Monthly Archives: August 2011

Factual Differences in the Complaint and Cure Letters in a Foreclosure Proceeding Preclude Summary Judgment

By Robin Bresky |

Valencia v. Deutsche Bank National Trust Company, 4D09-3297 June 22, 2011 The Fourth District addressed an appeal of an order granting summary final judgment in favor if the lender in a foreclosure proceeding.  The complaint had alleged December 1, 2003 as the date of the borrower’s default. The mortgage required that the lenders provide… Read More »

State Taxation of Gasoline Sales Outside of Indian Lands Does Not Violate Indian Commerce Clause of U.S. Constitution

By Robin Bresky |

Florida Dep’t of Revenue v. Seminole Tribe of Florida, 4D10-456 June 22, 2011 The issue of the taxability of gasoline sales to the Seminole Tribe made off the reservation was presented to the Fourth District Court of Appeal.  The trial court granted the Seminole Tribe’s motion for summary judgment while denying the Department of… Read More »

Available Income is the Proper Basis for an Alimony Award; A Marital Lifestyle That Exceeds the Parties’ Earnings is not a Proper Guide for Awarding Alimony

By Robin Bresky |

Cissel v. Cissel, 4D09-3029 & 4D10-1324 June 22, 2011 The Fourth District wrote to address an appeal of an alimony award and child support.  The court below found the former husband, appellant, to have a gross monthly income of $18,109.  The figure was based on his average earnings during the preceding fourteen months of… Read More »

Finding of Contempt for Failure to Pay Medical Expenses Improper Where Good Faith Dispute Existed as to Whether Procedure Was Reasonable and Necessary

By Robin Bresky |

Lustgarten v. Lustgarten, 4D09-4404 June 22, 2011 The parties entered into a settlement agreement that required the former husband, who is a physician, to pay former wife’s Medicare insurance premiums and medical expenses not covered by Medicare. Former wife later brought a motion for contempt, alleging that the former husband refused to pay for… Read More »

Monetary Damages Not Available to Plaintiffs Under Firefighter’s Bill of Rights

By Robin Bresky |

Curtis v. City of West Palm Beach, 4D10-876 June 22, 2011 The Fourth District Court of Appeal addressed the issue of whether a firefighter could claim monetary damages under the Firefighter’s Bill of Rights (“FBR”). The firefighter sought monetary relief for alleged violations of the FBR by the City of West Palm Beach in… Read More »

A Motion for New Trial in a Small Claims Action Must Be Filed Within Ten Days and Such a Motion Tolls the Rendition of the Order of the Trial Court Until Disposition of the Motion.

By Robin Bresky |

Arafat v. U-Haul Center Margate, 4D10-1179 June 22, 2011 The Fourth District addressed a writ of certiorari challenging a circuit court’s dismissal of an appeal as untimely. Arafat filed a complaint in small claims county court for $5,000 based on a statement of claim for items that were removed from her storage unit. The… Read More »