scott Walker.

The Wisconsin Senate approved the bill known as Sara’s Law on Tuesday evening, WSAW reports. The bill is named for lawyer Sara Quirt Sann, who was one of four people killed in a shooting spree by a divorce litigant who was later shot and killed by police. Sann represented the wife of shooter Nengmy Vang.
The bill makes it a felony to harm or threaten a lawyer, corporation counsel or guardian ad litem for work on a family law case,. . ."  More.   
Originally from the ABAJournal News by Debra Cassens Weiss

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Friday, March 23, 2018

Three Reasons To Hire An Appellate Lawyer

This is a great, short explanation of what appellate lawyers bring to the litigation table and how they help you and trial counsel:

"Three Reasons To Hire An Appellate Lawyer" post by Bona Law PC

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Saturday, March 10, 2018

Portabella mushrooms, arugula, and bison pizza with garlic, rosemary and olive oil drizzle, with jurisdiction, contracts, arbitration recent decisions

Arbitration -- Employee severance payment -- Condition of approval -- Final judgment confirming payment of severance package awarded in arbitration is reversed and vacatur of order of dismissal is affirmed where trial court's final judgment confirming payment did not include the condition of approval set forth in the arbitration award -- Remand for trial court to enter final judgment in conformity with the award as made, including conditioning payment upon the required approval.  FLORIDA CAPITAL GROUP, INC., Appellant, vs. BART S. BISHOP, Appellee. 3rd District.

Appeals -- Order granting summary judgment was appealable where order contained language establishing finality -- Opposing party failed to meet burden of demonstrating existence of genuine issue of material fact.  CHARLES DAVIS, Appellant, v. BAY COUNTY JAIL, RICK ANGLIN, et al., Appellees. 1st District.

Attorney's fees -- Proposal for settlement -- Proposal for settlement was untimely where it was served later than forty-five days before the first day of the docket on which the case was set for trial -- Trial court erred in awarding attorney's fees pursuant to offer of judgment rule.  SCOTT B. MEYROWITZ, Appellant, v. ANDREW M. SCHWARTZ, P.A., Appellee. 4th District.

Contempt -- Direct criminal -- Trial court improperly classified defendant's failure to appear as direct contempt and failed to comply with procedural requirements for indirect contempt proceedings, including adequate notice, a reasonable time to prepare defense, and compulsory process for attendance of witnesses.  NICHOLAS P. SANDELIER, Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

Contracts -- Settlement agreement -- Meeting of the minds -- Record contained competent substantial evidence to support trial court's determination that parties entered into enforceable agreement where plaintiff's counsel tendered offer to insurer, insurer accepted the offer and provided plaintiff with all requested documents, and insurer enclosed proposed release but stated in its letter that execution of the proposed release was not a condition of settlement or intended to constitute a counter-offer.  ANIBAL TOVAR, Appellant, v. JENNIKA RUSSELL, Appellee. 4th District.

Jurisdiction -- Non-residents -- Torts -- Action by airline against corporate entities that performed major repairs and alterations on engine which exploded shortly after take-off from Texas airport -- Trial court erred in denying motion to dismiss for lack of personal jurisdiction over foreign corporation where corporation filed two affidavits that created disputed issues of fact as to whether court could exercise specific personal jurisdiction over it -- Remand for evidentiary hearing -- Although plaintiff first alleged that defendant engaged in substantial and non-isolated business activities in state, it later withdrew its claim that defendant was subject to general jurisdiction of Florida courts, limiting plaintiff to its assertion that defendant committed tortious act within state -- Accordingly, if court concludes defendant did not commit tortious act within state, motion to dismiss must be granted.  ROLLS-ROYCE, PLC, a foreign profit corporation, Appellant, v. SPIRIT AIRLINES, INC., a Florida Corporation, ROLLS-ROYCE CORPORATION, a foreign corporation, ROLLS-ROYCE NORTH AMERICA, INC., a foreign profit corporation, IAE INTERNATIONAL AERO ENGINES AG, a foreign profit entity, PRATT & WHITNEY, a division of UNITED TECHNOLOGIES CORPORATION, a foreign profit corporation, Appellees. 4th District.

Limited liability companies -- Operating agreement -- Transfer of membership interest in LLC in violation of provision prohibiting transfer without consent of majority of members -- Non-member's transfer of his interest in an LLC which was a member of the LLC in question to another member did not violate prohibition against transfer of membership interest without notice, consent, and compliance with right of first offer provision -- Trial court erred in entering summary judgment for plaintiffs on their complaint claiming that transfer violated operating agreement and alleging breach of contract, breach of fiduciary duty, and specific performance -- Removal of party from Board of Management -- Trial court erred in construing operating agreement to permit the removal of a manager by 75% of managers rather than a vote of 60% of the members -- Under provisions of operating agreement member of LLC was permitted to bring direct action against other members for breach of agreement, and trial court erred in finding that action was required to be brought as a derivative action -- Notwithstanding erroneous construction of operating agreement, trial court properly entered judgment for defendants on counterclaims and third-party claims alleging breach of agreement, including claim arising out of removal of manager, as such claims were barred by business judgment rule.  FERK FAMILY, LP, Appellant, v. GAIL FRANK, etc., et al., Appellees. 3rd District.

Mortgage foreclosure -- Standing -- Where endorsement on note attached to complaint was different from endorsements on original note filed with court, genuine issue of material fact existed as to plaintiff's standing at inception of action -- Error to enter final judgment of foreclosure following summary judgment.  LESLINE RUSSELL, Appellant, v. BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP, Appellee. 4th District.

Torts -- Discovery -- Trade secrets -- Circuit court departed from essential requirements of law by ordering disclosure of trade secrets where party requesting the disclosure failed to present any evidence that production of privileged information was reasonably necessary.  NIAGARA INDUSTRIES, INC. and RHEEM SALES COMPANY, Petitioners, v. GIAQUINTO ELECTRIC LLC, a Florida Limited Liability Company, GUARDIAN AMERICAN PROPERTIES, LLC, f/k/a GUARDIAN AMERICAN RESIDENTIAL PROPERTIES OF BROWARD COUNTY, LLC, a Florida Limited Liability Company, H20 PLUMBING SERVICES, INC., a Florida Corporation, FUENMAYOR & LINDA ENTERPRISES, LLC, d/b/a ACE FLOOD & INSPECTIONS, LLC, a Florida Limited Liability Company, MARK BECKERMAN, individually, and SCOTT WESLEY FRANK, Sr., individually, Respondents. 4th District.Torts -- Nursing homes -- Arbitration -- Trial court did not err in compelling arbitration of resident's negligence claims against nursing home based on arbitration and limitation of liability agreement which contained express severability clause worded in such a way that the essence of the arbitration provision would survive the severance of any illegal arbitration provisions.  ANNE OBOLENSKY, Appellant, v. CHATSWORTH AT WELLINGTON GREEN, LLC d/b/a NUVISTA LIVING AT WELLINGTON GREEN, Appellee. 4th District.

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