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
Plaintiff sued defendant for statutory and tort claims. Defendant moved to dismiss per Fla. R. Civ. P. 1.140 based on forum selection clause in contract signed with Plaintiff that governed all disputes between the parties. Defendant introduced forum selection clause by attaching a copy of the applicable contact to his Motion to Dismiss. Plaintiff had… 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 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 Mortgage Foreclosure case, the Defendant/Homeowner prevailed on a Motion to Dismiss based on Rule 1.120(a), Fla. R. Civ. Pro., arguing that the Plaintiff had not adequately plead that it had the capacity to sue. “‘Capacity to sue’ is an absence or legal disability which would deprive a party of the right to come into… 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
Pursuant to Rule 1.420(e), it was reversible error for Court to dismiss lawsuit for lack of prosecution a mere 31-days after required notice of no activity. Arguelles v. City of Orlando, 34 Fla. L. Weekly D1869 (Fla. 5th DCA Sept. 11, 2009) Fla. R. Civ. Pro. 1.420… 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