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 »
Articles
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
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 »
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
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 »
Torts — Dismissal — Trial court abused discretion by denying plaintiff’s motion to continue trial and dismissing action because of plaintiff’s failure to appear for trial
41 Fla. L. Weekly D1228aTop of Form Torts — Dismissal — Trial court abused discretion by denying plaintiff’s motion to continue trial and dismissing action because of plaintiff’s failure to appear for trial where plaintiff’s failure to appear was due to his inability to obtain a visa to travel from Brazil to the United States, Read More »
Workers’ compensation — Temporary partial disability — Affirmative defenses — Judge of compensation claims properly found that claimant’s statements to her attorney, including statement that claimant felt like “punching the lights” out of her co-worker, did not constitute misconduct as defined by statute
41 Fla. L. Weekly D1225aTop of Form Workers’ compensation — Temporary partial disability — Affirmative defenses — Termination of claimant for misconduct premised solely on claimant’s attorney’s statement that claimant had shared that she had suicidal and homicidal thoughts arising from her injuries — Judge of compensation claims properly found that claimant’s statements to her Read More »