Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings

Florida Supreme Court Clarifies Procedure for Seeking Attorney’s Fees for Original Proceedings There has been some confusion about when and how a party must seek prevailing-party attorney’s fees for an original proceeding in an appellate court under Rule 9.100, including petitions for writs of certiorari, mandamus, prohibition, habeas corpus, quo warranto, and “all writs.” Until...

Florida Supreme Court Curtails Medical Malpractice Defense

Florida Supreme Court Curtails Medical Malpractice Defense Saunders v. Dickens, 39 Fla. L. Weekly S 494 (Fla. July 10, 2014)* In several medical malpractice cases, defendants have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even...

Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively

Fourth DCA Holds that Florida Statute Commencing Limitations Period for Property Insurance Suit at Date of Loss Does Not Apply Retroactively Donovan v. Florida Peninsular Ins. Co., 39 Fla. L. Weekly D 1421 (Fla. 4th DCA 2014) The Fourth District Court of Appeal (“DCA”) recently held in favor of a homeowner in a case that posed...

Fourth DCA Holds That Inheritance Commingled with Marital Funds Became Marital Property Subject to Equitable Distribution

Fourth DCA Holds That Inheritance Commingled with Marital Funds Became Marital Property Subject to Equitable Distribution A divorce proceeding forces the parties, their attorneys, and possibly the court, to examine the parties’ assets to determine which assets are marital and which are non-marital. Absent an agreement between the parties, the marital assets are then subject...

Florida Supreme Court: State Law Prohibits Discrimination on the Basis of Pregnancy

Florida Supreme Court: State Law Prohibits Discrimination on the Basis of Pregnancy On April 17, 2014, the Florida Supreme Court decided that “discrimination because of sex” under the Florida Civil Rights Act (“FCRA”) includes discrimination based on pregnancy, which is a “natural condition and primary characteristic unique to the female sex.” Delva v. Continental Group,...

Bresky Law Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides**

Bresky Law Wins Reversal of Summary Judgment in Homeowner’s Dispute Over Condo Association’s Use of Chemical Pesticides Bresky Law recently won reversal of a trial court’s order granting summary judgment for a condominium association against a unit owner who objected to the association’s use of pesticides in her unit. The dispute began when the elderly...

Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt

Fourth DCA: Florida Courts Lack Jurisdiction to Order Debtor to Turn Over Property Located Outside of Florida to Satisfy Judgment Debt Harry Sargeant III, Mustafa Abu-Naba’a, and International Oil Trading Co., LLC v. Mohammed Anwar Fari Al-Saleh, Case No. 4D13-1447 The Fourth District Court of Appeal (“Fourth DCA”) recently decided an important case regarding the power...

Fourth DCA: Contempt Unavailable to Force Payment of Mortgage on Marital Home by Spouse Who Received Home in Dissolution of Marriage Proceeding

Fourth DCA: Contempt Unavailable to Force Payment of Mortgage on Marital Home by Spouse Who Received Home in Dissolution of Marriage Proceeding A common problem we have seen spouses encounter following divorce involves responsibility for the mortgage on the marital home. Family courts often award one spouse the marital home in equitable distribution. However, the...

Thinking of Handling Your Appeal Pro Se?

Thinking of Handling Your Appeal Pro Se? If you have lost a trial-level case or received an unfavorable interlocutory ruling, it is to your advantage to hire an appellate lawyer. Sometimes we see individuals decide to handle an appeal on their own (“pro se”), which can be complex and difficult for an individual who is...

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case

Firm Obtains Writ Disqualifying Judge from Presiding over Family Law Case The Father in a post-dissolution family-law dispute had twice filed motions asking the judge to disqualify herself because of the appearance of partiality. One motion was based on a letter where the judge disclosed that she had been personally represented by a partner in...