Family law, child custody, consumer protection, foreclosure and assorted desserts

Dissolution of marriage -- Equitable distribution -- Error to treat an IRA account inherited by husband from his mother as a marital asset and to award it to wife -- Where parties entered into a stipulation to sell a commercial marital property, with wife to receive $250,000 from the sale proceeds, which she was to use as temporary support for herself and children, it was error for trial court to decline to treat the funds given to wife as either previously paid support or as a distributed asset -- Child support -- In calculating child support award, it was error to fail to deduct the amount of periodic alimony payable to wife in determining husband's net income
RANDY V. HEYSEK, Appellant/Cross-Appellee, v. MARY L. HEYSEK, Appellee/Cross-Appellant. 2nd District.
Taylor v. Homecomings Financial, LLC ,(N.D.Fla.) Real Property - Lender's disclosure of effects of negative amortization met Truth in Lending Act (TILA) requirements. Under Florida law, the plain language of a residential mortgage note, which repeatedly and unmistakably indicated that a mortgagor's monthly payments might not be sufficient to cover the interest, and that any deficiency would be added to the note's principal, did not require a mortgagee or a loan servicer to apply at least a portion of each monthly mortgage payment to the principal. Although the mortgagee made Truth in Lending Act (TILA) disclosures in a form that varied from sample language in a staff interpretation, the language was found to sufficiently notify the borrower of the effects of negative amortization.
Liens -- Home builder's equitable lien on undisbursed construction funds held by construction loan lender -- Where lender retained final construction draw after owner refused to proceed with required end closing on completed home construction, it was error to award builder an equitable lien on the undisbursed construction funds held by lender -- Because parties' written agreement authorized lender to retain the final construction draw if the owner did not proceed with the end closing, lender's retention of undisbursed construction funds was not inequitable under the circumstances, and builder failed to establish unjust enrichment necessary to establish its equitable lien claim
CTX MORTGAGE COMPANY, LLC, Appellant, v. ADVANTAGE BUILDERS OF AMERICA, INC., a Florida corporation, Appellee. 2nd District.
Mortgage foreclosure -- Intervention -- Trial court properly denied motion to intervene filed by parties who sought to intervene more than twenty days after mortgagee had filed foreclosure complaint and filed notice of lis pendens -- Section 48.23(1)(b), Florida Statutes (2008), which allows the holders of unrecorded property interests only twenty days from the recording date of a lis pendens to intervene in an action affecting property does not unconstitutionally violate the principle of separation of powers by infringing on the rulemaking authority of the Florida Supreme Court -- Statute is substantive, and any procedural provisions contained within it are intimately related to the definition of those substantive rights
KHILENA ADHIN, TENITA ISAACS, ET AL., Appellants, v. FIRST HORIZON HOME LOANS, ETC., ET AL., Appellee. 5th District.
Torts -- Premises liability -- Slip and fall on slippery substance in grandstand of greyhound track operated by defendant -- Trial court abused discretion in denying plaintiff's motion to amend complaint to allege breach of a nondelegable duty by defendant -- Court erroneously found that proposed amendment would be futile because statute of limitations on plaintiff's claims had run and proposed amendment would not relate back to original pleading which alleged active negligence -- Claim based on breach of nondelegable duty is not a separate and distinct cause of action from cause of action based on active or direct negligence -- Trial court erred in entering summary judgment for defendant on ground that complaint failed to state cause of action against defendant for breach of its nondelegable duty to maintain premises in reasonably safe condition because plaintiff had not specifically alleged either a breach of a nondelegable duty by defendant or a basis to impose vicarious liability on defendant for actions of cleaning company which had contracted to clean and maintain the facility, and that there was no basis for a claim against defendant for active negligence -- Cause of action for breach of a nondelegable duty and cause of action for vicarious liability have different rationales, and liability for breach of nondelegable duty is a direct liability
ROBERT L. ARMIGER, Appellant, v. ASSOCIATED OUTDOOR CLUBS, INC., and CLEAN SWEEP SUPPLY COMPANY, Appellees. 2nd District.
Wrongful death -- Nursing homes -- Arbitration -- Trial court did not err in compelling arbitration of estate's wrongful death claim against nursing home pursuant to arbitration provision in admission agreement -- Nursing home arbitration agreement executed by a patient is binding on his estate and survivors in wrongful death claim -- Question certified: Does the execution of a nursing home arbitration agreement by a party with the capacity to contract, bind the patient's estate and statutory heirs in a subsequent wrongful death action arising from an alleged tort within the scope of an otherwise valid arbitration agreement?
DEBRA LAIZURE, AS PERSONAL REPRESENTATIVE, ETC., Appellant, v. AVANTE AT LEESBURG, INC., a/k/a AVANTE AT LEESBURG OUTPATIENT REHAB., INC., AVANTE ANCILLARY SERVICES, INC., and AVANTE GROUP, INC., Appellees. 5th District.
