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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Certiorari, civil procedure, and linguine with fresh pineapple sage, fresh rosemary, organic cream, and shaved asiago

Attorney’s fees -- Offer of judgment -- Although complaint made passing reference to equitable relief, action was one for damages, and plaintiff would be entitled to attorney’s fees under offer of judgment statute if he recovers a judgment in an amount at least 25 percent greater than the offer
FAITH FREIGHT FORWARDING CORPORATION, Appellant/Cross-Appellee, v. CARLOS ANIAS, Appellee/Cross-Appellant. 3rd District.

Certiorari -- Jurisdiction -- Petitioner is not entitled to second-tier certiorari review of decision of circuit court appellate division regarding sufficiency of PIP policy language where there was no violation of a clearly established principle of law resulting in a miscarriage of justice by circuit court -- There was no clearly established principle of law where there are conflicting decisions of district courts of appeal on issue, and Florida Supreme Court has accepted jurisdiction to resolve the conflicting decisions
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Petitioner, v. HALLANDALE OPEN MRI, LLC, a/a/o ALEXIA BLAKE, Respondent. 3rd District.

Civil procedure -- Default -- Trial court abused discretion by entering default judgment after defendants filed motion to dismiss and motion to clarify instead of an answer
SILAS PIERCE AND ESTATE SALES STARS, Appellants, v. CHRISTOPHER KROHA, Appellee. 5th District.

Civil procedure -- Dismissal of complaint -- Action by condominium unit owner against another unit owner and condominium association alleging that improper installation of carpet on roof of condominium building resulted in water damage to plaintiff’s unit -- Appeals -- Order dismissing five of six counts against association is a non-final, non-appealable order where the remaining count arises out of the same facts as the dismissed counts -- Where claims were filed against unit owner individually and as trustee, it was error to dismiss claims against trustee where motion to dismiss was filed solely by individual, and trustee was not a movant -- Trial court erred in dismissing claims in amended complaint as barred by statute of limitations where claims in amended complaint arose from same conduct, transaction, or occurrence alleged in initial timely complaint, so that amended complaint relates back to initial complaint
BROOK ANDERSON, Appellant, v. IRA EPSTEIN, etc., et al., Appellees. 3rd District.

Dissolution of marriage -- Alimony -- Trial court abused discretion in failing to award wife permanent alimony -- Because marriage was long-term marriage, there was an initial presumption in favor of permanent alimony, and husband did not present sufficient evidence to rebut this presumption -- Court erroneously denied request for permanent alimony on basis of figures set forth in wife’s most recent financial affidavit where affidavit was based on wife’s current living arrangements -- Permanent alimony is used to provide for the needs and necessities of life for a former spouse as they were established during the marriage

CINDI B. CLEMENS, Appellant, v. MICHAEL P. CLEMENS, Appellee. 5th District.

Dissolution of marriage -- Child custody -- Trial court did not exceed its discretionary authority by including in final judgment on parenting plan and timesharing a provision prohibiting father’s discussion of any religious matters during visitation with children where there was “clear, affirmative showing” on the record that father’s actions towards children, which he adamantly believed were religiously motivated, have been harmful to children
MICHAEL KOCH, Former Husband, Appellant, v. EMILY A. KOCH, Former Wife, Appellee. 1st District.

Dissolution of marriage -- Equitable distribution -- Trial court’s prospective-only award to former wife of her share of former husband’s pension on remand did not depart from appellate court’s mandate directing trial court to reconsider the proper disposition of the marital portion of pension by considering the factors in section 61.075, Florida Statutes -- Appellate attorney’s fees -- Trial court erred in denial of award of appellate attorney’s fees to former wife who prevailed on appeal -- Court’s finding that former husband was unable to pay appellate attorney’s fees contradicted its prior attorney’s fee award without any additional evidence or hearing, and was unsupported by record, given the large disparity in the parties’ incomes
ARVITA M. COLEMAN, Appellant, v. MICHAEL BLAND, Appellee. 5th District.

