40 Fla. L. Weekly D1157a Civil procedure — Discovery — Attorney-client privilege — Work product — Trial court erred by finding work product privilege inapplicable on ground that current case between the parties involved issues different than those presented in prior litigation for which documents were prepared — Trial court erred by finding attorney-client […]
Articles
Premises Liability – Failure to Maintain Property in a Safe Manner – Trip on an Exposed Pipe on Unpaved Walkway
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 […]
Federal Jurisdiction – Removal – UM – Bad Faith
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 […]
Technical Admission – Failure to Respond – Contrary Evidence
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. […]
Technical Admissions Based on Failure to Respond Insufficient Basis for Judgment
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 […]
