Contempt case unusual because judge bypassed Florida Bar, attorney says

A case like that of a Palm Beach County assistant public defender battling professional misconduct allegations is exceptionally rare but it’s not unheard of in more conventional channels, a Miami attorney said during a recent interview.

"The Ramsey matter seems odd at first blush," Dorothy Easley of the law firm Easley Appellate Practice in Miami said in an email interview with the Florida Record. "It is not unprecedented. And there are cases where appellate courts will also refer attorneys to the Florida Bar for litigation misconduct or lack of candor observed during an appeal. Attorneys are aware that any misconduct on their part may be referred to the Florida Bar to answer for. Attorneys also understand that contempt is one of the court mechanisms to compel respect for court orders and the judicial system." More.


Originally Posted in  FLORIDA RECORD, written by Karen Kidd, May 2, 2016
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Wrongful death, new trials, appellee sanctions, and Bison with Kale, Rosemary, and Purple potatoes with Lemon Thyme

Appeals -- Sanctions -- Maintenance of indefensible position in trial court and on appeal -- Rare circumstance in which appellee may be sanctioned -- Appellee complying with none of court deadlines -- Appellee directed to show cause why appellant's attorney's fees should not be assessed against appellee

HSBC Bank USA, N.A., Appellant, vs. BISCAYNE POINT CONDOMINIUM ASSOCIATION, Appellee. 3rd District.

Child custody -- Timesharing -- Error to modify timesharing by restricting contact to one time per week in a supervised setting without identifying what steps parent must take in order to reestablish unsupervised timesharing

IEHUDA TZYNDER, Appellant, vs. KEREN EDELSBURG, Appellee. 3rd District.

Civil procedure -- Summary judgment -- Mortgage foreclosure -- Standing -- Substituted plaintiff -- Trial court erred in granting summary judgment in favor of new plaintiff, to whom mortgage had been assigned, substituted for predecessor plaintiff on same day as hearing on motion for summary judgment, because the assignment from the predecessor plaintiff, which was not in the evidentiary record, leaves standing as an issue of material fact not conclusively established by the pleadings or other summary judgment evidence -- An order of substitution does not create standing -- No merit to successor plaintiff's argument that, because the assignment was a recorded document, the trial court could properly take judicial note of it -- Even if judicially noticed, plaintiff cannot rely on it for standing because it was not served at least 20 days before the hearing on summary judgment

GREGORY SANDEFUR, Appellant, v. RVS CAPITAL, LLC, a Florida limited liability company, RIO VISTA SALOON, LLC, a Florida limited liability company, and DAVID ZWICK, Appellees. 4th District.

Contracts -- Construction -- Arbitration -- Determination of arbitrability of breach of contract claim -- By incorporating into contract the Construction Industry Rules of the American Arbitration Association, which make the issue of arbitrability subject to arbitration, parties sufficiently evidenced intent to have arbitrators, not a court, hear and decide the issue of arbitrability

GLASSWALL, LLC, Appellant, vs. MONADNOCK CONSTRUCTION, INC., et al., Appellees. 3rd District.

Contracts -- Fraud in the inducement -- Economic loss rule -- Claim that defendant fraudulently induced plaintiff to join auto-racing team by misrepresenting that defendant was fully funded and did not need plaintiff's money in order to run the team -- Because defendant's fraudulent representations were of a present fact, the fraudulent misrepresentation claim did not merge with plaintiff's breach of contract claim, and was not barred by economic loss rule -- Trial court erred in granting defendant's motion for judgment notwithstanding verdict for plaintiff on fraudulent inducement claim -- Attorneys -- Trial court did not abuse discretion by denying out-of-state attorney's motion to appear pro hac vice on the basis that granting of motion would adversely impact the administration of justice and disrupt the proceedings

PREWITT ENTERPRISES, LLC, Appellant, v. TOMMY CONSTANTINE RACING, LLC, a foreign limited liability company, and TOMMY CONSTANTINE, a/k/a THOMAS CONSTANTINE, individually, Appellees. 4th District.

Costs -- Section 57.105 does not provide mechanism for recovering costs

GRAND RESERVE AT TAMPA CONDOMINIUM ASSOCIATION, INC., and BUSINESS LAW GROUP, P.A., Appellants, v. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AF1, Appellee. 2nd District.