Dissolution of marriage -- Prohibition -- Intervenor’s claim did not survive parties’ voluntary dismissal of dissolution of marriage proceedings
CATHERINE CLAFLIN, Petitioner, vs. CLARENCE CHRISTOPHER CLAFLIN, Respondent, vs. MSP RECOVERY SERVICES, LLC, Intervenor. 3rd District.


Dissolution of marriage -- Provision characterizing award of attorney’s fees and costs as a form of support that is not dischargeable in bankruptcy or by any other means was improper -- Remand with instructions to strike this provision
FELIX DE JESUS GUERRA, Appellant, v. ANGELA GUERRA, Appellee. 2nd District.

Employer-employee relations -- Retaliatory discharge for filing workers’ compensation claim -- Damages -- Award of damages was excessive in light of absence of medical evidence that employer’s conduct caused employee’s medical condition to worsen or caused employee to suffer past or future psychological harm -- Remand for remittitur or new trial -- Judgment improperly awarded post-verdict interest -- Error to deny leave for employee to assert claim for punitive damages where there was a reasonable showing of a basis for recovery of such damages –

FAITH FREIGHT FORWARDING CORPORATION, Appellant/Cross-Appellee, v. CARLOS ANIAS, Appellee/Cross-Appellant. 3rd District.

Family law forms -- Amendment -- Memorandum for Certificate of Military Service
IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS. Supreme Court of Florida.

Family law forms -- Amendments -- Name change petitions
IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS. Supreme Court of Florida.

Florida Bar -- Rules -- Amendment -- Competence -- Minimum continuing legal education standards
IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA BAR 4-1.1 AND 6-10.3. Supreme Court of Florida.

Insurance -- Homeowners -- Sinkhole claims -- The statutory presumption of correctness afforded to an insurer’s internal report during the investigation process in the sinkhole statutes does not extend to later trial proceedings -- Attorney’s fees -- Insured prevailing in action against insurer -- A prevailing insured’s recovery of attorney’s fees under section 627.428, Florida Statutes, requires only an incorrect denial of benefits, not a showing of bad faith on the part of the insurer -- Insurer’s payment of policy proceeds after suit has been filed constitutes the functional equivalent of a confession of judgment, thereby entitling insured to an award of attorney’s fees
KATHY JOHNSON, Petitioner, v. OMEGA INSURANCE COMPANY, Respondent. Supreme Court of Florida.

Insurance -- Personal injury protection -- Sufficiency of language in PIP policy to put insureds on notice that reimbursement of medical bills will be limited by statutory schedule -- Appeals –

Mortgage foreclosure -- Error to grant summary judgment in favor of plaintiff where plaintiff failed to demonstrate legal insufficiency of affirmative defense that plaintiff failed to comply with paragraph 22 of mortgage regarding notice of acceleration -- Affidavit addressed to whether notice was actually sent to defendants did not address allegation that notice did not comply with requirements of mortgage
BALBINA A. YOUNG and LAWRENCE E. YOUNG, SR., Appellants, v. NATIONSTAR MORTGAGE, LLC, Appellee. 2nd District.

Mortgage foreclosure -- Evidence -- Hearsay -- Exceptions -- Business records -- Trial court abused its discretion in excluding bank’s business records, which included records from prior servicer, where bank’s witness demonstrated sufficient familiarity with boarding process which occurred after purchase of prior servicer’s assets and witness’s testimony established trustworthiness of prior servicer’s records
OCWEN LOAN SERVICING, LLC, Appellant, v. ROBERT GUNDERSEN and JOAN GUNDERSEN, Appellees. 4th District.

Promissory notes -- Power of attorney -- Trial court erred in dismissing counts of complaint filed by plaintiff as attorney-in-fact under powers of attorney executed by family members seeking to recover on promissory notes given to members of plaintiff’s family -- Although notes contained language barring assignment or transfer of notes without maker’s prior written consent, powers of attorney giving plaintiff the right to collect the sums due under the notes on behalf of the owners did not constitute an assignment or transfer of the notes -- Under the powers of attorney, plaintiff was acting as an agent of the owners of the notes
LUIS ANTONIO NIETO VILLAMIZAR a/k/a LUIS NIETO, individually and as Attorney in Fact, Appellant, v. LUNA DEVELOPMENTS GROUP, LLC, etc., et al., Appellees. 3rd District.

