Civil Procedure

Hochbaum v. Palm Garden of Winter Haven, LLC

Appellate court affirmed trial court’s referral of action against nursing homes to arbitration, but severed portion containing an attorney’s fee provision requiring parties to equally bear the fees associated with arbitration as being against public policy.  Hochbaum v. Palm Garden of Winter Haven, LLC,  41 Fla. L. Weekly D2265 (Fla. 2d DCA Oct. 5, 2016).

Helfrich v. City of Jacksonville

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.)

Kline v. University of Florida

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).

Miami-Dade County Board of County Commissioners v. An Accountable Miami-Dade

In a suit for writ of mandamus, trial court erred by proceeding to hold a hearing on the merits without first following the procedures outline in Florida Rule of Civil Procedure 1.630 requiring the court to issue a show cause order if the complaint sets forth a prima facie case.  Miami-Dade County Board of County Commissioners v. An Accountable Miami-Dade, 41 Fla. L. Weekly D2171 (Fla. 3d DCA Sept. 20, 2016).

R.J. Reynolds Tobacco Co. v. Calloway

In tobacco litigation case, trial court erred by refusing to instruct the jury on the detrimental reliance element of the fraud-based claim.  R.J. Reynolds Tobacco Co. v. Calloway, 41 Fla. L. Weekly D2188 (Fla. 4th DCA Sept. 23, 2016).

Cirrus Holdings USA, LLC v. Welch

Trial court erred in denying a motion to dismiss for failure to arbitrate because it did not make a decision as to whether a valid written agreement to arbitrate exists as required by section 682.03(7), Florida Statutes.  Cirrus Holdings USA, LLC v. Welch, 41 Fla. L. Weekly D2125 (Fla. 4th DCA Sept. 4, 2016).

A resident is not bound by the arbitration clause in a nursing home contract which he did not sign because the third-party beneficiary doctrine applies to cases where a third-party is seeking to bind one of the contracting parties and does not enable two contracting parties to bind a third, non-signatory party. Mendez v. Hampton Court Nursing Center, LLC, 41 Fla. L. Weekly S394 (Fla. Sept. 22, 2016).