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Florida Accounting Law
 
Donald E. Carlson v. Fedex Ground Package Systems, Inc.

For customers who are regularly visited by the ubiquitous white trucks of
FedEx Ground, with their familiar purple and green logos, the usual concern is
whether packages are picked up on schedule and delivered on time. If asked, a
good number of those customers would probably say that they believe (or
reasonably assume) that the drivers of those white trucks are employed by FedEx.<... More...
   $0 (05-28-2015 - FL)

Anne (Sandy) Batchelor-Robjohns v. United States of America

This is an appeal of a federal income tax refund suit filed by the Estate of
George Batchelor (“Estate”).
1
Counts I and II of the Estate’s three-count
Complaint involve Batchelor’s personal income taxes for 1999 and 2000. Count
III concerns the Estate’s attempt to claim a credit for its 2005 income taxes for
payments it made in settlement of various lawsuits aga... More...
   $0 (06-05-2015 - FL)

Florida Department of Financials Services v. Deloitte and Touche, L.L.P.

Tallahassee, FL - The Florida Department of Financial Services sued Deloitte and Touche, L.L.P., on a professional negligence theory claiming that DEloitte's auditors on professional a negligent theory claiming that Deloitte's auditors failed to exercise due care in the performance of audits on three insurance companies that collapsed under the weight of claims made after a string of hurricanes hi... More...   $0 (05-08-2015 - FL)

Patricia Joseph Sisca v. Charles Angelo Sisca

In this consolidated appeal, former wife challenges orders granting former husband’s petition for downward modification of alimony and requiring former wife to pay former husband’s attorney’s and expert’s fees totaling approximately $120,000.1 Finding no abuse of discretion in the modification of alimony, we affirm that order without further comment. As for the fee orders, we agree with wi... More...   $0 (04-22-2015 - FL)

Robert Maggiano, D.O., P.A. v. Whiskey Creek Professional Center, LLC

Dr. and Mrs. Maggiano, as well as Robert Maggiano, D.O., P.A., appeal a
judgment in favor of Whiskey Creek Professional Center, LLC. The judgment was
entered after a clerk's default. The trial court based its monetary award on the amount
- 2 -
alleged in the complaint. We conclude that the damages were not liquidated by the
complaint. Accordingly, we reverse and remand for a ne... More...
   $0 (04-14-2015 - FL)

Allison Chase v. Horace Mann Insurance Company

Allison Chase seeks review of the decision of the First District Court of Appeal in Horace Mann Insurance Co. v. Chase, 121 So. 3d 1191 (Fla. 1st DCA 2013), on the ground that it expressly and directly conflicts with the Second District’s decision in Creighton v. State Farm Mutual Auto Insurance Co., 696 So. 2d 1305 (Fla. 2d DCA 1997), on the issue of whether removing the sole named insured from... More...   $0 (02-19-2015 - FL)

United States of America v. Paul Anthony Ruggieri

Miami, FL - A former accountant of adult entertainment businesses pled guilty for his participation in a tax fraud conspiracy.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.

Paul Anthony Ruggieri, of Parkland, pled guilty today t... More...
   $0 (02-13-2015 - FL)

Edwin R. Jonas, III v. Linda B. Jonas

Appellant challenges the trial court’s dismissal, on grounds of comity and the principle of priority, of his action collaterally attacking a domesticated foreign judgment. The court determined that these proceedings arose out of a New Jersey divorce, and taking jurisdiction would interfere with New Jersey’s exercise of jurisdiction. We affirm.
In 1997 and 1999, the appellee/former wife ins... More...
   $0 (02-11-2015 - FL)

Doris Rich Corya v. Roy Sanders

In this case, ongoing disputes as to four family trusts make a second appearance before us. In the first appeal, we reversed the trial court’s summary judgment granting trust accountings for all four trusts. Corya v. Sanders, 76 So. 3d 31 (Fla. 4th DCA 2011). We concluded the trial court erred in granting summary judgment in part because appellee Sanders did not sufficiently negate the defenses ... More...   $0 (02-11-2015 - FL)