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Deficiency judgments, lis pendens, child support, and cage free eggs over turnip greens, heirloom tomatoes, and manchego cheese

Appeals -- Timeliness -- Appellate court has no jurisdiction of appeal of trial court's denial of award of fees under wrongful act doctrine where notice of appeal was filed more than six months after final judgment -- Letter to court which reargued facts of case, raised rhetorical questions, and asked legal advice, did not constitute a motion for rehearing which would suspend rendition of final judgment

MILDRED M. RAYBURN, and BEVERLY MELTON, Trustee of the WILLIAM BURR RAYBURN TRUST, ETC. ET. AL., Appellants, v. WILLIAM C. BRIGHT and WILBERTA A. BRIGHT, ET AL., Appellees. 5th District.

Arbitration -- Contracts -- Settlement agreement -- Under terms of settlement agreement which ultimately provided for merger of two companies, disputes relating to pre-merger loans were subject to two-step process, which required that any dispute be submitted initially to accounting firm for evaluation using “generally accepted accounting principles, consistently applied, and past practices” as parameters and then, if a party disagreed with accounting firm's application of accounting principles or past practices, required that dispute be resolved through binding arbitration -- Trial court's order submitting case to accounting firm for a binding decision as an arbitrator was contrary to parties' settlement agreement -- Remand for entry of order submitting case to accounting firm and ordering arbitration in event that either party disputes resolution reached by accountants

ROBIN RESNICK, Appellant, v. J. WEINSTEIN AND SONS, INC., a Florida corporation, and ABRAHAM RESNICK, individually, Appellees. 4th District.

Attorneys -- Disqualification -- Conflict of interest -- Motion to disqualify defendant's counsel in action for breach of non-disclosure agreement where defendant's counsel had represented plaintiff in other non-disclosure agreement matters ten years earlier -- Trial court erred in denying motion for disqualification on grounds of the time that had passed since the prior representation of plaintiff and the circumstances of the non-disclosure agreement -- Attorney's representation of parties involved substantially related matters

ASI HOLDING COMPANY, INC., A FLORIDA CORPORATION D/B/A AMENITY SERVICES, INC., Petitioner, v. ROYAL BEACH & GOLF RESORTS, LLC, Respondent. 1st District.

Attorney's fees -- Prevailing party -- Action for unpaid wages -- Award of prevailing party attorney's fees in action for unpaid wages is discretionary rather than mandatory -- Trial court did not abuse discretion in denying award of attorney's fees to plaintiff in her action for unpaid bonuses where plaintiff prevailed on some of her claims, and defendant prevailed on other claims -- Award of costs to prevailing party in action for unpaid wages is also discretionary, and trial court did not abuse discretion by denying award of costs to plaintiff

FILOMENA RUFFA, Appellant, v. SAFTPAY, INC., Appellee. 3rd District.

Attorney's fees -- Proposal for settlement -- Proposal which clearly announced that it addressed any and all claims and causes of action resulting from accident giving rise to lawsuit brought by injured plaintiff against driver of vehicle and which included and described all relevant conditions of the proposal was unambiguous and sufficient to meet particularity requirements of statute and rule -- Proposal did not need to address spouse's separate and distinct loss of consortium claim -- Trial court erred in characterizing proposal as a joint proposal and in denying claims for attorney's fees based on finding that the proposal failed to state amount and terms attributable to each party -- Requiring that codefendant/owner of vehicle be dismissed was merely condition attached to acceptance of offer and did not render proposal joint or invalidate it in any other way

GLENN MILEY and KYLE MILEY, Appellants, v. MARTHA NASH, Appellee. 2nd District.

Civil procedure -- Dismissal -- Two-dismissal rule -- Under two-dismissal rule, which provides that a notice of voluntary dismissal operates as an adjudication on the merits when served by a plaintiff who has previously dismissed the action, a notice of voluntary dismissal does not operate as an adjudication on the merits when it is preceded by an “agreed order” granting a defense motion to dismiss the case with leave to amend

CYPRESS FAIRWAY CONDOMINIUM ASSOCIATION, INC., Appellant, v. CYPRESS MADISON OWNERSHIP CO., ETC., ET AL., Appellees. 5th District.

