CIVIL CASE LAW: 3d DCA
Certified Question of Great Public Importance. No. 3D16-1804 Does section 99.061(7)(a)1 require a candidate’s disqualification when the candidate’s qualifying fee check is returned by the bank after the expiration of the qualifying period due to a banking error over which the candidate has no control?
Agreement barred relief sought. No. 3D14-1433 3d DCA reverses the trial court’s disgorgement determination because the appellees’ disgorgement and “wrongful taking” claims were barred by the settlement agreement and releases entered by parties and previously approved by the court.
CIVIL CASE LAW: 4th DCA
Stalking is within the definition of violence. No. 4D15-4607 4th DCA reverses the trial court’s denial of appellant’s petition for injunction for protection against repeat violence because sufficient evidence was presented to warrant an injunction, and the court overlooked the fact that the definition of “violence” under section 784.046, Florida Statutes (2015), includes stalking.
Plaintiffs did not prove liability for discriminatory enforcement. No. 4D14-4552 4th DCA reverses the jury verdict in the civil rights action because the evidence did not support the jury’s finding that the defendant personally selectively enforced the town ordinances or supervised anyone who selectively enforced the town ordinances against the plaintiffs.
Legal Description Error: Is there constructive notice? When a recorded mortgage contains a legal description error, the error is generally cured by the inclusion of a reformation count in the foreclosure complaint. However, a valid notice issue may arise if the legal description error is not harmless and there is a subsequent purchaser for value. […]
There is a minor. On occasion, there is a document transferring property to a minor. If the transfer is pursuant to Chapter 710 of the Florida Statutes, the document will generally identify the custodian. Fla. Stat. § 710.111(e) (2017). Nevertheless, the conveyance to the minor should be reviewed in accordance with section 710.113 of the […]