Creditors' rights -- Execution of consent judgment -- Motion to stay writ of execution and vacate levy on debtors' personal residence on ground that residence was debtors' homestead -- Trial court denied debtors due process when it refused to hear debtors' homestead exemption objection -- Objection was raised in emergency motion to stay and was therefore before the trial court at the time of hearing; counsel for debtors told court that he had argument pertaining to emergency motion to stay that did not pertain to issues in the motion to vacate consent judgment, but trial court erroneously determined that motion to stay did not contain any argument separate from arguments raised in motion to vacate consent judgment; and counsel clearly informed court in a timely motion for rehearing that separate homestead objection remained unresolved -- Remand for further proceedings

ROBERT MILLARD HAYES and LINDA WEBSTER HAYES, husband and wife, Appellants, v. NORMAN HARRIS SERVICES, INC.; GORDON CUTHBERTSON; and ENVIROGREEN LANDSCAPE MAINTENANCE, INC., a Florida corporation, Appellees. 2nd District.

Dissolution of marriage -- Equitable distribution -- Trial court exceeded scope of appellate mandate by revaluing assets and liabilities, including revisiting issue of value of former husband's dental practice, and by reducing duration of alimony award -- Trial court did not exceed scope of remand by considering evidence regarding former husband's current income, which was relevant to amount of alimony and issue of whether husband could be compelled to pay for minor child's private school tuition -- Remand with instructions to split net proceeds, if any, from sale of marital home and redistribute remaining assets and liabilities in original equitable distribution schedule without revaluing them; and to reinstate ten-year duration of alimony from date of original final judgment -- Appellate court declines to revisit prior ruling that trial court erred in failing to partition marital home where arguments former wife raised on this issue could have been advanced in motion for rehearing in earlier appeal -- Imputed income -- Competent substantial evidence supported amount of income imputed to former wife -- Attorney's fees to be reconsidered on remand in light of appellate court's reversal of trial court's decision to revalue assets -- Alimony credit -- Appeal from award of alimony credit to husband is premature where trial court determined entitlement but did not determine amount of credit -- Private school tuition -- Competent substantial evidence supported trial court's finding that former husband did not have ability to pay child's private school expenses

MARIANNE K. BRENNAN, Appellant, v. DANIEL JOSEPH BRENNAN, Appellee. 4th District.

Dissolution of marriage -- Marital home -- Error to include in final judgment language specifying that former wife must refinance or sell marital home within 18 months without addressing each party's financial responsibilities prior to sale of home and consequences should former wife fail to sell or refinance home within allotted time frame -- With respect to provision assigning value to home and specifying that each party was to receive half of that assigned value in the event that the home was sold, although actual sale price might vary from the assigned value, former husband is entitled to equal share of the actual refinancing value or sale price of home -- Equitable distribution -- Various errors in calculation of equitable distribution in final judgment to be corrected

KEITH A. JONES, Appellant, v. LESLIE D. JONES, Appellee. 5th District.

Dissolution of marriage -- Settlement agreement -- Enforcement -- Estates -- Motion to enforce marital settlement agreement insofar as it addressed disposition of three parcels in the Cayman Islands owned by husband and wife as joint tenancy with rights of survivorship, filed by personal representative of former husband, who died four years after divorce -- Trial court erred in ordering former wife to whom properties passed upon death of former husband either to sell properties or to purchase former husband's interest in them -- Under both unambiguous provisions of former husband's will, which was executed at time husband instituted dissolution proceedings, and Cayman Islands law, disputed parcels became former wife's sole property when former husband died -- Although marital settlement agreement stated that parties would try to sell Cayman Island properties “within a reasonable time” and provided that either party could buy out the other party's interest at any time, it did not require that parties would be forced to sell property immediately if one did not buy out the other -- Error to grant estate's motion to enforce final judgment and marital settlement agreement against former wife -- Order prohibiting former wife from dissipating, encumbering, transferring, or selling these properties to be vacated on remand

DIANE MARIE EBANKS, Appellant, v. CURTIS EBANKS, as Personal Representative of the Estate of Arthur Ebanks, Appellee. 2nd District.

Insurance -- Discovery -- Trial court departed from essential requirements of law in ordering insurer to produce portions of its adjusters' claims files to medical provider in first-party non-bad-faith cases

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. PREMIER DIAGNOSTIC CENTERS, LLC, (A/A/O SHERRY DUJON, DOLORES LANCASTER, MARIA LOPEZ), Respondent. 3rd District.