Civil procedure -- Discovery -- Deposition of opposing counsel -- Order compelling litigant's in-house attorney, who is not the attorney of record but is directly involved in the litigation, to be deposed, is quashed because respondents failed to satisfy case law requirements for taking deposition of opposing counsel

ELLER-I.T.O. STEVEDORING COMPANY, L.L.C., Petitioner, v. LAZARO PANDOLFO and OLGA ALVAREZ a/k/a Olga Alvarez Sarria, Respondents. 3rd District.

Civil procedure -- New trial -- Abuse of discretion to grant defendant a new trial on the basis of cumulative unfair surprise where defendant either declined court offered continuance, or failed to request continuance, after each incident of claimed unfair surprise

RUVIM LONDON, Appellant/Cross-Appellee, v. VLADIMIR DUBROVIN, et. al., Appellees/Cross-Appellants. 3rd District.

Dissolution of marriage -- Attorney's fees -- Error to award attorney's fees to wife without making requisite written findings on husband's ability to pay and basis for specific payment plan imposed by court -- Judgment contained requisite findings on reasonableness of hours expended and hourly rate -- Husband cannot argue that trial court failed to make findings to support requirement that husband secure life insurance policy where husband agreed to purchase $100,000 life insurance policy and included such a provision in his proposed final judgment

CHRIS BECKSTROM, Appellant, v. JULIE BECKSTROM, Appellee. 4th District.

Dissolution of marriage -- Child support -- Modification -- Appeal from supplemental final judgment that modified husband's timesharing and child support based primarily on his relocation to foreign state -- Trial court abused its discretion in denying husband's requests for continuance based on late disclosure of wife's financial affidavit the day before final hearing -- Under controlling rule, requirement to provide financial affidavit in supplemental proceedings cannot be waived by parties; and in any event, there was no evidence of record that husband waived requirement -- Husband was prejudiced by late filing where he was unable to procure his own expert to review the alleged permanent decrease in income reflected in wife's affidavit -- Trial court erred in awarding retroactive support in absence of evidence that husband had ability to pay the amount ordered during the time period at issue -- No merit to husband's argument that trial court erred in including children's private school tuition as component on child support guidelines worksheets -- New hearing required on issue of child support

BRIAN K. GILROY, Appellant, v. PATRICIA A. GILROY, Appellee. 2nd District.

Dissolution of marriage -- Equitable distribution -- Errors regarding amount of debt and tax liability

MARGARET LEVITT, Appellant, v. ADAM LEVITT, Appellee. 5th District.

Injunctions -- Demolition of building by city -- Portion of injunction finding that city did not give proper notice of proposed demolition proceeding affirmed -- Error to enjoin city from demolishing building until pending foreclosure action is concluded -- Injunction erroneously fails to specify reasons for its entry, and there is no record support for injunction that prevents city's exercise of its right to demolish property once property owners have received proper notice

CITY OF MIAMI, Appellant, v. JP MORGAN CHASE BANK NATIONAL BANK, et. al., Appellees. 3rd District.

Injunctions -- Repeat violence -- No error in denying motion to dissolve injunction where motion challenged merits of injunction rather than alleging change in circumstances since injunction was entered

ALFRED WASHINGTON, Appellant, v. THELMA S. WASHINGTON, Appellee. 1st District.

Landlord-tenant -- Guarantors -- Summary judgment granted in favor of tenant and guarantors reversed as to guarantors because the motion only sought relief on behalf of tenant -- Appeals -- Jurisdiction -- Remainder of appeal dismissed because it is not an appealable partial final judgment

KENDALL COMMERCIAL ASSOCIATES, LLC, etc., Appellant, v. DRAKES, LLC, et. al., Appellees. 3rd District.

