This appeal arises out of a dispute over the construction and manufacture of a custom skylight. The purchaser refused to pay the full amount due and the manufacturer refused to turn over possession of the completed skylight. Suit was filed over the dispute and the manufacturer prevailed in the lawsuit. The purchaser appealed and posted… Read more
The following articles and topics have been recently updated on the Florida Legal Wiki: Tolling Res judicata Rule against splitting causes of action Default… Read more
In this case, the trial court dismissed the bank’s complaint with prejudice as a sanction for “misconduct” during the litigation. The order did not make express findings as to the nature of the misconduct. Citing Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993), the appellate court remanded to the trial court to consider… Read more
In this class action suit brought against Baptist Hospital, Inc. related to certain liens the hospital recorded against its patients. The trial court certified two classes of plaintiffs. Class I consisted of plaintiffs who had paid money to the hospital to satisfy the lien and Class II consisted of plaintiffs who had not satisfied the lien. Discovery was… Read more