Insurance -- Uninsured motorist -- Argument -- Insurer entitled to new trial based on cumulative effect of statements by plaintiff's counsel pointing out that plaintiff had done the right thing all along and that insurer had refused to pay the debt it owed to plaintiff, counsel's use of PowerPoint slide visible to jury that emphasized the insurer's responsibility, and an instruction by the trial court which also focused on insurer's liability rather than on the issue of actual damages attributable to the accident

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. MICHAEL D. GOLD and GINA GOLD, individually and as husband and wife, Appellees. 4th District.

Judges -- Disqualification -- Motion to disqualify judge was legally sufficient to extent it relied upon specific campaign-related issues, including fact that at least one of opposing party's counsel was playing significant role in judge's current, ongoing reelection campaign -- Prohibition granted

ERIC RIVERA, Petitioner, v. JOSHUA BOSQUE, Respondent. 5th District.

Jurisdiction -- Non-residents -- Contracts -- Failure to pay on contract requiring payment in Florida is sufficient to satisfy Florida's long-arm statute conferring jurisdiction over breach of contract actions -- Minimum contacts -- Where neither amended complaint nor testimony at hearing on jurisdiction showed that any act beyond repayment of promissory note was required to be performed in Florida, defendant did not have sufficient minimum contacts with state to support assertion of personal jurisdiction -- Remand with directions to dismiss without prejudice to refiling complaint in appropriate forum

CORNERSTONE INVESTMENT FUNDING, LLC, Appellant, v. PAINTED POST GROUP, INC., Appellee. 4th District.

Municipal corporations -- Trial court erred in dismissing complaint for declaratory and injunctive relief seeking to void city's alleged ultra vires act of confirming parking credits that served to reduce a building's parking space obligation -- It was error to dismiss complaint on ground that Design Review Board determined that building qualified for an allowance of parking space credits, that city granted a parking variance, and that plaintiff's action is procedurally barred because plaintiff failed to timely challenge City Planning Department's administrative determination contained in Design Review Board resolution -- Findings made by trial court in granting motion to dismiss complaint are not supported by allegations of complaint -- Dismissal cannot be affirmed on basis of res judicata or collateral estoppel, as there has not been a prior determination on the merits -- There is no merit to claim that separation of powers bars complaint because it attempts to challenge an executive act of city -- Plaintiff is not requesting that city perform a discretionary act, but, rather, alleged that city engaged in an ultra vires act

NEAPOLITAN ENTERPRISES, LLC, Appellant, v. THE CITY OF NAPLES, OLDE NAPLES BUILDING LLC, and BROAD AVENUE LLC, Appellees. 2nd District.

Torts -- Assignment of claims -- Action by plaintiff against his residential tenant, alleging that tenant was negligent in connection with a fire that damaged plaintiff's property -- Trial court did not err in entering summary judgment for defendant on basis that plaintiff, in mortgage, had assigned rights to recover for property damage to mortgagee

JORGE ARTILES, Appellant, vs. YURISBEL PINO, et al., Appellees. 3rd District.

Torts -- Cruise ships -- Jurisdiction -- Forum non conveniens -- Two class action suits against cruise line by U.S. and non-U.S. passengers on Italian-flagged cruise ship which ran aground in Italy -- Trial court did not err in dismissing one action for forum non conveniens upon finding that Italy is an available and adequate forum, that private interest and public interest factors favor trial in Italy, and that plaintiffs can reinstate their suit in Italy without undue inconvenience or prejudice -- In failing to dismiss U.S. plaintiffs in other action court did not conduct a proper private interest analysis when it failed to consider the necessary evidence required to prove and disprove each element of plaintiffs' cause of action

DENISE ABEID-SABA, et al., Appellants/Appellees/Cross-Appellees, vs. CARNIVAL CORP., CARNIVAL PLC, COSTA CROCIERE, S.p.A., COSTA CRUISE LINES, INC., and JOSEPH FARCUS ARCHITECT, P.A., Appellees/Appellants/Cross-Appellants. 3rd District.

