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| Evanston Ins. Co. v. Advanced Transp. Solutions, L.L.C., No. 3D06-1290,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 21, 2007, Opinion Filed
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Overview: A trial court properly granted summary judgment to one insurer in an action by another insurer, seeking contribution of attorney's fees incurred in the defense of an insured in an underlying personal injury matter; the insurers had entered an agreement and release that did not reserve either party's right to pursue remedies against the other.
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| Fla. Dep't of Envtl. Prot. v. Green, No. 4D06-1991,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Decided
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Overview: Because "malice" was a necessary element of malicious prosecution and § 768.28(9)(a), Fla. Stat. immunized the State and its agencies from "malicious" acts of its employees while they were acting within the scope of their employment, a volunteer was barred from bringing a malicious prosecution claim against the state agency.
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| Fla. Envtl. Servs. v. Rentoumis, No. 4D06-2358,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Decided
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Overview: As a purchase contract's arbitration clause was limited to disputes over accounting determinations, was narrowly worded, and did not provide for the arbitrator, an accounting firm, to determine whether either party breached the contract, the trial court erred by compelling arbitration of the buyer's breach of contract claim.
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| Flanigan's Enters. v. Shoppes at 18th & Commer., Inc., No. 4D06-1276,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007, Decided
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Overview: Before it bought a building, the buyer had both actual and implied actual notice that a parking easement in favor of the building's prior owner had been released. Therefore, it was precluded from relying on § 695.01, Fla. Stat. (2001) to avoid the release on grounds that it had not been recorded.
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| Garcia v. City of Hollywood, No. 4D06-970,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 21, 2007
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Overview: As driving to work in city's marked police vehicle, while in uniform, and subject to requirement to take police action if necessary, was type of conduct officer was required to perform, whether he was acting in scope of his employment under § 768.28(1), Fla. Stat., when he hit child was jury question. Granting city summary judgment was thus error.
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| Greenfield v. Westmoreland, No. 3D06-2081,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 21, 2007, Opinion Filed
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Overview: Given the numerous violations of Fla. R. App. P. 9.210, appellant's initial brief was stricken, and he was directed to file an amended brief, delete all legal and rhetorical argument in the facts section, denominate the points on appeal, and cite pinpoint references to both the record and authority in support of the relief sought.
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| Hanger Prosthetics & Orthotics, Inc. v. Dep't of Health, Bd. of Orthotists & Prosthetists, CASE NO. 1D06-1703,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 21, 2007, Opinion Filed
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Overview: Legislature authorized a board to implement rules governing the standards of practice for orthotists, prosthetists, and pedorthists. Fla. Admin. Code Ann. R. 64B14-3.001(12) merely specified what direct supervision entailed in the particular setting addressed by statute, and was a valid exercise of delegated legislative authority.
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| Hudson v. McGovern, Case No. 2D06-4570,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 21, 2007, Opinion Filed
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Overview: Motion to stay negligence lawsuit filed against petitioner was properly denied. While the Florida Insurance Guaranty Association (FIGA) assumed the obligations of petitioner's insolvent insurer to petitioner, petitioner was not entitled to a stay under § 631.57, Fla. Stat. as FIGA did not establish that claim was covered by policy with the insurer.
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| Irvine v. T. Southwood 1295, Inc., CASE NO. 1D06-5299,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 21, 2007, Opinion Filed
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Overview: The order on appeal was dismissed for lack of jurisdiction. It was not a final order because the partition action that had initiated the case had not been resolved. It was also not an appealable partial final order pursuant to Fla. R. App. P. 9.110(k) because the remaining claim was related to the claims disposed of by the instant order.
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