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Fifth District Rules on Appeals Arising from Breach of Contract Action 21 Aug 2013 | 09:12 pm
Bombardier v. Signature, 5D12-2401, 5D12-2403 (Fla. 5th DCA 2013): This consolidated appeal and cross-appeal arose from a breach of contract dispute. Bombardier manages an aircraft fleet for use by it...
The Litigation Privilege Applied to Malicious Prosecution 17 Aug 2013 | 01:48 am
Wolfe v. Foreman, 3D10-3055 (Fla. 3d DCA 2013): The issue in this appeal was whether the litigation privilege, which protects actions taken in the course of and related to a judicial proceeding from c...
Fourth District Concludes that Proposal for Settlement was Valid 14 Aug 2013 | 09:34 pm
Alamo Financing, L.P. v. Mazoff, 4D11-3097 (Fla. 4th DCA 2013): Mazoff filed a lawsuit seeking damages from Alamo Financing and Paola Alvarado-Fernandez. Alamo Financing owned the vehicle rented by Al...
Setting Aside a Judicial Foreclosure Sale 24 Jul 2013 | 12:57 am
Arsali v. Chase Home Finance LLC, SC12-600 (Fla. July 11, 2013): The Florida Supreme Court approved the results of the Fourth District’s decision in Arsali v. Chase Home Finance, LLC, 79 So. 3d 845 (F...
Implied Warranties Apply to Improvements that Provide Essential Services 22 Jul 2013 | 08:07 pm
Maronda Homes, Inc. v. Lakeview Reserve, SC10-2292 (Fla. July 11, 2013): The Florida Supreme Court agreed with the Fifth District that the law of implied warranties of fitness and merchantability appl...
Right to Inspect Corporate Financial Records 9 Jul 2013 | 08:11 pm
Omes v. Ultra Enterprises, Inc., 3D12-814 (Fla. 3d DCA 2013): The legal issue analyzed by the Third District Court of Appeal (“3d DCA”) was whether a corporation or LLC that fails to maintain an accou...
Wells Fargo Sought to Vacate a Judgment in Their Favor 1 Jul 2013 | 11:31 pm
Wells Fargo Bank, N.A. v. Giglio, No. 4D12-418 (Fla. 4th DCA 2013): Wells Fargo sought reversal of the trial court’s order denying its requests to: (1) approve a dismissal of the case; (2) set aside t...
Trial Court Order Threatened Defendant’s Interest in the Confidentiality of Business Documents 25 Jun 2013 | 09:15 pm
Rocket Group, LLC v. Jatib, 4D13-134 (Fla. 4th DCA May 29, 2013): Jatib (“Plaintiff”) sued Rocket Group (“Defendant”) for breach of the company’s operating agreement and dissolution of the company bas...
The Fourth District Court of Appeal Grants Petition Regarding the Waiver of Privilege Objections 11 Jun 2013 | 10:50 pm
DLJ Mortgage Capital, Inc. v. Fox, 4D12-2264 (Fla. 4th DCA 2013): This petition arose from a residential mortgage foreclosure action. DLJ sought review of an order finding that it waived the right to ...
The Fourth District Court of Appeal Reversed an Order of Dismissal for Fraud on the Court 6 Jun 2013 | 12:51 am
Herman v. Intracoastal Cardiology Center, 4D11-1214 (Fla. 4th DCA 2013): Mr. Herman appealed a final order dismissing his wrongful death medical malpractice lawsuit for fraud on the court. The lawsuit...
