Opinions Released during the Week Ending March 23, 2012

PERSONAL JURISDICTION

Kitroser v. Hurt, 85 So. 3d 1084, 2012 Fla. LEXIS 589 (Fla. 2012) held that the corporate shield doctrine does not bar personal jurisdiction over an individual defendant where that non-resident individual commits negligent acts in Florida on behalf of his corporate employer.

http://www.floridasupremecourt.org/decisions/2012/sc11-25.pdf

WORKER’S COMPENSATION IMMUNITY

Ocean Reef Club v. Leon, 2012 Fla. App. LEXIS 4352 (Fla. 3d DCA March 21, 2012) affirmed an order denying summary judgment to the employer based on tort immunity where the employees claimed that they had notified the employer of their injury, but no one notified the workers’ compensation carrier.  The employer argued that it was the employees’ burden of filing their claims with the carrier, but a majority of the court held that it was the employer’s burden.

http://www.3dca.flcourts.org/Opinions/3D09-2779.pdf

RULE 1.530

Byrne v. Byrne, 2012 Fla. App. LEXIS 4350 (Fla. 3d DCA March 21, 2012) stated that a court had to consider the wife’s reduction in salary brought post-judgment by Florida Rule of Civil Procedure 1.530’s motion to reopen proceedings.

http://www.3dca.flcourts.org/Opinions/3D10-2323.rh.pdf

DISQUALIFICATION OF COUNSEL

Broin v. Phillip Morris Cos., 2012 Fla. App. LEXIS 4357 (Fla. 3d DCA March 21, 2012), reh. denied, 2012 Fla. App. LEXIS 7348 (Fla. April 27, 2012) quashed an order disqualifying several attorneys from representing individual flight attendants against tobacco companies and the Flight Attendant Medical Research Institute, which had been created pursuant to a settlement reached in the initial class action.

http://www.3dca.flcourts.org/Opinions/3D11-2129.pdf

TEMPORARY INJUNCTIONS WITHOUT NOTICE

Harambam Congregation v. Simcha Connection, 2012 Fla. App. LEXIS 4360 (Fla. 3d DCA March 21, 2012) reaffirmed that a defendant that files a motion to dissolve a temporary injunction obtained without notice renders moot all issues relating to notice.  The only way to attack such an injunction is to appeal because once the party has a hearing before a judge, that party has received the benefit of notice and an opportunity to be heard, rendering the lack of notice moot.

http://www.3dca.flcourts.org/Opinions/3D11-2887.pdf

SANCTIONS / MEDIATION

Cox v. Great Am. Ins. Co., 2012 Fla. App. LEXIS 4475 (Fla. Dist. Ct. App. 4th Dist. Mar. 21, 2012) explained that an order imposing sanctions under Florida Rule of Civil Procedure 1.730(c), for breach of a mediation agreement, must contain detailed factual findings describing the specific acts of conduct that justify the imposition of such sanctions.

http://www.4dca.org/opinions/Mar%202012/03-21-12/4D10-5155.op.pdf