Torts -- Evidence -- Action against automobile dealer that sold truck with lift kit installed to initial purchaser and automobile dealer who subsequently sold truck to plaintiff, who was injured when truck's steering and suspension failed, resulting in truck flipping over -- Trial court did not err in striking affidavit of plaintiff's expert witness, filed after defendants had filed motion for summary judgment, which expressed opinion that dealer who sold truck to plaintiff failed to take action which could have prevented accident where witness's prior deposition testimony stated that he had no opinion regarding the conduct of defendants -- Witness's affidavit was inconsistent with his earlier deposition testimony without any explanation for the inconsistency -- Trial court did not abuse discretion by applying rule that a litigant, when confronted with an adverse motion for summary judgment, may not contradict or disavow prior sworn testimony with contradictory sworn affidavit testimony -- Trial court did not err in entering summary judgment for defendants where there was no evidence that truck was defective when sold by initial seller and no evidence that second seller of truck had a duty to inspect the truck for latent defects

SHAUN LESNIK, Appellant, v. DUVAL FORD, LLC, a Florida corporation and BURKINS CHEVROLET, INC., a Florida corporation, Appellees. 1st District.

Wrongful death -- Medical malpractice -- New trial -- Plaintiff suffered prejudice where, shortly before trial, defendant amended Fabre defense to include other physicians as non-party defendants and then withdrew the Fabre defense on the last day of trial -- Events created situation in which plaintiff presented case premised on fact that jury would apportion fault between defendant and Fabre defendants, only to have jury to decide case on an all-or-nothing basis -- Trial court abused discretion in denying plaintiff's motion for new trial

JEFFREY M. EDWARDS, as Personal Representative of the Estate of MARY EDWARDS, deceased, for and on behalf of lawful survivors/claimants; JEFFREY M. EDWARDS, surviving spouse; JEFFREY M. EDWARDS, JR., surviving minor child; CARL A. EDWARDS, surviving minor child; and MATTHEW T. EDWARDS, surviving minor child, Appellants, v. JEFFREY ROSEN, M.D.; FLORIDA HEART ASSOCIATES, P.L.; SHAHEEN FARUQUE, M.D.; INPATIENT CONSULTANTS OF FLORIDA, INC.; IMTIAZ AHMAD, M.D.; ALLERGY, SLEEP AND LUNG CARE, P.A.; and LEE MEMORIAL HEALTH SYSTEM, Appellees. 2nd District.

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Attorney's fees, condominium associations, future lost profits, and grilled elk wih peppercorn, red onion, and rosemary sauce

Attorney's fees -- Appeals -- Jurisdiction -- Non-final orders -- An order finding entitlement to attorney's fees but not setting an amount is a non-final, non-appealable order -- Appeal dismissed for lack of jurisdiction

KLING CORPORATION, etc., et al., Appellants, vs. HOLA NETWORKS CORPORATION, etc., et al., Appellees. 3rd District.

Attorney's fees -- Prevailing party -- Administrative law -- Counties -- School boards -- Exceptional student education -- Due process hearing -- Statute providing for award of attorney's fees to prevailing party in administrative proceedings under chapter 120 does not apply to proceeding brought under section 1003.57, which is controlled by procedures outlined in section 1003.57(1)(b)

A. L., by his parent P. L. B., and P. L. B. for herself, and Rosemary N. Palmer, attorney, Appellants, v. JACKSON COUNTY SCHOOL BOARD, Appellee. 1st District.

Attorney's fees -- Receiverships -- Attorney for receiver -- Receiver's attorney lacked standing to pursue award of attorney's fees and costs independent of the receiver where order appointing receiver entitled the receiver, not an attorney, to seek award of attorney's fees and costs, and record reflects that no other court order was entered which would have permitted receiver's attorney to independently pursue award of attorney's fees and costs

SAGA BAY GARDENS CONDOMINIUM ASSOCIATION, INC., Appellant, vs. FOR THE APPOINTMENT OF BLANKET RECEIVER, Appellee. 3rd District.

Civil procedure -- Appeals -- Jurisdiction -- Non-final orders -- Order granting motion for entry of default judgment as to liability only is a non-final, non-appealable order -- This type of order was expressly removed from the list of appealable non-final orders -- Appeal dismissed for lack of jurisdiction

AMMY M. KOGAN, Appellant, vs. MICHAEL MILDENBERGER, Appellee. 3rd District.

Civil procedure -- Dismissal -- Forum non conveniens -- Error to deny motion to dismiss for forum non conveniens based on finding that parties had availed themselves of the jurisdiction of the court -- Finding of personal or subject matter jurisdiction not substitute for existence of convenient forum -- Order granting final summary judgment entered while interlocutory appeal of order denying motion to dismiss was pending also reversed

SERAFIN GARCIA ARMAS, Appellant, vs. BANCO NACIONAL DE CRÉDITO, C.A., etc., Appellee. 3rd District.