Limitation of actions -- Amended complaint -- Relation back -- Trial court erred in granting substituted defendant's motion for summary judgment on ground that statute of limitations had run where mistake in naming proper defendant was merely a misnomer, all the parties knew which entity the plaintiff intended to sue, and there was substantial identity of interest between the original defendant and substituted defendant -- Moreover, incorrectly named defendant engaged in extensive discovery and did not reveal that it was not the proper defendant until after statute of limitations had run -- Plaintiff not at fault for failing to inquire further after original defendant made conclusory statement in its first affirmative defense that it was “not a proper party to this action,” an assertion which was legally insufficient and inconsistent with its conduct in engaging in discovery

PAUL MAY, individually and as legal guardian of Jean May, Appellant, v. HCA HEALTH SERVICES OF FLORIDA, INC., d/b/a Blake Medical Center; FRANCISCO ESPARZA, M.D.; DAVID DIVITA, M.D.; and PINNACLE MEDICAL GROUP, P.A., Appellees. 2nd District.

Mortgage foreclosure -- Deficiency -- Action at law by mortgagee to recover damages for breach of note after mortgagee had included prayer for deficiency judgment in foreclosure complaint and trial court reserved jurisdiction in foreclosure judgment to enter deficiency judgment -- Trial court did not err in entering judgment for damages on note after consolidating the action at law and the foreclosure action

ROBERT G. REID, Appellant, v. COMPASS BANK, Appellee. 1st District.

Mortgage foreclosure -- Jury trial -- Where lender brought promissory note count against defendants in conjunction with mortgage foreclosure suit, defendants were not entitled to jury trial on promissory note action -- Legal remedy on promissory note in this context is deficiency judgment, and foreclosure courts are explicitly granted authority to enter this remedy -- Moreover, mortgage at issue contained jury trial waiver for any action related to mortgage or note -- Argument that plaintiff was not entitled to enforce jury trial waiver because it was not party to original contract is without merit, as plaintiff was holder of note and mortgage by virtue of an endorsement

TRENDA KINNEY f/k/a TRENDA BOUTIN and PETER KINNEY, Appellants, v. COUNTRYWIDE HOME LOANS SERVICING, L.P., et al., Appellees. 4th District.

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Attorney's fees, standing, dissolution of marriage, judges, and grilled squash with goat cheese and basal-balsamic vinaigrette over wild spinach

Appeals -- Appeal is premature where related indemnity claim is pending in trial court

PROFORMANCE PLASTERING OF PENSACOLA, INC., Appellant, v. THE WINDMERE OWNERS' ASSOCIATION, INC., CITIZEN PROPERTY INSURANCE CORPORATION; McCRORY BUILDING CO., INC., DELTA/UNITED SPECIALTIES, INC., ALL-SOUTH SUBCONTRACTORS, INC., BRADLEY MASONRY, INC., ET AL., Appellees. 1st District.

Attorneys -- Attorney's fees contract -- Trial court erred in denying petition for approval of a straight 40% contingency fee contract for representation of petitioner in a medical malpractice action -- Trial court is required by rule to approve petition as long as it finds that petitioner understood the rights that she was waiving and the terms of the fee contract

IN RE: CHARLES BUGGS, DECEASED, BY AND THROUGH LITA RENGIFO, PERSONAL REPRESENTATIVE, Appellant. 1st District.

Attorneys -- Disqualification -- Conflict of interest -- Trial court did not depart from essential requirements of law in determining that a conflict of interest existed and in disqualifying law firm representing both defendants in negligence suit and plaintiff's employer with respect to its workers' compensation lien against any judgment awarded to plaintiff as result of his lawsuit

ANHEUSER-BUSCH COMPANIES, INC. and ANHEUSER-BUSCH, INCORPORATED, Petitioners, v. CHRISTOPHER STAPLES, Respondent. 1st District.

Attorney's fees -- Appellate -- Trial court did not abuse discretion in using a fee multiplier of 1.5 in awarding appellate attorney's fees where the court had determined that a multiplier of 1.5 was appropriate in awarding trial court attorney's fees -- Claim that prevailing party attorney's fees provision in sections 175.061(5) and 185.05(5), Florida Statutes did not apply to a local government pension fund established pursuant to special law was not preserved where issue was not raised before trial court or argued on appeal

BOARD OF TRUSTEES OF THE JACKSONVILLE POLICE & FIRE FUND, Appellant, v. JOSEPH KICKLIGHTER, Appellee. 1st District.

