Monthly Archives: March 2010

UNITED AUTOMOBILE INS. CO. v. PETER F. MERKLE, M.D., P.A., 35 Fla. L. Wkly D620a (Fla. 4th DCA Mar. 17, 2010)

In this insurance coverage dispute, the circuit court affirmed a county court judgment against the insurer on the basis that its opposing summary judgment expert affidavit contained “technical defects” (which are not identified in the opinion).  The Fourth District reversed because summary judgment may not be granted by reason of a technical defect in an… Read more

CHRISTIAN N. ZARRA et al. v. KEN BURKE, 35 Fla. L. Weekly D436a (Fla. 2d DCA February 24, 2010)

In this class action case, plaintiffs sued the clerk of court for charging “a reopen fee for cases previously reported as disposed of.”  The trial court dismissed the complaint with prejudice for failure to state a cause of action after two amendments because of “pleading deficiencies.”  The trial court reasoned that a “re-opening fee” could be charged in such… Read more