Civil procedure -- Sanctions -- Due process -- State v. Spencer, which requires trial court to provide notice and opportunity to respond before enjoining parties from filing further pro se pleadings or motions, applies to all pro se litigants, civil and criminal alike -- Error to prohibit further pro se filings in instant civil litigation without issuing show cause order and permitting reasonable time to respond

BRAD M. BOLTON AND TERESA B. BOLTON, Appellants, v. SE PROPERTY HOLDINGS, LLC, AS SUCCESSOR TO VISION BANK and PARASOL WEST HOMEOWNERS ASSOCIATION, INC., Appellees. 1st District.

Condominiums -- Assessments -- Prior owner is jointly and severally liable with current owner for all past due assessments up to time of transfer of title -- Where condominium association foreclosed on its assessment lien and took title to property while mortgage foreclosure action was pending, mortgage foreclosure action subsequently concluded and third party purchased property at foreclosure sale, association was jointly and severally responsible with former owner back to time when title to property was transferred to former owner, and third-party purchaser at mortgage foreclosure sale was responsible for unpaid assessments back to time when association took title to subject property

PARK WEST PROFESSIONAL CENTER CONDOMINIUM ASSOCIATION, INC., Appellant, vs. JOHN LONDONO, Appellee. 3rd District.

Contempt -- Direct criminal -- Father's failure to comply with truancy orders requiring him to ensure daughter's attendance at school -- Truancy court judge improperly acted as judge and prosecutor -- Evidence was insufficient to establish willful noncompliance with truancy court's orders

DAVE MOYERS, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District.

Contempt -- Where court had entered order requiring co-owner of condominium apartment to “vacate” the unit because her occupancy violated the fifty-five and older age restriction for residents, it was error to hold the co-owner in contempt for continuing to spend several hours a day at the unit for the purpose of remodeling and gardening and staying overnight on several occasions -- Court order was ambiguous as to what was required to vacate the unit, and it was improper to hold party in contempt for violation of an ambiguous order

VIRGINIA HOKENSTROM and HOLLY HOKENSTROM, Appellants, v. ENVIRON TOWERS I CONDOMINIUM ASSOCIATION, INC., Appellee. 4th District.

Contracts -- Discovery -- Trial court departed from essential requirements of law in entering order compelling defendant in breach of contract action to produce personal financial records where such records are not relevant to any issues in litigation -- Defendant's personal financial information is not relevant to his affirmative defense of plaintiff's anticipatory breach of contract because defendant is not required to establish his ability to perform under contract to be relieved of his contractual obligations based on plaintiff's anticipatory breach

JOHN M. RYAN, Petitioner, v. LANDSOURCE HOLDING COMPANY, LLC, Respondent. 2nd District.

Contracts -- Leases -- Damages -- Where lessor breached lease and constructively evicted lessee, ultimately causing the destruction of lessee's business, by failing to repair leaking roof, trial court properly found that prospective lost profits was the correct measure of damages -- Awarding market value for a business that has been slowly reduced to nothing due to defendant's breach would be inequitable -- There was no clear error in trial court's factual finding that awarding prospective lost profits beyond the initial lease term would be too speculative -- Trial court did not err in dismissing lessee's equitable foreclosure and lis pendens where lessee had no interest in underlying realty -- In awarding attorney's fees to lessee, trial court did not err in denying a contingency fee multiplier where evidence showed that any number of attorneys would have agreed to take case on an hourly or contingent basis

KATZ DELI OF AVENTURA, INC., Appellant, vs. WATERWAYS PLAZA, LLC, etc., Appellee. 3rd District.

Creditors' rights -- Supplementary proceedings -- Fraudulent transfers -- Attorney's fees -- Impleaded parties are not liable for attorney's fees and costs in proceedings supplementary -- In such proceedings, attorney's fees and costs may be awarded only against original judgment debtor -- To extent final judgment against impleaded parties purports to reserve jurisdiction to award attorney's fees and costs against the impleaded parties jointly and severally with judgment debtor, judgment is reversed -- Final judgment awarding attorney's fees and costs for proceedings supplementary reversed to extent that it purports to permit writs of execution against all of the assets of the impleaded parties, rather than solely the assets of judgment debtor now in the hands of the impleaded parties as result of fraudulent transfers

KINGSTON CORPORATION GROUP OF FLORIDA, INC.; KINGSTON GROUP, LLC; TAMIAMI HOEHNE, LLC; and THE SOURCE MINISTRIES, INC., Appellants, v. RICHARD KLEIBER WALTER KLEIBER PARTNERSHIP, Appellee. 2nd District.

