Weekly Reder for October 07, 2016






Appellate dismissed condominium unit owner’s appeal of decision dismissing counts for injunctive relief because the order was non-final and nonappealable as there remained pending a count seeking damages. Anderson v. Epstein, 41 Fla. L. Weekly D2211 (Fla. 3d DCA Sept. 28, 2016).







Judge of Compensation Claims erred by including in award for attorney’s fees time spent by claimant’s previous counsel because there was an order substituting counsel relieving previous counsel of all responsibility and there was no record evidence to support ten hours of work represented “hours of work between two attorneys of record” Cruz-Ramirez v. American Airlines, 41 Fla. L. Weekly D2257 (Fla. 1st DCA Oct. 4, 2016).


Trial court erred by finding offer of judgment was invalid because a “passing reference” in the complaint for equitable relief did not alter fact that claim for damages for retaliatory discharge was essentially one for damages. Faith Freight Forwarding Corp. v. Anias, 41 Fla. L. Weekly D2214 (Fla. 3d DCA Sept. 28, 2016) (correcting opinion reported at 41 Fla. L. Weekly D2096).


Despite referee’s recommendation of suspension, Florida Supreme Court disbarred two attorneys for settling PIP claims without allocating any money to clients’ bad faith claims.  The Florida Bar v. Kane, 41 Fla. L. Weekly S426 (Fla. Oct. 6, 2016).





Judge of Compensation Claims erred in granting claimant’s claim for additional housing benefits when he moved from a two-bedroom apartment to a four-bedroom home on basis the Employer/Carrier did not respond to his request for assistance and should on remand to make a determination as to whether any particular housing arrangement is reasonable and necessary.  Kilyn Construction, Inc. v. Pierce, 41 Fla. L. Weekly D2251 (Fla. 1st DCA Oct. 4, 2016).



Trial court erred by dismissing several counts seeking to recover on promissory notes because the language in the notes that they were not assignable did not effect a power of attorney giving the attorney-in-fact to collects sums due.  Villamizar v. Luna Developments Group, LLC, 41 Fla. L. Weekly D2211 (Fla. 3d DCA Sept. 28, 2016).





In public records case, trial court abused its discretion by denying relief after en camera inspection of records claimed to be exempt because it did not hold an evidentiary hearing as required by section 119.11(1), Florida Statutes.  Kline v. University of Florida, 41 Fla. L. Weekly D2254 (Fla. 1st DCA Oct. 4, 2016).


Trial court properly dismissed petition for declaratory relief concerning whether a city employee was entitled to a refund of both the contributions she made to the retirement fund and those the City made because she had not yet elected which option she was choosing and therefore there was no actual controversy.  Helfrich v. City of Jacksonville, 41 Fla. L. Weekly D2253 (Fla. 1st DCA Oct. 4, 2016) (correcting opinion reported at 41 Fla. L. Weekly D902.)













In mortgage foreclosure action, trial court abused its discretion in excluding records of a previous servicer because the “bank’s witness demonstrated sufficient familiarity with boarding process, and his testimony established the trustworthiness of the prior servicer’s records.”  Ocwen Loan Servicing, LLC v. Gunderson, 41 Fla. L. Weekly D2238 (Fla. 4th DCA Sept. 28, 2016).










The circuit court sitting in its appellate capacity did not depart from the essential requirements of law by affirming a county court judgment for a medical provider in a personal injury protection (PIP) case because the Florida Supreme Court has accepted for review a conflict of decisions on the same issue of contractual interpretation.  Allstate Fire and Casualty Ins. Co. v. Hallandale Open MRI, LLC, 41 Fla. L. Weekly D2208 (Fla. 3d DCA Sept. 28, 2016).





Trial court erred in dismissing a condominium unit owner’s first suit seeking injunctive relief against another unit owner and association because the amended complaint, which included allegations in a second, consolidated complaint seeking damages for negligence, related back. Anderson v. Epstein, 41 Fla. L. Weekly D2211 (Fla. 3d DCA Sept. 28, 2016).


Trial court erred by entering a final summary judgment of dismissal of challenge to city’s ordinances concerning the operation, rental and insurance of motorcycles and mopeds “because the “local governments’ ability to legislate in this area has been preempted by Florida law [Chapter 316].”  Classy Cycles, Inc. v. Bay County, 41 Fla. L. Weekly D2201 (Fla. 1st DCA Sept. 28, 2016).







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