Dissolution of marriage -- Equitable distribution -- Error to allocate parties' marital assets without accounting for decrease in value of husband's stock portfolio at time of final hearing -- Husband did not invite error by stipulating to amounts which were potentially subject to equitable distribution at time husband petitioned for dissolution where husband then requested court to account for decrease in stock portfolio's value by time of final hearing -- Husband's argument that final judgment is deficient because its form does not comply with statute is moot given reversal of final judgment, but trial court should insure on remand that form of final judgment complies with statute
KEVIN TILLMAN, Appellant, v. SEBILA ALTUNAY, Appellee. 4th District.
Dissolution of marriage -- Judgment -- Although trial court's verbatim adoption of husband's proposed final judgment, standing alone, did not establish that judgment did not reflect judge's independent decision-making, final judgment contained errors and omissions which created appearance that this was the case and reversal is required -- Child custody -- Error to order rotating custody where record was devoid of evidence that would support change in parenting schedule in effect at time of final hearing -- Moreover, parties reached mediation agreement which included stipulation to allow mental health therapist who was counseling children to recommend husband's visitation schedule, and therapist recommended against expanding visitation schedule that was in effect at time of hearing -- Equitable distribution -- Depleted assets -- Error to assign to wife funds withdrawn from her 401(k) account where testimony was uncontradicted that the depleted funds were used for marital expenses, and trial court made no finding of misconduct with respect to wife's use of funds -- Marital home -- Value assigned to marital home was not supported by findings of fact or competent substantial evidence -- Award of lump sum equalizing payment was apparently result of overvaluation of marital home and improper assignment to wife of her depleted 401(k) assets and must be reversed -- Moreover, even if assets had been valued and assigned properly, neither would have provided ability for wife to make the cash equalizing payment ordered
VICTORIA LYNN BISHOP, Appellant, v. TODD CAMERON BISHOP, Appellee. 2nd District.
Insurance -- Uninsured motorist -- New trial -- Trial court did not abuse discretion in granting insured plaintiff a new trial in action against insurer where court had entered summary judgment for plaintiff on liability, and jury awarded plaintiff zero damages upon finding that automobile accident was not a legal cause of any injuries to plaintiff -- Trial court did not abuse discretion by finding that jury verdict was contrary to manifest weight of evidence that plaintiff required some reasonable diagnostic testing where no evidence was presented that any of the diagnostic tests that were performed were not reasonable or necessary to determine whether the accident caused plaintiff's complained of injuries
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, vs. JUAN M. FLORES, Appellee. 3rd District.
Insurance -- Windstorm -- Authority of agent to bind insurer -- Where insurance application clearly provided, on page two, actual notice of limitations on insurance agent's authority to bind the insurer; applicant did not receive page two of application, but a printed line directly above the signature line on page one of application stated, “I further understand and agree to the terms as set forth on page 2”; and applicant's principal admitted that when he signed the application, he understood page two was part of the entire application but never asked to review the page, applicant was placed on inquiry notice and therefore subject to limitations imposed on agent by insurer -- Trial court erred in finding there was no evidence that applicant was ever put on notice of any limitations on agent's authority to bind coverage -- Trial court did not err by failing to apply incorporation by reference doctrine as to page two of insurance application as a matter of law where language on page one of application neither made it subject to terms and conditions on page two nor expressly referred to or described the agency disclaimer on page two
CITIZENS PROPERTY INSURANCE CORPORATION, a Florida corporation, Appellant, v. EUROPEAN WOODCRAFT & MICA DESIGN, INC., a Florida corporation, and GLOBAL INSURANCE SERVICES, INC., a Florida corporation, Appellees. 4th District.
Torts -- Cruise ship -- Punitive damages -- Discovery -- Trial court departed from essential requirements of law by granting plaintiffs leave to amend complaint to assert claim for punitive damages without conducting evidentiary inquiry to determine whether a reasonable basis exists for recovery of punitive damages -- Certain of plaintiffs' discovery requests are barred by appellate court's prior decision quashing discovery order and limiting scope of discovery, and trial court improperly denied defendant's motion for protective order as to those requests -- Remand with directions to assign case to a different judge
ROYAL CARIBBEAN CRUISES, LTD., Petitioner, vs. JANE DOE & JANE DOE, AS NATURAL PARENT AND GUARDIAN OF SARA DOE, A MINOR, Respondents. 3rd District.
Wrongful death -- Medical malpractice -- Error to rule that medical malpractice presuit requirements did not apply to negligence claim against hospital arising out of incident in which decedent, after having been admitted to hospital emergency room purportedly in a disoriented and confused state, fell off stretcher and suffered head injuries that caused his death where complaint asserted claims relating to hospital's standard of care in evaluating condition of patients admitted to emergency room and adequacy of hospital's procedures for managing and supervising patients admitted to emergency rooms
INDIAN RIVER MEMORIAL HOSPITAL, INC., Petitioner, v. KATHLEEN BROWNE, as Personal Representative of the ESTATE OF THOMAS BROWNE, Respondent. 4th District.
Landlord-tenant -- Eviction -- Standing -- Plaintiff lost standing to file eviction action for possession when final judgment of foreclosure was entered for leased premises and certificate of title was issued to lender
VIEW OPINION