Robert Blechman and Cathy Blechman Chermak v. Estate of Bertram Blechman

In this probate administration case, the children of Bertram Blechman (“the Decedent”)—Robert Blechman and Cathy Blechman Chermak—challenge an order determining their father’s ownership interest in a limited liability company to be part of his probate estate. By virtue of a provision in the operating agreement of the limited liability company, the Decedent’s membership interest immedia... More...   $0 (01-07-2015 - FL)

Marie C. Amaya v. Jose M. Vazauez

Appellant, Maria C. Amaya, appeals an order which (1) granted partial final
summary judgment on a count for partition of real property in favor of Jose M.
Vazquez and ordered a partition sale forthwith1; (2) dismissed Amaya’s
counterclaim; and (3) reserved on “accounting issues, attorney’s fees and costs.”

We affirm the trial court’s order as to count one of the amen... More...
   $0 (11-12-2014 - FL)

N302DP, LLC v. Chardan Aero Corp.

Appellant, N302DP, LLC (“N302DP”) seeks review of a final judgment
which, though entered in its favor on the issue of breach, limited its damages to
$24,626.50. We hold that the trial court erred in so limiting N302DP’s damages,
and reverse and remand.
N302DP was formed in 2007 by R. Donahue Peebles for the purpose of
purchasing a Gulfstream IIB aircraft. Peebles had agre... More...
   $0 (11-12-2014 - FL)

United States of America v. Shawn Fuentes

Fort Myers, Florida – U.S. District Judge John E. Steele yesterday sentenced Shawn Fuentes to five years in federal prison for mail fraud and tax evasion. The Court also ordered Fuentes to pay restitution to Naples Concrete and Masonry in the amount of $1,951,459, and to pay restitution to the IRS in the amount of $624,728. As part of her sentence, the court entered a money judgment in the amo... More...   $0 (10-28-2014 - FL)

United States of America v. Irene Stay

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announce that Irene Shannon, formerly known as Irene Stay, 50, of Miami, was sentenced today in Mi... More...   $0 (08-29-2014 - FL)

Harvey Jay Weinberg and Kenneth Alan Weinberg v. Betty Weinberg

Beneficiaries of a trust appeal an order denying their request to enforce a $500 per diem contempt fine against a trustee for her non-compliance with multiple court orders. They argue the trial court erred in not enforcing the original contempt order, the trustee waived any defect in the original contempt order by not taking an appeal, and that the trial court erred in finding it did not have the ... More...   $0 (05-07-2014 - FL)

Robert Blechman v. Katherine Dely

Appellant appeals the trial court’s order finding him in contempt and removing him as personal representative of the Estate of Bertram Blechman. We find that the trial court violated appellant’s due process rights by finding him in indirect criminal contempt without complying with the procedures outlined in Florida Rule of Criminal Procedure 3.840 and by removing him as personal representative... More...   $0 (05-14-2014 - FL)

Louisa Tumelaire v. Naples Estate Homeowners Association, Inc.

Louisa Tumelaire has filed a petition for writ of certiorari seeking review of a nonfinal circuit court order addressing various discovery issues. We grant the petition in part and deny it in part.

Tumelaire is a resident of Naples Estates, a mobile home park, and a member of the Naples Estates Homeowner's Association, Inc. (HOA). In the underlying action, she filed a complaint against the ... More...
   $0 (05-07-2014 - FL)

Marcia L. Weiser v. Sandy Weiser

Appellant Marcia Weiser appeals a non-final order of the trial court granting in part Appellee Lawrence Taube’s Amended Motion to Ratify Distributions and Other Relief, which required Appellant to return $15,200 to the guardianship of her mother. For reasons stated below, we affirm.

Lawrence Taube was the former plenary guardian of Appellant’s mother before Appellant and her brother, ... More...
   $0 (04-09-2014 - FL)

The Estate of Idelle Stern v. Oppenheimer Trust Company

The appellants challenge the trial court’s order dismissing the portions of their counterclaim against Oppenheimer Trust Company (“Oppenheimer”) relating to the Stern Charitable Remainder Unitrust (“CRUT”) due to a forum selection clause in an agency investment agreement governing that trust. We agree that the agency agreement is the sole document governing the relationship and duties be... More...   $0 (03-19-2014 - FL)

Scherry D. Jenkins v. Plaza 3000, Inc.

