| Florida Abandonment Law |
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Nutec and Smooth Slide v. Dennis Doleshall
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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)
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Patricia Watterson v. Smallwoods, Inc.
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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)
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Jacquelyn N. Young v. Becker & Poliakoff, P.A.
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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)
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Antonio Lule v. Marta I. Lule
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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)
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Roberta Santini, M.D. v. Cleveland Clinic Florida
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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)
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Evaristo Beltran v. Staurt R. Kalb
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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)
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William Hadden v. State Farm Fire & Casualty Company
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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)
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Burger King Corporation v. E-Z Eating, 41 Corporation, et al.
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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)
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Michael Goodall v. Whispering Woods Center, LLC
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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)
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Technical Packaging, Inc. v. Richard Hanchett and Trenam, Kemker, Scharf, Barking, Frye, O'Neill & Mullis, P.A.
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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)
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Technical Packaging, Inc. v. Richard Hanchett, et al.
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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)
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Roberta Fernandez-Fox v. Estate of David P. Lindsay, Deceased
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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)
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E & Produce Corporation v. Superior Garlic International Inc., et al.
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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)
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E. Dan Wolf, D.M.V. v. James G. Barrie, P.A.
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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)
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Swire Pacific Holdings, Inc. v. Zurich Insurance Company
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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)
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Swire Pacific Holdings, Inc. v. Zurich Insurance Company
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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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