25 Fla. L. Weekly Fed. C263a Civil rights — Employment discrimination — Family and Medical Leave Act — Equal Pay Act — COBRA — Action alleging former employer interfered with plaintiff’s right to take parental leave by forcing her to work from home immediately after she gave birth; discriminated against her on basis of gender Read More »
Archives for August 2014
UM carrier’s confessed judgment in amount of policy limits precluded plaintiff from amending complaint to state additional claims
39 Fla. L. Weekly D1727a Insurance — Uninsured motorist — Jurisdiction — Once insurer confessed judgment for its policy limits, trial court lacked jurisdiction to take any action other than to enter judgment in amount of UM policy limits in favor of insured — Trial court departed from essential requirements of law by allowing insured Read More »
Sovereign Immunity — Stormwater management — District entitled to statutory immunity
39 Fla. L. Weekly D1689b Torts — Negligence — Stormwater management — Immunity — Action by property owners against district board of trustees for state college alleging negligent design and operation of stormwater management system, which partially failed during an extraordinary rain event due to breach in pond retaining wall, resulting in overflow which ultimately Read More »
Accord and Satisfaction by statute–written communication must contain conspicuous statement that instrument is tendered as full satisfaction of claim
39 Fla. L. Weekly D1679b Contracts — Accord and satisfaction — Condominiums — Where purchaser of condominium unit at foreclosure sale tendered a check to condominium association in full and final satisfaction of association’s disputed claim for past due assessments, association’s negotiation of the check resulted in an accord and satisfaction — Trial court erred Read More »
Motion in Limine as to duty element of negligence claim tantamount to Motion for Summary Judgment and required sufficient notice
39 Fla. L. Weekly D1604b Torts — Summary judgment — Trial court erred in effectively granting defendant’s motion for summary judgment under the guise of a motion in limine — Motion in limine was used to grant summary judgment without affording plaintiff required notice — Hearing on motion in limine may not serve as a Read More »