Mara Villasenor [“Villasenor”] appeals the trial court’s order dismissing her personal injury suit with prejudice for attempting to perpetrate a fraud on the court and a final judgment of dismissal with prejudice. We conclude that the trial court erred in dismissing the claim without conducting an evidentiary hearing and reverse. Juana Martinez [“Martinez”] was the owner and operator of ... More...   $0 (09-22-2008 - FL)

Plaintiff, John Thigpen, appeals the trial court’s order setting aside a jury verdict for plaintiff and granting the defendant, United Parcel Services, Inc. (UPS,) a new trial. The trial court granted the new trial after determining that it had erroneously admitted irrelevant and unfairly prejudicial evidence, which resulted in an excessive verdict. Because we conclude that the trial court did n... More...   $0 (09-10-2008 - FL)

Petitioner North Broward Hospital District filed this petition for writ of certiorari seeking review of a trial court order denying a stay and directing it to produce incident reports, investigative reports and peer review records in a pending medical malpractice action, and an order denying rehearing and clarification.

Certiorari lies to review trial court orders overruling claims of statu... More...   $0 (09-17-2008 - FL)

The issue in this case is whether Michael Goodall, as assignee of MKJH, LLC, stated a cause of action for reformation against Whispering Woods Center, L.L.C. We hold that Goodall stated a cause of action for reformation and reverse the trial court’s dismissal of Goodall’s claims for reformation and breach of contract as reformed. We affirm the trial court’s dismissal of the remaining claims ... More...   $0 (09-24-2008 - FL)

Florida common law did not recognize bad faith claims by an insured against the carrier, holding instead that the insured was limited to breach of contract damages and attorneys fees. In 1982 the Legislature amended section 624.155 to provide that bad faith damages recoverable under the statute “shall include those damages which are a reasonably foreseeable result of a specified violation of thi... More...   $0 (09-24-2008 - FL)

This appeal presents the question of whether a plaintiff can state a cause of action for fraudulent misrepresentation when the defendant’s alleged misrepresentation is included in a later contract to which the defendant is not a party. We hold that a plaintiff can state such a cause of action under the facts of this case.

The trial court’s final judgment provides a very detailed descrip... More...   $0 (09-03-2008 - FL)

Appellant challenges a final judgment in favor of an aircraft broker based upon a jury verdict finding that an implied contract existed under which the broker is now owed damages. It contends that the trial court erred in failing to grant a directed verdict. Because the appellee failed to prove any benefit conferred upon appellee or of which it had knowledge, we agree with appellant and reverse. H... More...   $0 (09-03-2008 - FL)

This case involves an attempt to disqualify Kenny Nachwalter, P.A., the respondents’ attorneys, because of its conduct in dealing with documents which, although protected by their opponent, Atlas Air, Inc.’s, attorney client privilege, had been inadvertently delivered to one of Kenny Nachwalter’s partners. While the trial court disqualified the particular partner who first received the docum... More...   $0 (09-17-2008 - FL)

Belle Isle Associates, Inc.1 appeals a detailed post-trial circuit court ruling captioned “final judgment,” relating to the rights and duties of certain boat slip owners at a marina operated by a condominium association. Because the ruling includes an express retention of jurisdiction to enter a final judgment on the appellee’s (Nine Island Avenue Condominium Association, Inc.’s) countercl... More...   $0 (09-17-2008 - FL)

Tenet South Florida Health Systems d/b/a North Shore Medical Center (“North Shore”) petitions for a writ of certiorari to the circuit court to quash an order denying North Shore’s motion to dismiss for failure to comply with Chapter 766 medical negligence presuit requirements. We have jurisdiction. See Corbo v. Garcia, 949 So. 2d 366 (Fla. 2d DCA 2007) (holding that an appellate court has ce... More...   $0 (09-17-2008 - FL)

George Cisneros appeals a final order entered by the appellee, Miami-Dade School Board, dismissing him from his position as a high school teacher. The Board’s order adopted the findings and recommendation of dismissal made by an Administrative Law Judge (ALJ). The issue below and here is whether Cisneros’ plea of nolo contendere to a charge of vehicular homicide constituted a conviction for a ... More...   $0 (09-17-2008 - FL)

Default Proof Credit Card Systems, Inc. (“Default Proof”), and Vincent Cuervo appeal non-final orders granting defendants’ Motion to Stay and to Compel Arbitration in Chicago, Illinois, and denying limited discovery. We affirm the trial court’s orders that arbitration take place in Chicago pursuant to the Federal Arbitration Act.