Dissolution of marriage -- Alimony -- Modification -- Substantial change in circumstances -- Trial court abused its discretion in finding no change in circumstances warranting reduction in alimony where husband presented unrebutted evidence establishing a forty-percent drop in income from business which he owned and operated, the unavailability of additional money from the business, the lack of substantial assets to liquidate, grim job expectations, and monthly expenses which exceeded his income -- Contempt -- Finding husband was in contempt for failing to pay alimony was not supported by competent, substantial evidence

HENRY M. DRIGGERS, Appellant, v. ROBIN Y. DRIGGERS, Appellee. 2nd District.

Dissolution of marriage -- Alimony -- Trusts -- Trial court did not err in granting continuing writ of garnishment over any disbursements made from discretionary trusts to former husband for payment of alimony upon finding that traditional remedies for enforcement of alimony obligation were not effective -- Although trusts contained spendthrift provision, a spendthrift provision is unenforceable against a beneficiary's former spouse who has a judgment or court order against the beneficiary for support or maintenance

BRUCE D. BERLINGER, Appellant, v. ROBERTA SUE CASSELBERRY, Appellee. 2nd District.

Dissolution of marriage -- Child support -- Modification -- Foreign state support order -- Jurisdiction -- Under provisions of the Uniform Interstate Family Support Act, Florida court does not have jurisdiction to modify a Michigan child support order which was registered in Florida under UIFSA where Michigan no longer has continuing, exclusive jurisdiction over the order; party seeking modification is a Florida resident; and opposing party is a nonresident who objects to Florida's assumption of jurisdiction -- UIFSA is not preempted by federal Full Faith and Credit for Child Support Orders Act -- Petition for writ of prohibition granted -- Circuit court required to refrain from exercising modification jurisdiction

JYRKI TUONO JUHANI PULKKINEN, Petitioner, v. KAREN ELAINE PULKKINEN, n/k/a Karen Elaine Brautcheck, Respondent. 1st District.

Dissolution of marriage -- Equitable distribution -- Court's valuation of marital assets and liabilities was not supported by competent substantial evidence -- On remand, trial court must reconsider other orders that stemmed from erroneous equitable distribution schedule -- Trial court did not err in valuing marital assets and liabilities as of the date of filing dissolution petition -- Building that was nonmarital asset of husband at time of marriage was transformed into marital asset where wife was instrumental in improvements made to building during marriage

JORDAN H. JORDAN, Appellant, v. LAURA JORDAN, Appellee. 4th District.

Dissolution of marriage -- Trusts -- Jurisdiction -- Where court had granted former wife's motion for continuing writs of garnishment over payments to former husband from discretionary trusts for the payment of former husband's alimony obligation, trial court did not err in substituting special trustee of trusts as a party to the family law action -- There is no merit to trustee's argument that court did not have personal jurisdiction over him as special trustee and the trust because the court did not grant the motion for substitution until the same date it granted the continuing writ of garnishment -- Trustee voluntarily submitted himself to the jurisdiction of the family law court when he was appointed as special trustee of the discretionary trusts, filed motions seeking relief in family court, and voluntarily appeared as trustee at hearing in family court

RICHARD K. INGLIS, ESQ., Appellant, v. ROBERTA SUE CASSELBERRY, Appellee. 2nd District.

Torts -- Contractors -- Failure to maintain premises in safe condition -- Business invitee's action against contractor seeking damages for injuries sustained when he tripped and fell over construction debris as he attempted to enter home through the garage -- Error to enter summary judgment for defendant where there was genuine issue of material fact as to whether contractor, the sole possessor of the property at the time of the incident, failed to satisfy its duty to maintain premises in safe condition -- Whether plaintiff's apparent recognition of open dangers within garage resulted in his assumption of risk of entering house by that route is issue to be decided by jury as part of comparative negligence determination

ROBERT SKALA, Appellant, v. LYONS HERITAGE CORPORATION; SEAN CLARK; and SEAN CLARK CONTRACTING, INC., Appellees. 2nd District.

