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Florida Estoppel Law
 
United States of America v. Forest Hill Garden's East Condominium Association, Inc. and Forest Hill Cardens Property Owners' Association, Inc.

The simplest description of this case is that it involves a dispute between a bank, which foreclosed a first mortgage, and a condominium association. In fact, however, the plaintiff is the United States of America,1 suing on behalf of the Secretary of the Department of Housing and Urban Development ("HUD"), as the successor to two separate banks, each of which foreclosed a first mortgage, and - to... More...   $0 (01-03-2014 - FL)

DAVID S. HUFFMAN v. STATE OF FLORIDA

In circuit court case number 1972-CF-0870-NC, a jury found Mr. Huffman
guilty of rape, at the time a capital felony, and breaking and entering with intent to
commit grand larceny.1 In November 1972, the trial court sentenced him to parole
eligible life sentences for both convictions. This court affirmed both convictions and the
parole-eligible life sentence imposed for the rap... More...
   $0 (06-06-2016 - FL)

STATE OF FLORIDA v. FRANK J. BRICE, JR

Late on the night of July 6, 2013, police discovered Mr. Brice naked with
his girlfriend in the backseat of her mother's car. They were parked in an open lot
adjacent to a technical high school located in a local community center. As the police
approached the car, Mr. Brice jumped from the back seat to the front seat. The officers
saw Mr. Brice reach under the front seat and... More...
   $0 (06-06-2016 - FL)

The State of Florida vs. Ryan Charles Lindemuth

The issue before this Court is whether the State may re-file an information
that has been dismissed without prejudice after the trial court struck and therefore
did not consider the State’s response to the defendant’s sworn motion to dismiss
pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). For the reasons that
follow, we conclude that the State was not barred from r... More...
   $0 (05-05-2016 - FL)

Richard Walker v. State of Florida

Appellant/cross-appellee Richard Walker timely appeals his sentence, arguing that the trial court imposed a vindictive sentence, higher than the sentence offered in plea negotiations in which the court participated. The State cross-appeals, arguing that the trial court erred by dismissing one of appellant’s charges at sentencing. We affirm appellant’s sentence, concluding that the court did not ... More...   $0 (04-21-2016 - FL)

Florida Department of Transportation v. Dorthy Schwefringhaus, et al.

The Florida Department of Transportation (DOT) appealed a judgment
awarding $502,462.22 to CSX Transportation, Inc. (CSX) as indemnity for the
amount of a settlement and related attorneys’ fees paid by CSX to resolve a
negligence action arising from an accident at a railroad crossing. CSX Transp.,
Inc., 128 So. 3d at 210. CSX requested indemnification under a 1936 crossing More...
   $0 (04-08-2016 - FL)

William P. Aubin v. Union Carbide Corporation

William P. Aubin worked as a construction supervisor for his father’s
company between 1972 and 1974, overseeing construction of the residential
development Desoto Lakes in Sarasota, Florida. While at work on the construction
site, Aubin was exposed to and inhaled respirable dust created by the sanding and
sweeping of drywall joint compounds and spraying of ceiling texture spra... More...
   $0 (11-01-2015 - 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)

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)

Leticia Morales v. Zenith Insurance Company

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO... More...
   $0 (12-04-2014 - FL)

Wells Fargo Bank, N.A. v. Calvin M. Rutledge

Wells Fargo Bank, N.A., appeals the final summary judgment granting title to Calvin Rutledge and discharging Wells Fargo's lis pendens against the underlying property in this foreclosure action. Because we agree that Wells Fargo was not barred from pursuing foreclosure in the circuit court by laches or equitable estoppel and that material issues of fact remain as to the authenticity of Mary Dias's... More...   $0 (10-10-2014 - FL)

Brett S. Stetter v. Alan Richardson

In this consolidated appeal, Brett J. Stettner (“Stettner”) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc... More...
   $0 (07-16-2014 - FL)

Nadine Peterson v. Ronald E. Lundin

Ronald E. Lundin filed a complaint against Nadine and William Peterson, claiming in part that he was entitled to possession of a dog (Krystal the Bedlington Terrier) as well as her offspring and that the Petersons were in wrongful possession of them. The circuit court entered partial summary judgment in favor of Lundin on his
- 2 -
replevin claim and ordered the Petersons to give Lundin po... More...
   $0 (07-18-2014 - FL)

5F, LLC v. Robert Dresing

5F, LLC, challenges the order granting final summary judgment in favor of Robert Dresing, Sarah F. Dresing, and the Northern Trust Company, trustee for the Michael W. O'Shaughnessy Trust (collectively referred to as the Dresings). The lower
- 2 -
court found that the Dresings, as riparian land owners, have a common law right to construct a pier on submerged land owned by 5F which abuts the... More...
   $0 (07-16-2014 - FL)

Fernando Montes v. Mastec North America, Inc.

