Following a suit for breach of contract, the prevailing party moved to recover attorneys’ fees pursuant to the terms of the contract, which provided: (c) In any action to enforce any term, condition, or provision of this agreement, the prevailing party shall be entitled to recover the reasonable attorney’s fee incurred to enforce same. The trial court denied… Read more
“It is a settled rule of law that mailing, as opposed to filing, a notice within the thirty-day filing period is insufficient to preserve appellate rights.” Citing Millinger v. Broward County Mental Health Div., 672 So.2d 24, 26 (Fla. 1996). The Court didn’t bother to discuss the facts, but did let us know that it issued an… Read more
Cade Enterprises, Inc. is a corporation established by the inventor of Gatorade for estate planning purposes. In 2008 the company was set to issue dividends, but two of its shareholders were in a dispute over their interest in the company. Both shareholders made demand for payment of the dividends. Rather than choose sides between the… Read more
In this case, the court entered a partial summary judgment on a counterclaim for monetary damages while the plaintiff’s affirmative claim was still pending. By including the phrase “for which let execution issue” in the judgment, the trial court attempted to permit the defendant to begin collection proceedings. The appellate court held that this was… Read more
In this non-compete case, the trial court denied a motion for temporary injunction on the basis that the restrictive covenant did not survive the expiration of the employment agreement because the post-agreement employment relationship “was not formalized in a written document.” The appellate court reversed, holding that the movant had established a substantial likelihood of… Read more
In this dental malpractice case, the trial court denied the defendant’s motion for protective order requesting non-disclosure of work-product and attorney-client documents sent to a testifying expert. The plaintiff claimed that the defendant waived any privilege when his counsel sent the documents to the expert. The defendant claimed that no waiver occurred because the expert never read the… Read more