Appellant, Scherry Jenkins, appeals and appellee, Plaza 3000, Inc., cross-appeals a final judgment entered for Plaza. Plaza sought a judgment and to foreclose a lien for unpaid maintenance assessments. Appellant had counterclaimed against Plaza alleging multiple causes of action, which counterclaim was dismissed by the trial court for failure to state a cause of action. Attorney’s fees were als... More...   $0 (02-12-2014 - FL)

Robert Dingle and Janet L. Dingle v. Jacqueline C. Dellinger

Robert and Janet Dingle appeal the dismissal with prejudice of their legal malpractice claims against attorney Jacqueline Dellinger and the Millhorn Law Firm, L.L.C. We affirm in part, reverse in part, and remand.

2

This suit arose out of the alleged failure of Dellinger to properly draft documents gifting property to the Dingles. According to the Dingles’ third amended complaint, ... More...
   $0 (02-07-2014 - FL)

Portofino Professional Center, Inc. v. Prime Homes at Portofino

Portofino Professional Center Condominium Association, Inc. (“the Association”) challenges an order granting a motion to strike its untimely filed amended complaint and an order denying its motion for an enlargement of time to file that complaint. Because the practical effect of these two orders is to dismiss appellant’s complaint with prejudice, and because the trial court entered the order... More...   $0 (02-05-2014 - FL)

The Leila Corporation of St. Pete v. Fareed Ossi

The Appellants, the Leila Corporation of St. Pete; Susan J. Agia, individually and as trustee of the Susan J. Agia Living Trust; and Dr. Raymond Agia, appeal a final judgment, which the Appellees, Fareed Ossi; Ossi Consulting Engineering, Inc.; and Ossi Construction, Inc., also appeal. The trial court entered a final judgment on numerous claims and counterclaims. It denied relief to all parties se... More...   $0 (01-17-2014 - FL)

Marshall R. Cassedy, Jr. v. Alland Investments Corporation

Appellant, Marshall R. Cassedy, Jr., challenges a final order denying him damages in an action for accounting. We determine the final order appears to have applied the wrong burden of proof for determining the legitimacy of certain expenditures made by appellees. This error is particularly apparent in light of the lack of any evidence to demonstrate that many of the contested expenditures were mad... More...   $0 (01-03-2014 - FL)

Buford Cody v. David Cody

Buford Cody appeals the final order of the probate court which determined the boundaries of particular portions of real property to individuals, when no such specifics were contained in the will of Earler T. Martin, Jr. Also before this Court for review is the previous order of the probate court, entitled “Order Construing

2

Will,” which was not an appealable final order upon its... More...
   $0 (11-26-2013 - FL)

Matthew Rocca v. Victor Rones

This petition for writ of certiorari comes to us after the trial court ordered the deposition of a non-testifying expert witness and also issued an order requiring the petitioner to show cause why he should not be sanctioned for instructing the same expert witness to refuse to answer deposition questions at a prior ordered deposition. We agree that the trial court’s rulings depart from essential... More...   $0 (11-13-2013 - FL)

Granada Lake Villas Condominium Association, Inc. v. Metro-Dade Investments Co., et al.

Granada Lakes Villas Condominium Association (“Granada”) argues that the Second District Court of Appeal in Metro-Dade Investments, Co. v. Granada Lakes Villas Condominium, Inc., 74 So. 3d 593 (Fla. 2d DCA 2011), erred because sections 617.1432, 718.117, and 718.1124, Florida Statutes (2010), restrict a trial court’s inherent, equitable authority to appoint a receiver in an action involving ... More...   $0 (10-31-2013 - FL)

Arthur F. McCormick v. Gail C. Cox

The trustee, his son, and their law firm appeal an adverse final judgment against them in an action brought by the beneficiaries of family trusts. After an eight-day trial, the probate division of the circuit court: removed the trustee, finding that he had breached his fiduciary duties to the beneficiaries; found that the trustee and his son also acted in a dual capacity as attorneys for the trust... More...   $0 (08-23-2013 - FL)

William H. Chastain v. Dewey J. Chastain

This appeal and cross-appeal challenge the attorney’s fees awarded to the parties following a lawsuit filed by Appellants/Cross-Appellees against

2

Appellees/Cross-Appellants. Both sides raise several issues in this proceeding, only three of which merit discussion. For the reasons that follow, we reverse both awards and remand for further proceedings.

