40 Fla. L. Weekly D1077b Mortgage foreclosure — Standing — Error to dismiss foreclosure complaint for lack of standing based on plaintiff’s technical admissions made by failure to timely respond to request for admissions where record contains evidence that contradicted the technical admissions   WELLS FARGO BANK, N.A., etc., Appellant, v. MELISSA M. DONALDSON, Appellee. Read More »

40 Fla. L. Weekly D1090b Forfeiture — Currency — Error to enter summary judgment awarding to city currency seized during search of claimant’s apartment pursuant to warrant which was based on affidavit reciting that there had been citizens’ complaints about drug dealing and reporting that female had been selling drugs from apartment — Factual issue Read More »

40 Fla. L. Weekly D1071a   Civil procedure — Default — Vacation — Excusable neglect — Torts — No abuse of discretion in denying defendants’ motion to set aside default entered after defendants failed to timely file responsive pleadings or request additional time for filing — Although defendant cited personal and family medical emergencies and Read More »

40 Fla. L. Weekly D1060b Torts — Premises liability — Slip and fall on unidentified liquid in elevator on college campus — No error in finding that college, a state-owned institution of higher education where services are rendered for a fee, was a “business establishment” for purposes of statute requiring that a person who slips Read More »

40 Fla. L. Weekly D1035d Torts — Medical malpractice — Limitation of actions — Amended complaint — Relation back — Trial court erred in granting substituted defendant’s motion for summary judgment on ground that statute of limitations had run where mistake in naming proper defendant was merely a misnomer, all the parties knew which entity Read More »