Thursday, January 1, 2015

Happy and Prosperous New Year



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.

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