Appellant/Cross-Appelle... More...
   $0 (08-23-2013 - FL)

Norma Toussaint v. Henry Toussaint

In the case under review, we are required to interpret the provisions of a marital settlement agreement (MSA) which apportioned the military retirement benefits of Henry Toussaint, the former husband, appellee. Norma Toussaint, the former wife, appeals a final order interpreting the subject provision of the MSA, described by the trial court as unambiguous, to limit the portion of the military reti... More...   $0 (01-24-2013 - FL)

Daniel Delmonico v. Tony Crespo

Daniel Delmonico appeals a final order awarding attorney’s fees and costs to Donovan Marine, Inc. (“DMI”). DMI cross-appeals. Of the issues raised on appeal and cross-appeal, we find that two have merit. We find that the trial court abused its discretion in failing to make specific findings as to the number of hours reasonably expended and in awarding nontaxable costs as a sanction under sec... More...   $0 (12-10-2012 - FL)

Tamara Swan v. Matthias Trost

Tamara Swan is the niece and guardian of the ward, Erich Trost. She is also the trustee of the Erich Trost Trust. Ms. Swan seeks certiorari review of the trial court's nonfinal order compelling production of corporate, Trust, and financial documents to Matthias Trost, the ward's estranged son. We have jurisdiction. See Fla. R. App. P. 9.030(b)(2)(A). We grant the petition for writ of certiorari an... More...   $0 (11-12-2012 - FL)

Blue Star Palms, LLC v. LED Trust, LLC

The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an... More...   $0 (10-24-2012 - FL)

Miami Children's Hospital Foundation, Inc. v. Estate of Elaine B. Hillman

Miami Children’s Hospital Foundation, Inc. (MCHF), appeals a trial court’s order finding Miami Care Foundation, Inc. (Miami Care), to be the intended beneficiary of a pourover trust from the Estate of Elaine B. Hillman. At issue in this case is whether the trial court erred in concluding that there was an ambiguity in the trust document in order to conclude that Miami Care should be the benefi... More...   $0 (10-10-2012 - FL)

Harris Schwartzberg v. Kim K. Knoblock

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est... More...   $0 (09-07-2012 - FL)

Rosa LaRue v. Kalex Construction and Development, Inc.

The issue we must resolve in this appeal is whether full performance of an alleged oral employment agreement, which was incapable of performance within one year, is barred by the statute of frauds. Because we conclude that it is barred, we affirm the trial court’s order granting summary judgment and entering final judgment in favor of Kalex Construction and Development, Inc. (“Kalex”).
More...
   $0 (08-23-2012 - FL)

Edward Harris Kountze v. Charles Denman Kountze

Edward Harris Kountze, Individually and as the Trustee of the Denman Kountze, Jr., Revocable Trust (Trustee), challenges an order of the trial court entered in Charles Kountze's breach of fiduciary duty suit against Edward, as Trustee of their deceased father's trust. Specifically, Edward challenges only the portions of the trial court's order removing him as Trustee and requiring him to transfer ... More...   $0 (08-01-2012 - FL)

Jeffrey H. Atwater v. Frederick W. Kortum

This case concerns a statutory regulation affecting public insurance adjusters, who are authorized to assist insureds and thirty-party claimants in the filing and settlement of insurance claims. We have on appeal Kortum v. Sink, 54 So. 3d 1012 (Fla. 1st DCA 2010), in which the First District Court of Appeal declared invalid section 626.854(6), Florida Statutes (2008), a provision regulating solici... More...   $0 (07-05-2012 - FL)

Diane Mathes v. Mark Mathes

This is an appeal from the final judgment in a bifurcated divorce proceeding. In a partial final judgment entered prior to the final judgment that is challenged in this appeal, the trial court dissolved the marriage of Diane and Mark Mathes. We reverse the final judgment.

Diane and Mark Mathes not only were husband and wife, but they were also the owners, officers, and employees of a Florid... More...
   $0 (06-15-2012 - FL)

Harris Schwartzberg v. Kim K. Knoblock

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est... More...   $0 (05-16-2012 - FL)

 
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