Civil procedure -- Attorney's fees -- Timeliness of motion -- Tolling -- Pending post-judgment motion to set aside a final default judgment does not toll thirty-day time requirement for serving motion for attorney's fees and costs -- Trial court properly denied motion for attorney's fees and costs filed more than thirty days after final default judgment was filed

ASAP SERVICES, LLC, a Florida limited liability company, Appellant, vs. S A FLORIDA INTERNATIONAL, LLC, a foreign limited liability company, d/b/a OEC LATIN AMERICA, Appellee. 3rd District.

Civil procedure -- Dismissal -- Failure to prosecute -- Error to grant motion to dismiss for lack of prosecution where movant did not provide required sixty-day notice required by revised rule and neither movant nor trial court recognized three instances of record activity preceding dismissal -- Any filing of record during applicable time frame is sufficient to preclude dismissal without requiring that court find that the filing is intended to affirmatively move case toward resolution on merits

AEGIS, LLC., ETC., Appellant, v. MOHAMED MAWJI, FATEMA MAWJI, et al., Appellees. 5th District.

Contracts -- Action by manager of aircraft fleet against fixed base operator seeking damages pursuant to fixed base services agreement for damage caused to plaintiff's aircraft by defendant -- Claims for damage caused to some aircraft more than four years before breach of contract action was filed were barred by Texas statute of limitations -- Under Texas law, it was error to find that plaintiff was not entitled to recover damages for other damaged aircraft because plaintiff made an unreasonable pre-suit demand -- Remand for new trial on damages -- On remand, existence of, or amount of insurance coverage, is not relevant to issue of damages, and is not a proper matter for jury's consideration -- Similarly, defendant may not assert as an affirmative defense the duty to cooperate, which is an implied condition in the performance of a contract and, thus, relates solely to the issue of liability, not damages

BOMBARDIER AEROSPACE CORPORATION, Appellant/Cross-Appellee, v. SIGNATURE FLIGHT SUPPORT CORPORATION, Appellee/Cross-Appellant. 5th District.

Contracts -- Staffing agreement -- Indemnification -- Error to dismiss with prejudice fifth amended complaint alleging defendant breached duty to indemnify plaintiff for claims against plaintiff which were caused by defendant's employees -- Although defendant contended that plaintiff was not party to contract, plaintiff alleged the agreement extended coverage to contracting corporation's subsidiary, referred to on the contract's signature page as the plaintiff, and fifth amended complaint also alleged that the plaintiff was the contracting corporation's subsidiary and that defendant had contracted with the plaintiff for temporary employment services -- Further, although defendant alleged its duty to indemnify was limited to temporary employees listed in certain schedule, the contract required defendant to indemnify plaintiff for claims caused by the defendant's employees in general -- Accordingly, plaintiff adequately pled that the defendant breached contract by refusing to indemnify plaintiff for claim caused by defendant's employee

REPUBLIC SERVICES OF FLORIDA, LIMITED PARTNERSHIP, d/b/a ALL SERVICE REFUSE a foreign limited partnership, Appellant, v. WORKERS TEMPORARY STAFFING INC., a Florida corporation, Appellee. 4th District.

Dissolution of marriage -- Alimony -- Error to fail to include in final judgment findings relating to all factors listed in statute -- Equitable distribution -- Error to distribute marital assets and liabilities without stating value of each asset and amount of each liability -- Attorney's fees -- Award of attorney's fees to be reevaluated after clarification of equitable distribution scheme and alimony

RALPH PATINO, Appellant, v. YOLANDA PATINO, Appellee. 4th District.

Dissolution of marriage -- Alimony -- Where marriage fell in “gray area” between a short-term and long-term marriage, it was an abuse of discretion to award wife nominal alimony without factual findings regarding statutory factors for award of alimony

EMMANUEL TURCOTTE, Appellant, v. MICHELLE TURCOTTE, Appellee. 2nd District.

