A Party’s Attorney is Legally Insufficient to Execute Sworn Affidavit Under Fla. Stat. §222.12 ; Affidavit Must be Executed by Party Who Sued

Caproc Third Ave., L.L.C. v. Donisi Ins. Inc., and Donosi, 4D09-4792 June 1, 2011 The Fourth District wrote to address the issue of who may properly deny facts set forth in a judgment debtor’s affidavit for exemption under section 222.12, Florida Statutes. Caproc Third Avenue, LLC (“Caproc”) obtained a final judgment against Charles Donisi. A writ...

Tipsy Coachman, Anticipatory Repudiation, and Adhering to Your Own Contractual Remedies: Fourth DCA Affirms Judgment for Prospective Home Buyers Despite Seller’s Assertion of Anticipatory Repudiation Defense

Shelby Homes at Millstone, Inc. v. Cullinane, 4D10-289 May 18, 2011 Four months prior to expiration of the contractual time period for completion of a home, the buyers’ counsel sent a letter to the seller’s counsel stating that the home buyers “may not be able to obtain financing under the same terms and conditions as originally...

Reverses Order Dismissing Suit Entered Following Hearing Noticed Only as Status Conference

Marcline v. Florida Insurance Guaranty Association, 4D09-4948 May 25, 2011 The Fourth DCA recently reversed a trial court order dismissing the appellants’ case with prejudice entered following a status conference. The appellants had filed a claim with the Florida Insurance Guaranty Association (“FIGA”) after their insurer became insolvent. The appellants eventually sued for breach of contract...

Specificity Needed to Support Jury Award for Lost Profits Based on Defamation, But Not for General Damages to Reputation

NITV, L.L.C. v. Baker, 4D10-1503 May 25, 2011 NITV appealed an adverse jury verdict in the amount of $575,000, based upon Baker’s defamation claim. Baker and NITV were in competition, as they both distributed and provided training for similar “truth verifier” software programs used by law enforcement agencies. NITV prepared two documents, one of which was...

Fourth DCA Reverses Order Draft by Former Wife Forcing Sale of Former Husband’s Residence to Satisfy Alimony Arrearages Where Former Husband Had No Opportunity to Object

Ross v. Ross, 4D11-107 The Fourth District recently wrote to address an appeal from an order that forced the sale of the Former Husband’s residence to satisfy his alimony arrearages. The Former Wife had drafted the ten-page order that the Court characterized as “very unfavorable” to the Former Husband, as it included findings that he...