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CIVIL CASE LAW: 3d DCA

Contempt fine against DCF was improper.

By Sophia NS Blair Esq. | September 24, 2015

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.

By Sophia NS Blair Esq. | September 16, 2015

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.

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CIVIL CASE LAW: 4th DCA

Stalking is within the definition of violence.

By Sophia NS Blair Esq. | August 17, 2016

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.

By Sophia NS Blair Esq. | August 17, 2016

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.