On July 3, 2002, Vincent Cuervo, as CEO of Default Pr... More...   $0 (09-17-2008 - FL)

The plaintiffs property owners appeal a final summary judgment entered in favor of defendant Monroe County on the owners’ claim for compensation for the temporary taking of their respective properties. We agree with the trial court that the owners are not entitled to compensation and affirm the summary judgment.

The Bauknights, Mr. Skaggs, and the Rocketts each purchased a vacant lot on B... More...   $0 (09-17-2008 - FL)

This is an appeal of a summary final judgment in a commercial landlord-tenant dispute. The question is whether the commercial ten-year lease in this case was executed with legally sufficient formalities so as to be enforceable. We conclude that the answer is yes.

The landlord, NMB Plaza LLC, is the developer of an office building in North Miami Beach, Florida. While the building was under c... More...   $0 (09-17-2008 - FL)

Daniel E. Webster, his wife Mollie, and his mother, Anita V. Sculthorpe, appeal a final summary judgment entered by the circuit court in favor of Ocean Reef Community Association, Inc., a homeowners’ association.1 The issue presented is whether either of two transfers of a home in the Ocean Reef community in Key Largo, Florida, violated the Association’s governing documents. Finding that the g... More...   $0 (09-24-2008 - FL)

We affirm the order dismissing the instant action with prejudice against Lee Milich and Lee Milich, P.A., because we agree that the seventh iteration of the instant complaint again fails to allege the essential elements of a cause of action for legal malpractice (whether denominated negligent misrepresentation or otherwise) or fraud. See Lopez-Infante v. Union Cent. Life Ins. Co., 809 So. 2d 13, 1... More...   $0 (09-24-2008 - FL)

Jaylene, Inc.; Candansk, LLC; Dansk Management, Inc.; Arfind America, Inc.; 1521030 Ontario, Inc.; Arlene Agnus Christiansen; Find U. Christiansen; Jacqueline F. Hurt; Barbara Gallagher; Kathleen Sylvia; Lynn Taggart; and Paul John Prybylski (collectively Jaylene) appeal a nonfinal order that denied their motion to compel arbitration in a nursing home resident's rights lawsuit filed by Deborah A. ... More...   $0 (09-12-2008 - FL)

Tammi J. Carter, the plaintiff in an action for employment discrimination against Health Management Associates, Inc. (HMA), appeals the circuit court's order that dismissed her complaint with prejudice for failure to state a cause of action under the Florida Civil Rights Act of 1992 (FCRA).1 Ms. Carter alleged that HMA had unlawfully terminated her in retaliation for filing a charge of gender and ... More...   $0 (09-12-2008 - FL)

Howard Curd and several other commercial fishermen (the fishermen) appeal an order dismissing their proposed class action lawsuit against Mosaic Fertilizer, LLC. The fishermen claim that Mosaic's phosphogypsum storage facility polluted the waters of Tampa Bay, reducing the available supply of fish, which in turn damaged their businesses and reduced their income. We agree with the trial court that ... More...   $0 (09-17-2008 - FL)

Sadruddin Babul and Rahmat Barkat appeal the final summary judgment for damages entered against them in favor of Golden Fuel, Inc. Because the affidavit that Mr. Babul and Mr. Barkat filed in opposition to Golden Fuel's motion for summary judgment raised a genuine issue of material fact concerning whether they signed the contract at issue individually or as agents for a disclosed principal, we rev... More...   $0 (09-19-2008 - FL)

