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Florida Abandonment Law
In Re: Michael Valone, etc.

This is an appeal from a district court order affirming a bankruptcy court’s disallowance of an exemption claimed by Michael and Kristie Valone in their Chapter 13 bankruptcy petition. The Chapter 13 trustee, Jon Waage, objected to their personal property exemption, arguing that, as homeowners filing under Chapter 13 of the Bankruptcy Code, the Valones were ineligible for the exemption. The bank... More...   $0 (04-29-2015 - FL)

Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc.

It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis
v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties,
compelling us to grant Great American Insurance C... More...
   $0 (12-17-2014 - FL)

V.C.B. and E.G.B. v. Sultan Shakir

The maternal grandparents appeal the trial court’s order denying their petition to terminate the father’s parental rights and to adopt their grandchild. They argue that the trial court erred in interpreting section 63.089, Florida Statutes (2014) and Florida case law to require a finding that the father exhibited a willful disregard for the child’s safety prior to terminating the father’s ... More...   $0 (08-27-2014 - FL)

Fior A. Ramirez v. Reemployment Assistance Appeals Commission

Appellant, Fior A. Ramirez, appeals an order of appellee, the Reemployment Assistance Appeals Commission, denying her claim for reemployment compensation benefits. We reverse and remand, concluding that appellant is entitled to benefits. Appellant began working as a housekeeper for Remington Lodging & Hospitality, a hotel in Atlantic Beach, Florida, on October 29, 2009. As found by the appeals ref... More...   $0 (02-07-2014 - FL)

Home At Last Adoption Agency, Inc. v. V.M., Father

Home at Last Adoption Agency, Inc., (“the Adoption Agency”) appeals a final judgment dismissing its second amended petition to terminate the parental rights of Appellee, V.M., to his biological daughter. Because the trial court erroneously concluded that our prior opinion in this case precluded it from finding that Appellee had abandoned the child, we reverse.


The procedural an... More...
   $0 (11-14-2013 - FL)

J.E., Sr. v. Department of Children and Families

A father appeals the trial court's final judgment terminating his parental rights as to his child, J.V.E. On appeal, the father maintains that termination of his parental rights was not supported by the evidence in the record. We affirm, concluding that the termination of parental rights was supported by competent substantial evidence.

The Record Before the Trial Court

The trial cour... More...
   $0 (11-13-2013 - FL)

Nutec and Smooth Slide v. Dennis Doleshall

In this workers’ compensation case, Appellant, an uninsured employer,1
required by both section 35.22(3), Florida Statutes (2011), and Florida Rule of Appellate Procedure 9.180(b)(3). Thereafter, this court entered an order requiring Appellant to pay the filing fee within twenty days; Appellant did not respond to the order, nor did it pay the filing fee as was ordered. Ultimately this court ... More...
   $0 (09-20-2012 - FL)

Patricia Watterson v. Smallwoods, Inc.

We affirm the circuit court’s order granting final summary judgment in favor of the plaintiff’s former employer. See Allstate Ins. Co. v. Ginsberg, 863 So. 2d 156, 158-60 (Fla. 2003) (pleadings of unwelcome conduct including touching in a sexual manner do not state a cause of action for the Florida common law tort claim of invasion of privacy); Natson v. Eckerd Corp., 885 So. 2d 945, 948 (Fla.... More...   $0 (05-09-2012 - FL)

Jacquelyn N. Young v. Becker & Poliakoff, P.A.

This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en... More...   $0 (12-21-2011 - FL)

Antonio Lule v. Marta I. Lule

Antonio Lule, the husband below, appeals the trial court’s final judgment of dissolution of marriage. The final judgment did not contain the requisite statutory findings for either the distribution of marital assets and liabilities or for the trial court’s award of alimony. Because of these errors and omissions this matter must be necessarily reversed and remanded.

