In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s active lifestyle before the surgery, and date of the onset of kidney problems. After the trial, the husband quarrelled with his… Read more
In this medical business dispute between a buyer and sellers of surgical centers, the trial court entered an order precluding the sellers from communicating with any third party, including those in other countries, about the facts of the case without first proceeding through the court’s formal discovery process. The appellate court reversed, holding that the… Read more
In this contentious foreclosure case, the lender filed multiple complaints that allegedly attached an inauthentic mortgage and assignment. After receiving a sanctions motion by defense counsel, the lender dismissed the action without prejudice. The lender then filed a second lawsuit in which it submitted yet another purported assignment with a different date and signed by… Read more
In this case, the plaintiffs filed a complaint for a “pure bill of discovery” to obtain information attempting to confirm plaintifffs’ suspicions that a 50% owner of the subject company had misappropriated corporate assets. The trial court dismissed the complaint, and the appellate court affirmed, on the basis that “the bill of discovery was improper because the [plaintiffs]… Read more
In this case, the plaintiff was injured when she fell off of a horse, named “Buster,” who had behaved obstreperously while plaintiff tried to ride him. Defendant claimed that Buster never exhibited any dangerous behavior. The case settled. After the settlement, plaintiff’s counsel received an unmarked advertisement quoting the defendant as saying that she decided… Read more
In this car accident case, the plaintiff sought defendant’s medical records for the past 10 years based on the belief that the defendant’s medical problems caused the car accident. The trial court ordered the defendant to produce the records. The Defendant objected to producing the records on the basis that he had a right of… Read more
In this foreclosure case, the trial court dismissed the lender’s case for failure to comply with a court order. The borrower, Raza, moved for prevailing party attorneys’ fees under a flat-fee agreement. The trial court denied the motion because the expert affidavit failed to state a reasonable number of hours incurred in the case. The… Read more
In this mortgage foreclosure case, the trial court issued a 60-day notice of lack of prosecution. Although counsel received a copy of the notice within the 60-day period, plaintiff did not respond within this period or show good cause in writing at least five days before the hearing why the action should remain pending. The… Read more
In this pharmaceutical malpractice case, the plaintiff obtained an order under Florida Statute § 415.1115 to “advance the trial on the docket” as a result of the “age and health” of the plaintiff. After expending the trial, the plaintiff herself was late in disclosing her damages expert to the defendant. The trial court allowed the… Read more
In this mortgage foreclosure case, the trial court dismissed the lender’s complaint for fraud on the court. One aspect of the supposed “fraud” was the lender’s allegation that it had standing to sue on behalf of a valid securitized trustee. Reciting the law on contesting standing, the appellate court stated, “Lack of standing is an… Read more