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| Fernander v. Bonis, No. 4D06-407,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: Given probable cause to seek the arrest of a suspect, evidence that a police captain acted within the scope of his employment in obtaining the same, and the absence of evidence to support his 42 U.S.C.S. § 1983, Eighth Amendment, negligence and emotional distress claims, the suspect's liability complaint was upheld on appeal.
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| Guevara v. Doormark, Inc., No. 4D06-1254,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: Because there was no evidence of prior accidents or injuries or that an employer was aware of a known danger involving a power saw, the employee's personal injury claim was insufficient to overcome the worker's compensation immunity in § 440.11(1)(b)(2), Fla. Stat. (2004); therefore, the employer was properly granted summary judgment.
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| Habitat II Condo., Inc. v. Kerr, No. 4D06-1071,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: Association's claim that, pursuant to the applicable condominium declaration, it had a right of first refusal for the sale of any unit, involved title to a unit, and therefore, the association's suit seeking an injunction and damages arising from the sale of a unit was not arbitrable under § 718.1255(4), Fla. Stat. (2005).
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| Hunt v. Cornerstone Golf, Inc., No. 4D06-1920,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: British citizen's telephone calls and two emails into Florida did not give rise to cause of action for tortious interference with the corporation's business at issue. Corporation failed to allege sufficient jurisdictional facts to bring tortious interference claim within the control of Florida's long-arm statute, § 48.193(1)(b), Fla. Stat.
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| Juste v. State, Case No. 5D06-4376,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, January 3, 2007, Opinion Filed
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Overview: Pretrial detainee's habeas petition seeking pretrial release was granted and trial court was directed to conduct pretrial hearing pursuant to Fla. R. Crim. P. 3.131 because detainee was charged with a first degree felony punishable by a term of years not exceeding life imprisonment and State presented no evidence at hearing on motion to set bond.
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| Krogen Express Yachts, LLC v. Nobili, No. 4D05-4872,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: Although a successor knew of warranty claims and the predecessor left money to cover warranty claims, because the asset sale contract expressly disclaimed any successor liability and there were no affidavits or other evidence that the successor was a mere continuation of the predecessor, there was no successor corporation liability.
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| Lipton v. First Union Nat'l Bank, No. 4D06-175,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: Bank could reasonably have believed that any effect an FTC litigation involving borrower might have on borrower's income was substantial and materially affected his financial circumstances. There was substantial competent evidence to support trial court's judgment that bank did not breach a contract in cancelling borrowers line of credit.
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| Lutz v. Protective Life Ins. Co., No. 4D05-1405,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: While judgment on the pleadings was properly entered on a insured's breach of contract claim, the pleadings sufficiently pled a claim for declaratory relief, insofar as such alleged that the insurer failed to comply with the conditions of § 627.6515, Fla. Stat., which exempted his policy from Part VII of Chapter 627.
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| Marina Funding Group, Inc. v. Peninsula Prop. Holdings, Inc., No. 4D05-4788,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 3, 2007, Decided
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Overview: Mortgage on the property at issue simply secured the monies owed; it did not create additional indebtedness. Under circumstances in which the debt secured by a second mortgage interest had been satisfied in separate proceedings, the successor to the second mortgage interest was not entitled to a right to redeem under § 45.0315, Fla. Stat.
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