In this foreclosure case, the trial court granted summary judgment even though the defendant requested an opportunity to take discovery on the plaintiff’s summary judgment affidavit and, further, the plaintiff had not responded to all of defendant’s discovery requests. The appellate court reversed, holding,, “[I]t is an abuse of discretion for a trial court to… Read more
The Plaintiff in this lawsuit lost his claims for cancellation of a deed, ejectment, and equitable lien. The Court entered judgment and included language in the judgment that reserved ruling on attorneys’ fees. The Plaintiff appealed as the Defendant neither party pled a fee claim. The Second DCA found that neither party could recover their fees… Read more
At issue in this appeal before the Fourth DCA was the trial court’s award of sanctions, pursuant to Florida Rule of Civil Procedure 1.730(c), for a parties violation of a mediation agreement. The Fourth DCA determined that the imposition of sanctions per Rule 1.730(c) required specific factual findings as to the breach or failure to… Read more