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Fraudulent transfers, habeas corpus, foreclosures and purple spinach with walnuts sauteed in olive oil, greek oregano and garlic

Appeals -- Summary affirmance is appropriate where initial brief fails to demonstrate preliminary legal or factual basis for reversal of the appealed orders

MARTINA SPENCER, Appellant, v. FLORIDA POWER LIGHT/ BROADSPIRE, Appellees. 1st District.

Attorneys -- Discipline -- Referee properly found counsel, in his repeated rude, abusive and threatening behavior, violated Rules Regulating the Florida Bar pertaining to making a statement a lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, mediator, arbitrator, adjudicatory officer, or public legal officer; engaging in conduct intended to disrupt a tribunal; violations of the Rules of Professional Conduct; and engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice, including knowingly or through callous indifference disparaging or humiliating other lawyers -- Referee properly made recommendations as to guilt -- Considering prior similar misconduct, referee's recommended sanction of ninety-day suspension was improper and a two-year suspension is imposed instead

THE FLORIDA BAR, Complainant, v. JEFFREY ALAN NORKIN, Respondent. Supreme Court of Florida.

Bankruptcy -- Fraudulent transfers -- Avoidance -- Liability of transferee -- Chapter 7 trustee may not recover the value of debtors' donation from defendant church as an initial transferee under Section 550(a)(1) of Bankruptcy Code, because donation to church is avoidable as fraudulent transfer under Section 548 and defendant church served as mere conduit for debtors' donation and acted in good faith and as an innocent participant in debtors' fraudulent transfer -- Church did not have control over debtor's donation, even though funds were deposited into church's general operating account, where funds were specifically earmarked for a third-party charitable organization, defendant separately accounted for donation it received from debtors, and defendant ultimately transferred funds to a third-party charitable organization

In re: ULRICH FELIX ANTON ENGLER and PRIVATE COMMERCIAL OFFICE, INC., Debtors. U.S. Bankruptcy Court, Middle District of Florida, Tampa Division.

Civil rights -- Law enforcement officers -- False arrest -- District court properly denied qualified immunity for arresting officer where facts viewed in light most favorable to plaintiff show that he lacked arguable probable cause to arrest plaintiff -- Error to deny qualified immunity to defendant who was not present during alleged false arrest

MONIQUE WILKERSON, Plaintiff - Appellee, v. THEDIOUS SEYMOUR, Dekalb County Police Officer, O.B. PARKER, Dekalb County Police Sergeant, Defendants - Appellants. 11th Circuit.

Child custody -- Jurisdiction -- Trial court erred in finding home state of minor children to be Colorado where children had resided in Florida within six-month period prior to father's filing of petition -- Under Uniform Child Custody Jurisdiction and Enforcement Act, children's home state was Florida

ORION CHRISTIAN BARNES, Appellant, v. LACEY M. MORRISON BARNES, Appellee. 4th District.

Criminal law -- Attempted second degree murder -- Habeas corpus -- Ineffective assistance of appellate counsel -- Sentencing -- Trial court's incorrect statement that there existed “testimonial evidence that drugs were involved” indicated court was considering unsubstantiated allegations in its sentencing decision, and state failed to demonstrate that this improper consideration played no part in sentence imposed -- Prejudice -- Trial court's consideration of unsubstantiated factual claim undermines confidence in fairness, regularity, and propriety of petitioner's sentence -- Appellate counsel's failure to raise error on appeal was deficient performance that prejudiced petitioner -- Remand for resentencing

JUSTIN A. MARTINEZ, Petitioner, v. STATE OF FLORIDA, Respondent. 1st District.

Criminal law -- Counsel -- Appellate -- Ineffectiveness -- Burglary -- Second degree felony murder -- Jury instructions -- Appellate counsel was ineffective for failure to argue fundamental error where jury was provided with the circular instruction that, to commit the offense of burglary, the defendant was required to have a “fully formed, conscious intent to commit the offense of burglary in that structure” -- Remand for new trial

CHRISTOPHER DEAN, Petitioner, v. STATE OF FLORIDA, Respondent. 4th District.

Criminal law -- Counsel -- Ineffectiveness claim may not be raised on direct appeal where ineffectiveness is not apparent on face of record

JAMES MICHAEL ZIMMERMAN, Appellant, v. STATE OF FLORIDA, Appellee. 5th District.

Criminal law -- Double jeopardy -- Increase in restitution -- Double jeopardy violation resulted when trial court imposed obligation to pay victim's student loans when original restitution order required restitution only for expenses related to victim's medical costs -- New hearing required

TONY LEMAR FISHER, Appellant, v. STATE OF FLORIDA, Appellee. 5th District.