Fernando Montes and his wife appeal a final summary judgment against them in favor of Mastec North America, Inc. The circuit court lawsuit arose from

2

personal injuries sustained by Mr. Montes, a condominium security guard, in 2008 when a ladder owned or used by Mastec allegedly fell on him, with resulting medical expenses exceeding $100,000. The final summary judgment was based on ... More...
   $0 (02-12-2014 - FL)

In Re: Standard Jury Instructions - Contract and Business Cases

This matter is before the Court upon the report, recommendation and proposal of the Supreme Court Committee on Standard Jury Instructions— Contract and Business Cases and a printed book of instructions prepared by the Committee for use when appropriate in civil cases. We have jurisdiction. See art. V, § 2(a), Fla. Const. This Court generally approves the theory and technique of instructing juri... More...   $0 (06-06-2013 - FL)

Lisa M. Detourney, et al. v. City of Coral Gables, etc., et al.

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A... More...   $0 (12-04-2013 - FL)

Edward I. Golden v. Carol Ann Jones

Appellant Edward Golden, the curator of the Estate of Katherine Jones, appeals a final order striking a claim filed against the Estate of Harry Bruce Jones. We reverse, because the trial court erred in determining that the claim was untimely without first determining whether the claimant was a known or reasonably ascertainable creditor. We hold that if a known or reasonably ascertainable creditor ... More...   $0 (10-30-2013 - FL)

Alvin Walker v. R.J. Reynolds Tobacco Company

We sua sponte vacate and reconsider our original opinion in this matter. We substitute the following opinion for our original opinion.

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal cou... More...
   $0 (10-30-2013 - FL)

Alvin Walker v. R.J. Reynolds Tobacco Company

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal court. Florida smokers and their survivors filed in state court a class action against the major tobacco companies that manufacture cigarettes in t... More...   $0 (09-12-2013 - FL)

John Rizzuto v. Philip Morris USA and Liggett Group

John Rizzuto, age 66, sued Philip Morris USA and Liggett Group on products liability theories claiming to have been injured and/or damaged by the cigarettes manufactured and sold by the Defendants that he claimed caused him to developed COPD. Rizzulo started smoking at age 13.

He claimed that the Defendants created and designed nicotine-delivering devices that were marketed to ensnare tee... More...
   $12550000 (08-23-2013 - FL)

Pulte Home Corporation v. Bay at Cypress Creek Homeowners' Association, Inc.

Pulte Home Corporation (Pulte) seeks review of the circuit court's order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners' Association, Inc. (the HOA), for alleged building code

- 2 -

violations under section 553.84, Florida Statutes (2011). 1 We reverse the order under review on the authority of Pulte Home Corp. v. Vermilli... More...
   $0 (08-09-2013 - FL)

State Farm Mutual Automobile Insurance Company v. Scott Christopher Siegie

State Farm Mutual Automobile Insurance Company appeals from a $100,000 judgment entered in favor of its insured, appellee Scott Siergiej, in an action

- 2 -

seeking uninsured motorist coverage. The judgment equals the coverage limit on the uninsured motorist policy State Farm issued to Mr. Siergiej. The jury's verdict totaled $211,000. Before trial, State Farm waived its right to sub... More...
   $0 (06-14-2013 - FL)

Philip Morris USAS, Inc. v. James L. Douglas

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE ... More...   $0 (03-14-2013 - FL)

TDM of Central Florida, LLC v. Saul Holdings Limited Partnership

The Appellant, TDM of Central Florida, LLC ("TDM"), appeals the final summary judgment entered in favor of the Appellee, Saul Holdings Limited Partnership ("Saul Holdings"). TDM contends that the trial court should not have granted summary judgment in this case because issues of material fact remain. We agree and reverse.

On April 8, 2008, TDM entered into a commercial lease with Saul Holdi... More...
   $0 (01-18-2013 - FL)

Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Company

The borrowers in a commercial real estate transaction appeal an order of the trial court granting final judgment of foreclosure in favor of First- Citizens Bank & Trust Co. We affirm, holding that (1) the trial court did not abuse its discretion in granting summary judgment while discovery was outstanding and (2) the borrowers have shown no material issues of fact that would preclude summary judgm... More...   $0 (01-16-2013 - FL)

Inacio Lobo v. Celebrity Cruises, Inc.

In Lobo v. Celebrity Cruises, Inc. (“Lobo I”), 488 F.3d 891 (11th Cir. 2007), we held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) and its implementing legislation, 9 U.S.C. §§ 202- 208, superceded the Seaman’s Wage Act, 46 U.S.C. § 10313, and required the District Court to grant a motion to compel arbitration of a foreign seaman’s... More...   $0 (01-08-2013 - fl)

Laura Mason v. Russell Janssen

Laura Mason seeks a writ of certiorari to quash a circuit court order that denied her amended motion to compel Russell Janssen's compliance with discovery and directed that discovery would be permitted only if Mason filed a motion for modification of child support. We grant the petition.