Child custody -- Modification -- Venue -- Error to transfer venue on mother's supplemental petition to modify child custody order where venue was proper where petition was filed and no showing was made that another proper venue was more convenient
JESSICA RESOR, Appellant, v. CHRIS WELLING, Appellee. 5th District.
Dissolution of marriage -- Child support -- Error to fail to include in final judgment awarding child support any findings concerning incomes of parties -- Error to fail to address health care coverage for minor child, child care costs, and noncovered medical, dental, and prescription medication expenses
GLORIA L. WHITTINGHAM, Appellant, v. CHRISTOPHER A. WHITTINGHAM, Appellee. 2nd District.
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Parsley, rosemary, sage, thyme sprinkled over some new decisions

Counties -- School boards -- Termination of teacher's employment -- Teacher had right to counsel at investigatory interview conducted by investigator for school board's office of professional standards -- By its adopted policy, school board elected not to conduct investigations into allegations of teacher misconduct, but instead delegated its investigatory authority over these types of complaints to office of professional standards, and office of professional standards investigator's investigation constitutes an “agency in investigation” as that phrase is used in section 120.62(2), Florida Statutes
Reported at 34 Fla. L. Weekly D2488b

Condominiums -- Where condominium association filed petition for temporary injunction against unit owner, and court denied petition and returned matter to arbitration, award of attorney's fees to unit owner as prevailing party was premature -- Award of fees was error because the non-final order denying the petition for injunction did not end the litigation between the parties, and no final determination on the merits had been made
Reported at 34 Fla. L. Weekly D2501a

Non-named parties -- Defendant was entitled to award of attorney's fees against parties who were not named as plaintiffs, but who financed and had control over litigation -- Non-named parties' involvement in litigation was such that their status rose to level of a “party” -- Defendant was entitled to award of attorney's fees under civil theft statute where plaintiff's civil theft claim was without substantial legal support -- Defendant was not entitled to award of attorney's fees against non-named parties under offer of judgment statute where offer was not served on non-named parties
Reported at 34 Fla. L. Weekly D2496a

Contracts -- Action alleging that defendant breached contract for sale and purchase of LP gas by charging plaintiff for tank rental where contract only allowed defendant to change its charges for gas or gas service, and that tank is neither gas nor a service -- Error to enter summary judgment for defendant -- Breach of contract claim was not barred on ground that contract was terminable at will, where plaintiff alleged that defendant breached contract while it was in effect -- Summary judgment was improper where there was factual issue as to whether tank rental was a “service”
Reported at 34 Fla. L. Weekly D2485a