Dissolution of marriage -- Child custody -- Relocation of child -- Final judgment denying former wife's petition to relocate with child born of marriage is well-supported by evidence -- No merit to argument that trial court erred in applying factors enumerated in section 61.13001(7) to find that former wife failed to prove by preponderance of evidence that relocation was in best interest of child, but instead should have required former husband to prove that there had been a substantial change in circumstances since entry of initial judgment determining time-sharing, pursuant to section 61.13 -- Former husband was not required to prove a substantial change in circumstances because he was merely seeking enforcement of time-sharing schedule set forth in initial judgment, not a modification of time-sharing schedule

MISTIE FETZER, Appellant, v. KYLE T. EVANS, Appellee. 5th District.

Dissolution of marriage -- Equitable distribution -- Qualified domestic relations order -- 401(k) -- Valuation -- In calculating one-half share of husband's 401(k) plan to be awarded to wife under terms of mediated settlement, trial court erred in including value of outstanding loans taken out by former husband to support parties' lifestyle -- Including outstanding loan balances in amount to be distributed to former wife would result in inequitable distribution and windfall to her and would leave undisposed marital liabilities represented by the loans -- Remand for modification of QDRO to provide that outstanding unpaid loans, as they existed on date of valuation, will not be included in distribution to former wife

JOEL C. TEAGUE, Appellant, v. LORA L. TEAGUE, Appellee. 4th District.

Dissolution of marriage -- Trial court abused discretion in requiring former husband to maintain life insurance policy as security for alimony without finding that husband could afford to maintain the policy and without finding that life insurance was necessary to secure alimony obligation

JEFFREY FROESCHLE, Appellant, v. LEONORE FROESCHLE, Appellee. 2nd District.

Judges -- Disqualification -- Challenge to blanket order from judge disqualifying herself from all cases involving a particular attorney employed by the public defender as the supervising division chief for the division in which the judge was the presiding judge -- Although trial judge had authority to disqualify herself in all cases involving a specific attorney under appropriate circumstances, judge departed from essential requirements of law by filing an “order” of blanket disqualification in a specific court file and including in this order the judge's personal opinions regarding the attorney's reputation and professionalism -- Order to be stricken from case in which it was filed -- If judge concludes that her relationship with this lawyer is such that she will be unable to treat lawyer's clients fairly, she can provide written notice of blanket disqualification to chief judge and clerk of circuit court and file typical notice of disqualification without further explanation in any affected court file

JULIANNE HOLT, Public Defender for the Thirteenth Judicial Circuit, Hillsborough County, Petitioner, v. HONORABLE TRACY SHEEHAN, Circuit Court Judge, Hillsborough County, Respondent. 2nd District.

Judges -- Disqualification -- Prohibition -- Disqualification required where, although motion was legally insufficient, judge took issue with facts alleged in motion

ALAN SCOTT MCPHERSON, Petitioner, v. DANA EARLE MCPHERSON, Respondent. 4th District.

Mandamus -- Judges -- Disqualification -- Motion to disqualify should have been deemed granted after expiration of 30-day period following service of motion -- Order denying motion more than three months after it was filed quashed -- Remand with directions to enter order directing clerk to reassign case to different judge

PEARLY BELGRAVE-SIMMONDS, Petitioner, v. CHRISTOPHER BELGRAVE, Respondent. 4th District.

Mortgage foreclosure -- Standing -- Summary judgment in favor of plaintiff, where note attached to complaint contained two allonges signed by the same individual, one of which contained an undated endorsement from original lender to another entity and the second of which contained an undated endorsement in blank from this other entity, was proper because defendants failed to offer any evidence to overcome the statutory presumption that the individual signing the allonges was authorized to do so

VIRGIL M. BENNETT and LISSETTE C. BENNETT, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., et al., Appellees. 4th District.

Mortgage foreclosure -- Standing -- Trial court improperly granted summary judgment for mortgagors, holding that to have standing to foreclose, mortgagee must be both holder and owner of the promissory note -- Because party seeking foreclosure is required only to be the holder of the note, mortgagee who holds note but provided no evidence of ownership has standing to foreclose

WELLS FARGO BANK, N.A., Appellant, v. DANIEL P. MORCOM AND SHARON MORCOM, Appellees. 5th District.

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