26 Fla. L. Weekly Fed. S169aTop of Form Civil rights — Employment discrimination — Exhaustion of administrative remedies — Timeliness of complaint — Before a federal civil servant can sue his employer for violating Title VII, he must, among other things, “initiate contact with an Equal Employment Opportunity counselor at his agency “within 45 days Read More »

41 Fla. L. Weekly D1252aTop of Form Torts — Product liability — Action by father of child who was injured while playing at city park playground against manufacturer of jungle gym from which child allegedly fell, alleging design defects in jungle gym — Error to enter summary judgment for defendant where there was inconsistent testimony Read More »

41 Fla. L. Weekly D1238aTop of Form Civil procedure — Trial court erred in granting motion to dismiss without allowing plaintiff opportunity to amend complaint where no responsive pleading had been filed — Motion to dismiss was not a responsive pleading NINA SOLONENKO, Appellant, v. VOGUE PROPERTIES, LLC, Appellee. 4th District. Case No. 4D15-2065. May Read More »

41 Fla. L. Weekly D1236bTop of Form Civil procedure — Default — Relief from judgment — Error to deny rule 1.540(b) motion without evidentiary hearing where motion alleged, with sworn affidavits, that defendants did not receive notice of hearing on plaintiff’s motion for summary judgment in time to attend the hearing JAMES I. JONES, SR. Read More »

41 Fla. L. Weekly D1236aTop of Form Attorney’s fees — Trial court abused its discretion when it awarded attorney’s fees pursuant to section 57.105(1) without making detailed findings in its order regarding basis for the fees sanction CLAUTIDE JEAN-PIERRE, JAMES JEAN-PIERRE, and REYNOLD JEAN-PIERRE, Appellants, v. MADELINE GLABERMAN, Appellee. 4th District. Case No. 4D15-2582. May Read More »