Contracts -- Specific performance -- Limitation of actions -- Equitable estoppel -- Doctrine of equitable estoppel acts as bar to statute of limitations defense, and its application is wholly independent of statute of limitations and its tolling provisions -- Trial court erred in relying on tolling statute to determine whether plaintiff's claims for specific performance were barred by statute of limitations where plaintiff asserted that defendant was equitably estopped from asserting statute of limitations defense -- Record will not permit appellate court to affirm on alternate basis that plaintiff did not allege sufficient facts to raise defense of equitable estoppel where adequacy of allegations was not at issue in trial court and, accordingly, plaintiff had no opportunity to address issue or proffer additional facts -- Trial court correctly dismissed count seeking to plead equitable estoppel as a separate cause of action -- Plaintiff entitled to new trial on breach of contract claim where jury found defendant had breached contract, but awarded zero damages despite uncontradicted evidence establishing more than nominal damages
Reported at 34 Fla. L. Weekly D2490a

Creditors' rights -- Garnishment -- Priorities -- Trial court properly determined that judgment lien controlled distribution of cash bond that had been deposited with clerk of court in an unrelated case and returned to debtor's attorney upon close of case -- Intervenor which claimed security interest in cash bond based on Uniform Commercial Code financing statement failed to establish that cash bond fell under any of the categories of collateral described in security agreement -- Cash bond was not an account, general intangible, deposit account, or financial asset within the meaning of UCC -- Assuming cash bond could be categorized as “money,” a security interest in money may be perfected only by secured party's taking possession under section 679.3131, a circumstance which did not occur in this case -- Jury trial -- Intervenor waived its right to jury trial by participating in non-jury trial
Reported at 34 Fla. L. Weekly D2495a

Employment discrimination -- Handicapped employees -- Plaintiff alleging employer discriminated against her when it terminated her from her cashier position because she had HIV, in violation of Florida Omnibus AIDS Act and Florida Civil Rights Act -- Evidence -- Trial court abused its discretion in admitting into evidence the “no reasonable cause” determination letter issued by county agency authorized to conduct investigations for Equal Employment Opportunity Commission because the conclusory nature of the agency's determination letter left it with little probative value compared to the substantial prejudicial effect it may have had on jury's ultimate assessment of plaintiff's credibility and the pivotal determination as to whether plaintiff had provided a doctor's note to her employer following her HIV-related absence -- Appellate court cannot say that erroneous admission of this evidence was harmless -- Discussion of admissibility of administrative findings and conclusions of EEOC or similar enforcement agency in a subsequent jury trial de novo under Florida Civil Rights Act or similar statutes
Reported at 34 Fla. L. Weekly D2477a

Commercial property damage -- Insolvent insurers -- Where insolvent insurance company which was Florida Insurance Guaranty Association's predecessor failed to comply with notice requirements of statute, insured was not required to submit to loss appraisal process -- FIGA is not exempt from notice requirement -- Line of cases refusing to hold FIGA liable for misdeeds of defunct insurer, beyond those arising out of an insurance policy, does not provide basis for avoiding application of statute -- FIGA's contention that appraisal process here is not a “precondition to legal action” within meaning of statute rejected in view of fact that FIGA requested stay in circuit court until contractual loss appraisal process was completed
Reported at 34 Fla. L. Weekly D2481a

Insurance -- Personal injury protection -- Defendant insurer's claim that it was not required to pay medical provider's bills because provider did not provide insurer with proper written notice of a covered loss where initial set of bills did not include a disclosure and acknowledgment form, and box 31 of CMS-1500 form did not contain physician's license number -- Where bills furnished to insurer contained physician's name, bills were substantially complete, and provided proper notice to insurer -- Even if physician's license number were deemed a material provision of statements or bills, absence of license number was cured by later submission of number to insurer -- Failure of medical provider to provide disclosure and acknowledgment form with initial set of bills was cured by submitting form prior to litigation -- Circuit court appellate division did not depart from essential requirements of law in affirming county court's entry of summary judgment for medical provider in action seeking unpaid benefits
Reported at 34 Fla. L. Weekly D2500a

Mortgage foreclosure -- Condominium unit -- Trial court erred in entering order requiring mortgagee to diligently proceed with pending foreclosure action within thirty days, or pay monthly maintenance fees on condominium unit in foreclosure
Reported at 34 Fla. L. Weekly D2505b

