In this insurance coverage dispute, the circuit court affirmed a county court judgment against the insurer on the basis that its opposing summary judgment expert affidavit contained “technical defects” (which are not identified in the opinion). The Fourth District reversed because summary judgment may not be granted by reason of a technical defect in an… Read more
Entry of default constitutes an admission of only the well-pleaded factual allegations in the complaint and a complaint that does not state a cause of action cannot form the basis of a final judgment. As such, the Fourth DCA upheld trial court’s decision granting a defendant’s Motion to Dismiss for failure to state a cause… Read more
In this case, a property owner sued a homeowner’s association for injunctive and declaratory relief seeking access to a landlocked lot of land, as well as for damages for an alleged tortious interference of the owner’s attempt to sell the lot. The association successfully defended the case, and the trial court awarded attorneys’ fees based… Read more
In this foreclosure action, Quality Roof Services (QRS) was named as a co-defendant based on a properly recorded construction lien. QRS timely answered the Complaint, but did not assert any affirmative defenses or raise any cross-claims. The property owner consented to the foreclosure and the case was set for a final summary judgment hearing. Without filing… Read more
Entry of Summary Judgment order pursuant to Fla. R. Civ. Pro. 1.510, in case seeking possession of real property, by itself, is not an appealable, non-final order as set forth in Fla. R. App. Pro. 9.130(a)(3)(c)(ii) because the Summary Judgment order did not provide for the “immediate” right to possession of the property. The Trial Court reiterated that Summary… Read more
In this non-compete case, an employer obtained an injunction against its former employee and her new employer for aiding and abetting a breach of a restrictive covenant. The trial court taxed attorneys’ fees against the new employer under Section 542.335(1)(k), Fla. Stat. The appellate court reversed, holding that the statute authorized a fee award only against the… Read more
In this non-compete case, the trial court entered an order enjoining defendants from soliciting plaintiffs’ “current or prospective clients” who practiced in the area of orthopedic medicine. The order did not specify the duration of the restriction. The Fourth District reversed and remanded, holding that Rule 1.610(c) requires that the order define the referenced “clients” more specifically and that a time… Read more
In this trip and fall case, trial court ordered parties to non-binding arbitration. Arbitrator ruled in favor of the Plaintiff. Defendant did not move for trial de novo within 20 days of order and Plaintiff moved trial court for entry of final judgment pursuant to FRCP 1.820(h), which was granted by trial court. Defendant then… Read more
In this case, appellee received an attorneys’ fee judgment based upon a sanction award for discovery violations by appellants. The award, however, reflected an hourly rate that exceeded the rate actually billed to the client. The court found this to be error and reversed. Effective Teleservices, Inc. et al. v. Smith, 34 Fla. L. Weekly D1692b… Read more
At trial, it was reversible error for court to involuntary dismiss lawsuit following close of Plaintiff’s case-in-chief. The Court should have considered parol evidence in determining whether Plaintiff, a Homeowners Association, had established prima facie case of violation of Association’s architectural restrictions. The Fourth DCA found that the trial court improperly limited its review to the meeting minutes in determining whether the Association… Read more