Technical Packaging, Inc. ("Technical Packaging" or "Technical"), sued its former attorney Richard Hanchett and Hanchett's firm, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. ("Trenam"; collectively, "Hanchett/Trenam"), for legal malpractice. The trial court granted Hanchett/Trenam's motion for summary judgment, ruling that Hanchett/Trenam had prevailed on its defense of abandonment... More...   $0 (09-26-2008 - FL)

Before the court is Liberty Life Assurance Company of Boston’s petition for rehearing en banc of our opinion in Doyle v. Liberty Life Assurance Co. of Boston, 511 F.3d 1336 (11th Cir. 2008). About the time Liberty Life filed this petition, the Supreme Court of the United States granted certiorari in a case from the United States Court of Appeals for the Sixth Circuit involving an issue we admoni... More...   $0 (09-18-2008 - FL)

3 custom software that is at issue in this case. Both parties agree that MCR owns the copyright in this custom software, and both parties also agree that MCR has never registered its copyright. For years, the parties operated pursuant to an oral agreement without incident, but eventually the relationship deteriorated. On December 6, 2005, MCR sent a letter to Weitzman, asserting, among other thing... More...   $0 (09-12-2008 - FL)

Before the court is Liberty Life Assurance Company of Boston’s petition for rehearing en banc of our opinion in Doyle v. Liberty Life Assurance Co. of Boston, 2 511 F.3d 1336 (11th Cir. 2008). About the time Liberty Life filed this petition, the Supreme Court of the United States granted certiorari in a case from the United States Court of Appeals for the Sixth Circuit involving an issue we admo... More...   $0 (09-18-2008 - FL)

Family and Estate of Timothy Conn sued Leon County Sheriff's Office, et. on an auto negligence theory claiming that a deputy sheriff failed to
exercise due care in the operation of his patrol car and, as
a direct result, Mr. Conn was struck while riding his
bicycle and killed. Conn, age 22, died about 12 hours after he was struck by a vehicle driven by Deputy Charles McClure on Sta... More...   $0 (09-20-2008 - FL)

Family and Estate of Claudia Avila sued Tarmac America, IGM and EM Transfer on a negligence theory for the wrongful death of Mrs. Avila, age 43, who was killed when she was struck taby a 34-pound metal plate crashed through the windshield of her car on February 17, 2004 on I-95 in Del Ray, Florida. Plaintiffs claimed that Tarmac America packaged thousands of metal plates for shipment at it Melbour... More...   $1700000 (09-19-2008 - FL)

Plaintiff-Appellant Joseph Cachia (“Cachia”) appeals an order of the United States District Court for the Southern District of Florida granting dismissal in favor of Defendant-Appellee Islamorada, Village of Islands (“Islamorada”). Cachia challenges an Islamorada zoning ordinance on the grounds that its “formula restaurant” provisions violate the Dormant Commerce Clause. We reverse and... More...   $0 (09-09-2008 - FL)

In this consolidated appeal, Mary Therese Charles appeals separate orders dismissing her action against Quantum Title Services, LLC, Envision Funding, LLC, and Cesar Jose, Envision’s principal, for failure to state a cause of action. Because the complaint alleges sufficient facts to state at least one cause of action against each of these parties, we reverse.

We review the instant dismiss... More...   $0 (08-06-2008 - FL)

This is an appeal from a final order granting a motion to dismiss an adversary proceeding in probate, brought by Yolanda LaCalle to establish a lost or destroyed will and to revoke administration of an earlier will. A petition brought to establish a lost or destroyed will in probate, “shall include a statement of the facts constituting grounds on which relief is sought, and a statement of the co... More...   $0 (08-13-2008 - FL)

United Vacation Network, Inc. (United), appeals the trial court's nonfinal order denying its motion to compel arbitration of Ali Tahiri's and Mahtab Bolouri's claims of fraud and violations of the Florida Deceptive and Unfair Trade Practices Act, section 501.204, Florida Statutes (2005). We have jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(iv). United has failed to demonstrate reversible error by ... More...   $0 (08-08-2008 - FL)