The husband and wife ... More...
   $0 (05-11-2011 - FL)

Roberta Santini, M.D. v. Cleveland Clinic Florida

In this matter, we undo a series of egregious wrongs perpetrated upon the appellants, all of which were compounded by the assertion of frivolous defenses of numerous and patently erroneous trial court orders. Dr. Roberta Santini appeals an order enforcing a charging lien filed by her former attorney, Bartley C. Miller. She asserts that Miller forfeited his rights to compensation pursuant to a cont... More...   $0 (05-11-2011 - FL)

Evaristo Beltran v. Staurt R. Kalb

Appellants, Grisel Beltran (“Grisel”) and her father, Evaristo Beltran (“Evaristo”), appeal the trial court’s order denying their motion to set aside/vacate the sale of property to the appellee, Sunset Home Partners, Inc. (“Sunset Home”). Because the property was exempt from forced sale for the payment of creditor’s claims pursuant to Florida’s homestead law, Art. X, § 4(a), Fla... More...   $0 (03-16-2011 - FL)

William Hadden v. State Farm Fire & Casualty Company

This matter is before the court on appeal by William Hadden from an adverse summary judgment in favor of State Farm Fire & Casualty Company. State Farm raised as an affirmative defense the doctrine of judicial estoppel, and the trial court entered a summary judgment against Hadden based on that defense. Hadden asserts that this was error. We agree and reverse.

Hadden owned real property in ... More...
   $0 (06-04-2010 - FL)

Burger King Corporation v. E-Z Eating, 41 Corporation, et al.

This litigation involved the operation of several Burger King franchise restaurants in the New York area by Appellants Elizabeth and Luan Sadik and their corporate entities. The parties brought multiple claims and counterclaims against each other in three separate lawsuits. These cases were consolidated before Judge Cooke, who held numerous hearings before issuing two final summary judgments again... More...   $0 (06-30-2009 - FL)

Michael Goodall v. Whispering Woods Center, LLC

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)

Technical Packaging, Inc. v. Richard Hanchett and Trenam, Kemker, Scharf, Barking, Frye, O'Neill & Mullis, P.A.

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)

Technical Packaging, Inc. v. Richard Hanchett, et al.

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 abandon... More...   $0 (05-09-2008 - FL)

Roberta Fernandez-Fox v. Estate of David P. Lindsay, Deceased

Roberta Fernandez-Fox appeals a trial court order denying her petition for an extension of time to file an independent action against the estate of David P. Lindsay. Fox argues that the trial court erred in finding that a motion to strike was the same as an objection and, because the trial court's order was premised on this finding , reversal is required. We agree and reverse.

Fox a... More...   $0 (01-14-2008 - FL)

E & Produce Corporation v. Superior Garlic International Inc., et al.

E & A Produce Corporation ("E & A") appeals the award of attorney's fees to appellees Superior Garlic Int'l, Inc., Silfredo Trujillo, and Nilda Olmo (collectively, Superior Garlic). We conclude that Superior Garlic is entitled to attorney's fees. Thus, we affirm the attorney's fee award, as well as the amount of the award.

Superior Garlic, a small corporation owned and operated by Trujil... More...   $0 (12-10-2003 - FL)

E. Dan Wolf, D.M.V. v. James G. Barrie, P.A.

The circuit court entered a temporary injunction against E. Dan Wolf, restraining him from practicing veterinary ophthalmology in fifteen counties and from soliciting, contacting, or disclosing names of patients he had treated while working at James G. Barrie, P.A. We reverse the injunction.

In 1992, Wolf began practicing veterinary ophthalmology at The Animal Eye Clinic, a division of B... More...   $0 (09-30-2003 - FL)

Swire Pacific Holdings, Inc. v. Zurich Insurance Company

Swire Pacific Holdings ("Swire") is the owner and developer of a high-rise condominium building in Miami, Florida, while Zurich American Insurance Company ("Zurich") is the successor in interest to Zurich Insurance Company. See Swire Pacific Holdings, Inc. v. Zurich Ins. Co., 284 F.3d 1228, 1229 (11th Cir. 2002). The Court of Appeals for the Eleventh Circuit, in its opinion certifying three ... More...   $0 (04-10-2003 - FL)

Swire Pacific Holdings, Inc. v. Zurich Insurance Company

This diversity case involves an insurance coverage dispute between Swire Pacific Holdings, the owner and developer of a high-rise condominium in Florida, and Zurich American Insurance Company as successor in interest to Zurich Insurance Company, under a Builder's Risk Policy. Swire sued Zurich seeking to recover under the policy the costs it had incurred in correcting design defects in the condomi... More...   $0 (03-08-2002 - FL)

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