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
Order lacks necessary findings and conclusions to support remittitur. No. 4D13-0061 4th DCA reverses the trial court’s order reducing the jury awards for past and future pain and suffering because an order of remittitur is ‘deficient’ where it ‘contains an incantation of conclusory statements,’ and merely tracks the language of section 768.74 as reasons for […]
Final judgment should have been vacated. No. 4D14-473 4th DCA, on confession of error, reverses the trial court’s denial of appellant’s motion to vacate final judgment because the case was removed to federal court and it was dismissed with prejudice by the federal judge leaving the circuit court without jurisdiction to enter a final judgment.
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 […]