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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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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"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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