Torts -- Action by employee of window subcontractor and his wife against another subcontractor who installed safety railings at construction site, alleging that safety railings were negligently installed -- No error in entering summary judgment in favor of defendant on negligence issues where uncontested evidence established that defendant did not negligently install guardrail system -- Affidavit of plaintiff's human factors and industrial safety expert that “Safety Boot guardrail system was not properly installed” was based upon expert's reference to manufacturer's installation instructions depicting required railings, not upon expert's personal knowledge
Reported at 34 Fla. L. Weekly D2484a

Torts -- Automobile accident -- New trial -- Action by driver of motorcycle which collided with SUV driven by defendant when defendant's vehicle exited a parking lot and made a left-hand turn across lane in which plaintiff was traveling -- Plaintiff's motion for new trial on ground that jury verdict for defendant was against manifest weight of evidence -- Trial court did not abuse discretion in denying motion for new trial where there was conflicting evidence as to whether plaintiff ran red light before colliding with defendant's vehicle -- In denying motion for new trial, court was not required to articulate specifically that jury's finding was not contrary to manifest weight of evidence
Reported at 34 Fla. L. Weekly D2498a

Venue -- State agencies -- Home venue privilege -- Action filed in Pinellas County against state agencies and former employees of reform school, alleging causes of action against state agencies and individual defendants for violations of Declaration of Rights of Florida Constitution, and against individual defendants for assault and battery and intentional infliction of emotional distress -- Error to deny motion to transfer venue to Leon County, where state agencies have their headquarters -- State agencies did not waive home venue privilege by agreeing that venue was proper in either Leon County or Jackson County -- Joint tortfeasor exception to home venue privilege was not applicable where plaintiffs did not establish a statutory basis for venue against any defendants in Pinellas County -- Where state agencies and individual defendants are willing to submit to venue in either Leon County or Jackson County, and plaintiffs have indicated that they would prefer to try the case in Leon County, transfer of venue to Leon County is proper -- Appeals -- Order denying defendants' motion to transfer venue without prejudice is an appealable non-final order that concerns venue
Reported at 34 Fla. L. Weekly D2486b

Bankruptcy -- Adversary proceedings -- Contracts -- Chapter 11 trustee brought adversary proceeding against customer to recover amounts owed under fulfillment warehouse contract, and customer filed counterclaim seeking to recoup or setoff costs incurred to remove its property from debtor's warehouse -- Summary judgment affidavits of customer's employee were based on personal knowledge, and thus were admissible, where employee based statements in affidavits on her review of customer's business records -- Amendment of trustee's answer to counterclaim by changing two admissions to denials is in interest of justice, good cause exists for amendments, neither substantial nor undue prejudice will be incurred by allowance, and underlying motivation is neither rooted in bad faith nor generally dilatory in nature -- Recoupment -- Debtor's claim against customer for compensation due under fulfillment warehouse contract and customer's claim against debtor for damages arising from debtor's post-petition non-performance under contract did not arise from same transaction, and thus customer could not assert recoupment claim -- Setoff -- Damages sustained by customer as result of trustee's rejection of fulfillment warehouse contract are deemed to have arisen prepetition, and thus customer could setoff damages arising from removal of property from debtor's warehouse against funds owed debtor in form of outstanding invoices arising under contract
Reported at 22 Fla. L. Weekly Fed. B144a

Bankruptcy -- Confirmation -- Chapter 11 plan -- Liquidating plan pursuant to which debtor proposes to transfer substantially all of its assets free and clear of junior liens and encumbrances to mortgagee, who held perfected first mortgage lien and security interest in all of debtor's assets as of petition date, should be confirmed -- Debtor's revised joint plan of reorganization satisfies requirements for confirmation set forth in Section 1129 of Bankruptcy Code where debtor has been and will continue to be affected by decline in property values and unfavorable real estate market that has been experienced nationwide and plan will result in benefits to creditors that may not be available if case were dismissed or converted -- Objections to confirmation by claimants who had entered into prepetition agreements to purchase condominium units or related property from debtor on ground that plan impermissibly strips purchase contract claimants' equitable vendees' liens from debtor's real properties and improperly permits debtor to assign their deposits to mortgagee should be overruled, because claimants' claims, to extent they assert an interest in real property, have been disallowed, and because claimant's rights to deposits are preserved in plan
Reported at 22 Fla. L. Weekly Fed. B139a

