New year resolution--to bring back my blog.
Bloomgarden v. Mandel rejected three arguments for appellate
jurisdiction of an order denying a motion to cancel a charging lien for
attorney’s fee in a professional malpractice action: (1) that the order on
appeal was a final order; (2) that the order granted immediate possession of
money; and (3) that the order was subject to certiorari review.
Morlock v. Nationstar Mortgage, LLC, reversed the entry of a
judicial default, finding that the trial court abused its discretion by denying
defendant’s motion to vacate the final default judgment of foreclosure and by
vacating the previously-entered order setting aside the judicial default, where
defendant has filed his answer and affirmative defenses prior to the default.
Lerner v. Halegua reversed the imposition of sanctions for
litigation misconduct based on the erroneous admission of photographs, as they
had not been properly authenticated under F.S. §90.901.
Gables Ins. Recovery, Inc. v. Progressive Express Ins. Co. dismissed
a second-tier certiorari application, stating that while it may disagree the
county court’s determination that a third party was indispensable to the
dispute between the two parties, it could not find that the circuit court did
not grant due process or apply the correct law (that the petitioner had an
adequate remedy on appeal). Hopefully,
the county judge will revisit the issue.
