CIVIL CASE LAW: 3d DCA
Contempt fine against DCF was improper. No. 3D15-1470 3d DCA reverses the trial court’s contempt fine against DCF because the trial court failed to follow the procedures laid out in the Florida Rules of Juvenile Procedure for either a criminal or civil contempt proceeding and the court did not provide the Department with a reasonable […]
Contingency fee multiplier rarely warranted. No. 3D14-1291 3d DCA reverses, in part, the trial court’s final judgment of attorney’s fees because the application of a multiplier is the exception, not the rule, and the case did not warrant a contingency fee multiplier.
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 […]