Bayview Loan filed a commercial foreclosure action against Almond and later moved for summary judgment. At some point, it is not clear whether it is before or after the MSJ was filed, Almond moved to compel the deposition of Bayview’s corporate representative. It is also unclear whether that motion to compel was ever ruled on.… 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 wrongful death case, the trial court dismissed the complaint with prejudice on the basis that the plaintiff had previously elected the State’s worker’s compensation remedy, and that this election barred the current claim. At the hearing on the motion to dismiss, the trial court did not permit the plaintiff to amend the complaint. … 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
In this non-compete case, a tattoo artist opened a new business less than a year after he had ceased working with his former employer. The new practice was located about 6 miles from his old employer. The trial court denied the employer’s motion for temporary injunction despite the defendant’s admission that he had taken a customer… Read more
In this class action, the Plaintiff sued the City of Tampa over the constitutionality of the City’s Occupational License Tax. The Plaintiff then attempted to certify a plaintiffs class of all persons subject to the tax and a defendants class of all municipalities in Florida imposing the tax. The Trial Court certified each class and the municipalities appealed arguing… Read more
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
In this consumer class action case, the trial court certified a class against gas stations for failing to provide notice of a temporary hold on customers’ bank accounts after a debit transaction.The appellate court reversed because, under Rule 1.220(b), there were individualized differences among the members of the putative class.The differences included the fact that… Read more
In another foreclosure case gone wrong, which is becoming a trend in the appellate decisions of late, the Second DCA overturns the trial court’s entry of Summary Judgment where the hearing transcript “does not reflect that the trial court considred the affidavit of [a third party] that called into question the validity of the note… Read more
In this motorcycle injury case, the trial court found that plaintiff’s counsel had engaged in misconduct throughout the trial but nonetheless denied defendant’s motion for new trial. The trial court reasoned that because defense counsel did not move for a mistrial after the court had sustained various objections, the defense had waived any right to… Read more