Criminal law -- Habeas corpus -- Malice murder -- District court properly denied relief on claim that state trial court's jury instructions on venue, an essential element of crime charged, improperly shifted burden of proof to petitioner and claim that state trial court's 25-year delay in resolving petitioner's motion for new trial violated his due process rights under Fourteenth Amendment -- Venue is essential element of Georgia offense of malice murder -- Instruction that jurors “shall” consider cause of death to have occurred where body was found created mandatory presumption which violated petitioner's constitutional rights -- Error was harmless -- Delay in ruling on motion for new trial -- Supreme Court has never held that there is constitutional right to speedy direct appeal in state criminal case, and appellate court finds no precedent suggesting that constitutional violation arises from untimely ruling on motion for new trial -- It cannot be said that state court's decision denying petitioner's motion for new trial was contrary to, or unreasonable application of, clearly established federal law

CHARLES EDWARD OWENS, Petitioner - Appellant, v. GREGORY MCLAUGHLIN, Respondent - Appellee. 11th Circuit.

Dissolution of marriage -- Alimony -- In awarding alimony, trial court erred by not making findings regarding husband's net income

KARL RENTEL, Appellant, v. SUN RENTEL, Appellee. 4th District.

Dissolution of marriage -- Child custody -- Timesharing -- Modification -- Trial court erred in entering order modifying timesharing agreement which exceeded scope of relief requested, and without notice that modification issue was set for hearing

HEATHER ANN WORTHINGTON, Appellant, v. TIMOTHY GAIL WORTHINGTON, Appellee. 2nd District.

Foreclosure -- Unpaid homeowners association fees -- Trial court erred in denying request to stay proceedings and to vacate summary judgment of foreclosure where defendant notified court that he was serving on active duty in the U.S. Army, attached copy of his military orders which required him to be in Pennsylvania two weeks before scheduled summary judgment hearing, and requested relief under the Soldier and Sailors Civil Relief Act -- Although defendant did not strictly comply with provisions of SCRA, in that he did not provide a letter or other evidence from his commanding officer stating that his military duty prevented his appearance, court should have given defendant an opportunity to supplement his request for stay before proceeding

DAVID S. HIGGINS, Appellant, v. TIMBER SPRINGS HOMEOWNERS, ETC., Appellee. 5th District.

Garnishment -- Wages -- Dissolution of writ -- Trial court erred in dissolving writ of garnishment served on debtor's employer based solely on debtor's affirmations that, pursuant to a vow of poverty, she had renounced all earnings and paid her wages directly to religious order of which she was a member and for which she was purportedly acting as agent -- Debtor lacks standing to assert religious order's claim to garnished wages -- Debtor failed to prove existence of agency relationship where there was no evidence of religious order's acknowledgment that debtor acted as its agent or that it controlled her actions and no evidence of a contractual agreement between employer and the religious order regarding debtor's employment

MERRIMAN INVESTMENTS, LLC, etc., Appellant, vs. THERESE UJOWUNDU, et al., Appellees. 3rd District.

Jurisdiction -- Civil procedure -- Service of process -- Evidentiary hearing -- Although summons was regular on its face in contradiction of defendant's allegation, trial court erred in not holding an evidentiary hearing after defendant submitted affidavit of non-service alleging summons was improperly left on her apartment doorstep

TIARA DAVIS, Appellant, v. NATIONAL COLLEGIATE STUDENT LOAN TRUST 2004-2, a Delaware Statutory Trust, Appellee. 4th District.

Receivership -- Condominiums -- Court's inherent, equitable authority to appoint a receiver in cases involving a non-profit condominium association is not restricted by statutes

GRANADA LAKES VILLAS CONDOMINIUM ASSOCIATION, INC., Petitioner, vs. METRO-DADE INVESTMENTS CO., et al., Respondents. Supreme Court of Florida.

Res judicata -- District court properly dismissed antitrust counterclaim in instant case where claim raised was identical to claim raised and litigated in another antitrust lawsuit between the same parties, and circuit court affirmed dismissal of that complaint -- Appellees' request for award of fees and costs under rule 38 denied

AKANTHOS CAPITAL MANAGEMENT, LLC, CNH CA MASTER ACCOUNT, L.P., et al., Plaintiffs-Appellees, v. ATLANTICUS HOLDINGS CORPORATION, Defendant-Appellant. 11th Circuit.

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