Wednesday, January 4, 2012

Releases from the 3d DCA 01/04/12


In Saewitz v. Saewitz, 79 So. 3d 831, 2012 Fla. App. LEXIS 29 (Fla. 3d DCA 2012), the court affirmed a directed verdict in a suit for conversion and tortious interference with an expected inheritance brought by the daughters of the deceased, against the widow.  Although the daughters presented a prima facie case on liability, they failed to prove damages where they only presented general testimony that the value of the assets in the litigation was “over a million dollars.”


In Brodeur v. Miami-Dade County, 81 So. 3d 491, 2012 Fla. App. LEXIS 31 (Fla. 3d DCA 2012), the court reversed a dismissal for lack of subject matter jurisdiction of a complaint by a member of a Zoning and Appeals Board where the initial vote on the matter resulted in a three-three tie and it was announced that a tie vote would cause the matter to carry over to the next meeting.  The member then left ill and the board proceeded to reconsider the matter and pass it.  The member was not challenging the  result but the procedure.  See
The Code has since been amended with language added which would prevent a repeat of the member’s claim.


In Verabella Falls Condo., Ass'n v. Sosa, 77 So. 2d 815, 2012 Fla. App. LEXIS 36 (Fla. 3d DCA  2012), Judge Emas wrote a concurring opinion discussing service of process on a corporate defendant and drawing a distinction between serving a domestic corporation, which must designate an agent for service of process, and a foreign corporation, which has to be served following the hierarchy delineated in F.S. § 48.081.

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