Rusty and Aida Benjamin sued Paul and Mary Fore, claiming a constructive trust on property purchased by the Fores, and the Benjamins appeal an adverse final summary judgment. We decline to reach the merits of the appeal at this time because the final judgment was rendered while the Benjamins' nonfinal appeal was pending in this court. See Benjamin v. Fore, 969 So. 2d 1025 (Fla. 2d DCA 2007) (table... More...   $0 (08-08-2008 - FL)

Brittany Graham and Yolanda Graham, defendants in an automobile negligence action, seek a petition for writ of certiorari to quash a discovery order. The order compels Dr. Stephen Sergay, a neurologist who performed a medical examination of the plaintiff, Kimberly V. Brown Dacheikh, pursuant to Florida Rule of Civil Procedure 1.360, to produce all "reports of examiner" that he has prepared pursuan... More...   $0 (08-20-2008 - FL)

Sally Moore appeals a circuit court order entering judgment on the pleadings in favor of Liberty Mutual Insurance Company and denying Moore’s request to amend her complaint.1 We reverse because the circuit court erred in denying Moore an opportunity to amend her complaint.2 The circuit court incorrectly determined that Moore should not be permitted to amend her complaint, reasoning that “when ... More...   $0 (08-27-2008 - FL)

Claimant, Roderick Hill, appeals the judge of compensation claims’ (JCC) final order dismissing with prejudice his pending petitions for benefits against the Employer/Carrier, Greyhound Lines, Inc., and Ace, USA, as a sanction for revealing confidential information obtained at mediation. Claimant argues the JCC abused his discretion by dismissing his petitions for benefits with prejudice because... More...   $0 (08-29-2008 - FL)

Appellant appeals an adverse ruling by the trial court construing the parties’ Lease Agreement, arguing that the trial court reversibly erred in the following particulars: (1) by declining to enforce Appellant’s option to purchase the leased premises; (2) by evicting Appellant and transferring possession of the leased premises to Appellee; and (3) by awarding Appellee a judgment for damages of... More...   $0 (09-03-2008 - FL)

The issue before us is whether a special law passed by the Legislature violates the constitutional prohibition against special laws that grant a “privilege to a private corporation” set forth in article III, section 11(a)(12), of the Florida Constitution. Both the trial court and the First District Court of Appeal held that chapter 2003-372, Laws of Florida, entitled the “St. Lucie County Ho... More...   $0 (09-03-2008 - FL)

Jay M. Levy appeals from a final judgment entered by the United States District Court for the Southern District of Florida after a bench trial, finding him liable for multiple acts of solicitation fraud in violation of Section 4c(b) of the Commodity Exchange Act (“CEA”), 7 U.S.C. § 6c(b) (2000),1 and imposing various sanctions against him. Levy contends that the court erred in (1) multiplying... More...   $146350 (09-02-2008 - FL)

James River Insurance Company appeals the district court’s dismissal of its claim seeking a declaratory judgment that it is not obligated to provide a legal defense to Ground Down Engineering under the insurance policy Ground Down purchased from James River. James River also appeals the denial of its summary judgment motion. James River argues that the “pollution exclusion” in the policy exc... More...   $0 (08-23-2008 - Fl)

Appellees, migrant farm workers (“workers”), brought this class action against Ag-Mart Produce, Inc. and Green Stripe, Inc.1 (“Ag-Mart”) under the Migrant and Seasonal Agricultural Worker Protection Act (“AWPA”) 29 U.S.C. § 1801 et seq. ,alleging that because Ag-Mart controlled the workers’ housing, Ag- Mart was required to ensure that the housing met AWPA standards and was certifie... More...   $0 (08-08-2008 - FL)

Patrick H. Wright (“Wright”) appeals from the district court’s grant of summary judgment in favor of the government on his declaratory judgment action. Wright challenged the validity of 31 C.F.R. § 10.7(c)(1)(viii), claiming that it unlawfully and arbitrarily limits his right to represent taxpayers before the Internal Revenue Service (“IRS”). The district court found that 31 C.F.R. §10... More...   $0 (08-15-2008 - FL)