The parties had a child in February 1994 and began litigating within a few months thereafter. In 1997, M... More...
   $0 (09-14-2012 - 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)

Union Carbide Corporation v. William P. Aubin

Union Carbide Corporation (“Union Carbide”) appeals from a final judgment awarding Aubin $6,624,150 in damages on his asbestos-related, products liability claims. Because Aubin failed to present any evidence demonstrating that the defective design of SG-210 Calidria caused Aubin’s harm, peritoneal mesothelioma, we reverse the trial court’s denial of Union Carbide’s motion for a directed ... More...   $0 (08-23-2012 - FL)

Atef Zakhary, M.D. v. Raymond Thompson, PSM, Inc.

Atef Zakhary, M.D., and Heba Zakhary, his wife ("the Zakharys"), appeal a final summary judgment in their action against Raymond Thompson PSM, Inc.; its employee, Eric Blackburn; and Raymond Thompson individually (collectively "Raymond Thompson"). We reverse and remand for further proceedings.

The Zakharys filed a lawsuit against Raymond Thompson, which is a land surveying company, alleging... More...
   $0 (08-08-2012 - FL)

Lash & Goldberg, LLP v. Andrea Clarke

We reverse an order denying a motion to compel arbitration. The complaint’s allegations of concerted conduct between parties and nonparties to the arbitration agreement permit the non-parties to insist on arbitration under the agreement.

Andrea Clarke filed a multi-count complaint against Palm Beach Gardens Community Hospital, Inc., Tenet South Florida Regional Resource Pool, Tenet Health... More...
   $0 (05-16-2012 - FL)

Frank C. Caballero v. Phoenix American Holdings, Inc.

This is an appeal by a counter-plaintiff, Frank C. Caballero, from a final summary judgment finding the language of a General Release executed by Caballero exonerates the appellees—five third-party corporate defendants: Phoenix American Holdings, Inc.; Phoenix American Insurance Group, Inc.; Phoenix American Administrators, Inc.; Insurance Adjustment Services, Inc.; and Wynn’s Extended Care, I... More...   $0 (01-18-2012 - 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)

Doris Rich Corya v. Roy Sanders

Appellant challenges a final summary judgment in which the trial court ordered appellant to file accountings for various trusts of which appellant was trustee. Because there are disputed issues of material fact as well as the fact that the appellee, as moving party, failed to negate appellant’s affirmative defenses, we reverse.

Appellee, Roy Sanders, is a beneficiary of several trusts tha... More...
   $0 (12-07-2011 - FL)

Terry Layne v. Nancy Marie Layne

Appellant appeals the trial court’s Order of Subsequent Summary Administration in which the court found that Appellant had no interest in certain real property held by his late father’s estate and, instead, distributed the property to Appellant’s sister and his father’s former wife. For the reasons explained below, we reverse.

Factual Background

The facts in this case were un... More...
   $0 (11-16-2011 - FL)

Omar Miranda v. Azul Plastering Corp.

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying all claims on statute of limitations grounds. Claimant raises two points on appeal. We affirm the argument that entry of a prior order requiring the Employer/Carrier (E/C) to pay a bill revived the claim despite the statute of limitations, as that argument was not preserved for appella... More...   $0 (11-16-2011 - FL)

Odette Schwartz v. The Guardian Life Insurance Company of America

Odette Schwartz appeals the denial of her motion for summary judgment a n d th e granting of summary judgment in favor of The Guardian Life Insurance Company of America (“Guardian Life”). Odette raises five issues on appeal regarding the order granting Guardian Life’s motion for summary judgment. She contends the trial court erred by (1) granting summary judgment when the facts are in disput... More...   $0 (10-05-2011 - FL)

Black Diamond Properties, Inc. v. Charles S. Haines

Defendants, Black Diamond Properties, Inc. (“Properties, Inc.”), Black Diamond Realty (“Realty, Inc.”), and Stanley C. Olsen, appeal a final judgment based upon a jury verdict awarding damages for misleading advertising to Plaintiffs, Charles and Kathy Haines, Angelo and Brenda Masut, Tom Howell, and Richard Conboy. The issues we will address are whether the misleading advertising claims a... More...   $0 (09-23-2011 - FL)

Jackson Hewitt, Inc. v. Frank A. Kaman

In this appeal, Jackson Hewitt, Inc., a franchisor, asks us to decide whether it can be held liable to Frank A. Kaman and Ellen M. Kaman, investors defrauded by an affiliate of one of its franchisees. On the facts presented, we hold that Jackson Hewitt is not liable to the Kamans. Accordingly, we reverse the final judgment entered on the jury's verdict in the Kamans' favor. On the Kamans' cross-ap... More...   $0 (09-09-2011 - FL)

 
 
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