40 Fla. L. Weekly D1091b Torts — Premises liability — Failure to maintain property in safe condition — Trip on exposed pipe on unpaved walkway between entrance to festival and overflow parking area to which plaintiff, an attendee, had been directed to park by festival volunteers — Error to enter summary judgment in favor of […]

25 Fla. L. Weekly Fed. D132a Federal jurisdiction — Removal of state court action to federal court — Insurance — Uninsured motorist — Bad faith — Plaintiff’s argument that amount in controversy is insufficient to support diversity jurisdiction is without merit where complaint alleges the UM coverage policy limits are $100,000 and demands the full […]

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. […]

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 […]

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 […]