Sunday, July 29, 2012

Third DCA Opinions


PCAs

Herdman v. Herdman, --- So. 3d --- (Fla. 3d DCA July 25, 2012)

I always found that writing a dissent when the majority writes a PCA is like shadow-boxing.  It gives you a good workout but doesn’t accomplish anything.  I also felt that if I took the time to write a dissent, as a matter of collegiality, the majority ought to respond by stating its reasons for affirmance.  Of course, a PCA, even with a dissent, cannot be appealed to the supreme court.

STANDING

Stratton v. 6000 Indian Creek, LLC, --- So. 3d --- (Fla. 3d DCA July 25, 2012) makes clear that where the bank was the prevailing bidder at a foreclosure sale and subsequently deeded its rights to a Trust, the Trust had standing to enforce the judgment by seeking a writ of possession.  The defendant and counsel were assessed fees for pursuing frivolous defenses and the appeal.

DISCRIMINATION AGAINST PREGANT WOMEN IS NOT PROTECTED

Delva v. The Continental Group, Inc., --- So. 3d --- (Fla. 3d DCA July 25, 2012) held that the Florida Civil Rights Act, F.S. §760.10, does not prohibit discrimination in employment on the basis of pregnancy.  The court certifies conflict with the 4th DCA.

DISCOVERY OF BAD FAITH INFORMATION

General Star Indemnity Co. v. Atlantic Hospitality of Fla., LLC, --- So. 3d --- (Fla. 3d DCA July 25, 2012) quashed an order allowing disclosure of “classic bad faith materials.”  Basically a discovery order cannot compel production of materials concerning the insurer’s business policies and practices before there has been a determination of coverage and the extent of the loss.

No comments:

Post a Comment