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