50 Fla. L. Weekly S9a IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE. Supreme Court of Florida. Case No. SC2023-0962. December 5, 2024. Original Proceeding — Florida Rules of Civil Procedure. Counsel: Cosme Caballero, Chair, Civil Procedure Rules Committee, Miami, Judson Lee Cohen, Past Chair, Civil Procedure Rules Committee, Miami Lakes, Joshua E. Doyle, […]
Articles
Torts — Contracts — Arbitration — Enforceability of arbitration clause — Non-signatory — Negligence action alleging that plaintiff was a minor when she was injured by equipment plaintiff’s parent had rented from defendant — Trial court erred by compelling arbitration pursuant to arbitration agreement in parent’s rental contract where it was undisputed that plaintiff was not a party to the contract, and no parent had signed contract on plaintiff’s behalf
50 Fla. L. Weekly D198a SHAMERI MEIKLE, Appellant, v. U-HAUL COMPANY OF FLORIDA 905 LLC and BLADIMIR PEREZ, Appellees. 4th District. Case No. 4D2024-0847. January 15, 2025. Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE23-011645. Counsel: Maria L. Rubio […]
Civil procedure — Dismissal — Appeals — Jurisdiction — Trial court lacked jurisdiction to enter orders on plaintiff’s motion for reissuance of summons and motion for an extension of time to effectuate service after trial court had dismissed complaint without prejudice for failing to effectuate service and the time for filing a motion for rehearing had elapsed — Appellate court lacks jurisdiction to review interlocutory order quashing service and vacating default judgment where interlocutory order was subsumed into dismissal order and plaintiff did not timely appeal dismissal order
50 Fla. L. Weekly D198c LORENA MARIANI DE LANDA, Appellant, v. CARLOS EDUARDO CHALBAUD BRICENO, Appellee. 3rd District. Case No. 3D24-0543. L.T. Case No. 18-2461-CA-01. January 15, 2025. An Appeal from the Circuit Court for Miami-Dade County, Charles Kenneth Johnson, Judge. Counsel: Quintero Broche P.A., and Jessica Fonseca-Nader, for appellant. Cuevas, Garcia & Torres, P.A., […]
Torts — Automobile accident — Collision with bicycle — New trial — Trial court abused its discretion in finding that verdict finding no negligence on part of defendant was contrary to manifest weight of evidence — Evidence relating to defendant’s negligence was conflicting, and conflict was properly resolved by jury
50 Fla. L. Weekly D130a JOSE RAUL ANGELES-DELGADO, et al., Appellants, v. JULIO COSTA BENITEZ, Appellee. 3rd District. Case No. 3D23-0939. L.T. Case No. 17-22498. January 8, 2025. An Appeal from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge. Counsel: Boyd & Jenerette, PA, Kevin D. Franz, and Lara J. Edelstein (Boca Raton), for […]
Torts — Dog bite — Civil procedure — Complaint — Amendment — Addition of claim for punitive damages — Trial court erred in granting motion to amend complaint to add claim for punitive damages against corporate defendant who owned fenced property in which dog that attacked plaintiff was located — Although defendant had recently purchased property from dog owner, who was in process of moving out, there was nothing to show that defendant knew dog was dangerous or that defendant’s conduct was otherwise so “reckless or wanting in care that it constituted a conscious disregard or indifference to life, safety, or rights of persons exposed to such conduct”
50 Fla. L. Weekly D136a FIVE FRAN, LLC, Appellant, v. ROY DAVIS, Appellee. 3rd District. Case No. 3D24-0833. L.T. Case No. 21-14088-CA-01. January 8, 2025. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Counsel: The Law Offices of K. Elaine White, P.A., and K. Elaine White […]