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State Courts -
Florida - March 12, 2008
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McGuinness v. Prospect Aragon, LLC, No. 3D07-1452,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Under ? 718.503, Fla. Stat., an agreement to buy condominiums was voidable by the buyer by giving written notice of the intention to cancel within 15 days after the buyer executed the agreement. As the date the seller executed the agreement did not start the running of the 15-day period, the buyers attempt at rescission failed.
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Richman Greer Weil Brumbaugh Mirabito & Christensen, P.A. v. Chernak, No. 4D07-647,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: Where law firm withdrew from suit it filed for former clients, and filed charging liens in that suit, second suit, and arbitration--all based on same facts--it was appropriate for issue of its entitlement to lien on proceeds clients received in arbitration to be litigated in the first action, as that was where firm performed its work for clients.
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S. Group Indem., Inc. v. Humanitary Health Care, Inc., No. 3D06-2788,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 12, 2008, Opinion Filed
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Overview: Section 627.736(6)(d), Fla. Stat., did not grant an insured a right to access documents prepared internally by the insurer. As the insurer's PIP payout logs were generated by the insurer and were not obtained pursuant to ? 627.736(6), neither the insured nor its assignee, a health care provider, had any right to presuit examination of the logs.
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Salazar v. Salazar, No. 4D07-1407,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, March 12, 2008, Decided
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Overview: As ? 61.30(8), Fla. Stat. (2006), provided that a child's uncovered medical expenses were to be paid by each parent on percentage basis, and the former wife's share of the child support obligation was 36 percent, while the former husband's share was 64 percent, it was error to divide those expenses evenly between the parties.
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