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 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
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 car accident case involving insurance coverage, two plaintiffs in separate companion cases moved for summary judgment against the insurer. The trial court held hearings on the first plaintiff’s motion and granted it. As for the second plaintiff, the court granted the motion a week later, but without holding a separate hearing. The appellate court reversed, holding… 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 a medical malpractice case, a defendant medical center obtained a summary judgment based upon a pre-surgery consent form that the plaintiff had signed. The appellate court reversed because the defendant did not provide a sufficient business record foundation for the form. The defendant would be permitted to attempt to establish a sufficient foundation on remand, however. Ginsberg… Read more