Bankruptcy -- Discharge -- Denial -- Transfer or concealment of assets with intent to hinder, delay, or defraud creditor -- Bankruptcy court did not err in denying discharge based on finding that debtor had, with intent to shield assets from his creditors, diverted the fruits of his labor to increase the value of his wife's business and then used business assets to support his personal lifestyle -- Continuing concealment doctrine precludes debtor's contention that he could not have “concealed” assets from creditor within the one-year look-back period of section 727(a)(2)(A) because creditor had learned about debtor's alleged equitable interests more than a year before bankruptcy petition was filed
Reported at 22 Fla. L. Weekly Fed. C292a

Bankruptcy -- Discharge -- Complaint -- Amendment of pleadings to add various factual allegations is not required where evidence outside pleadings that was admitted and considered by trial court does not present a basis for relief -- False oath or account -- Omissions from Statement of Financial Affairs of transfers of debtor's interests outside ordinary course of business constitute false oaths and are cause for denial of discharge under section 727(a)(4)(A) because failure to disclose these transfers in debtor's schedules and statements was material and willful -- With fraudulent intent, debtor made deliberate omissions from his schedules and statements, and cannot shield this intent behind plea that he was merely following advice of counsel -- Prepetition fraudulent transfers -- Denial of discharge under Section 727(a)(2)(A) for fraudulent transfer of property within year prior to filing of petition is not warranted because evidence was insufficient to establish fraudulent transfer -- Under section 727(a)(2), transfer of funds from debtor's home equity line to IRA was not fraudulent where result of transaction was to make more assets available to creditors -- Conversion of exempt assets into non-exempt assets by inadvertence, with negative consequences to debtor, cannot be a fraudulent transfer -- Prepetition transfer or concealment of estate property of insider -- Denial of discharge based on allegations that debtor concealed or destroyed property of estate of insider of debtor is not warranted where plaintiff presented evidence regarding concealment or destruction of cabinet doors in facilities used by insider, but failed to establish that cabinet doors were, at that time, property of insider's bankruptcy estate -- Failure to satisfactorily explain loss of assets -- Issues of whether debtor satisfactorily explained whereabouts of his Rolex watch or alleged disposition of that watch and whether debtor satisfactorily explained disposition of $7,000 in cash obtained within six months of filing of bankruptcy are questions of fact -- Failure to maintain adequate books and records -- Denial of discharge pursuant to section 727(a)(3) for failure to keep or preserve recorded information is not warranted where failure to keep and maintain records documenting sale of debtor's Rolex watch is justified given that sale of 20 year old watch was cash transaction between acquaintances while on vacation
Reported at 22 Fla. L. Weekly Fed. B131a

Bankruptcy -- Liens -- Validity, extent, and priority -- Chapter 7 trustee holds superior right, claim, title, lien and interest in property referenced in lien claimed by defendants pursuant to financing statement filed in Pennsylvania, including, but not limited to, account receivable allegedly owed to debtor -- Because defendants' security interest was never perfected, trustee can avoid the lien under Section 544(a), and preserve it under Section 551 for benefit of estate and thus for benefit of all creditors -- Defendants' lien is unperfected, rendering it unsecured, where financing statement with respect to Florida debtor should have been filed in Florida, not Pennsylvania -- Trustee is free to administer such assets of bankruptcy estate, free and clear of any claim of right , title, lien, or interest by defendants -- Defendants permanently enjoined from collecting, in any manner whatsoever, on any receivables of debtor, including, but not limited to account receivable owed to debtor under contract; such property detailed in financing statement; or any other assets of estate -- Issuance of injunction is necessary and appropriate where immediate and irreparable injury will result to trustee if defendants are free to collect on receivables of debtor, property detailed in financing statement, and any other assets of estate, issuance of injunction does not substantially affect public interest and will benefit public interest by maintaining status quo, and trustee has no adequate remedy at law, as best legal remedy would relegate trustee to filing separate claim for damages each time it is injured anew -- Damages -- Defendants committed willful violations of automatic stay by manifesting the intent to violate stay in demand letter -- As sanctions, trustee is entitled to award of attorney's fees and costs associated with defendants' conduct in attempting to collect on assets which are property of bankruptcy estate -- Trustee is not entitled to additional sanctions because no showing of actual damages other than attorney's fees and costs has been made -- Punitive damages may not be awarded
Reported at 22 Fla. L. Weekly Fed. B148a

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