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
Florida resident classification should not have been denied. No. 4D14-480 4th DCA, in light of the recent decision from the Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), reverses the Residency Appeals Committee of Florida Atlantic University’s denial of appellant’s request for classification as a Florida resident based on his Massachusetts marriage […]
UM insurer was not the prevailing party. No. 4D14-1183 4th DCA reverses the trial court’s final summary judgment because a party cannot claim victory, as a prevailing party by virtue of an entry of summary judgment, when the judgment was, in fact, adverse to the movant’s allegations and requested relief.
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 […]