Real Property and Business Litigation Report
Volume V, Issue 28
July 14, 2012
Kist v. Hubbard, — So.3d —-, 2012 WL 2864379 (Fla. 5th DCA 2012).
The (Public) Employee Immunity Statute, Fla. Stat. § 768.28 (9) (a), requires that public employees be sued where they are employed unless the complaint alleges the employee “acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.”
Surna Const., Inc. v. Stephens, — So.3d —-, 2012 WL 2864385 (Fla. 5th DCA 2012).
A purchaser of an invalidated tax deed is entitled to interest on the monies it paid pursuant to Fla. Stat. § 197.602.
In re Amendments to Florida Rules of Judicial Administration, — So.3d —-, 2012 WL 2848890 (Fla. 2012).
RULE 2.514. COMPUTING AND EXTENDING TIME
(a) Computing Time. The following rules apply in computing time periods specified in any rule of procedure, local rule, court order, or statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, or falls within any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.
(2) Period Stated in Hours. When the period is stated in hours
(A) begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, or during any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.
(3) Period Stated in Days Less Than Seven Days. When the period stated in days is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
(4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends
(A) for electronic filing or for service by any means, at midnight; and
(B) for filing by other means, when the clerk’s office is scheduled to close.
(5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
(6) “Legal Holiday” Defined. “Legal holiday” means
(A) the day set aside by section 110.117, Florida Statutes, for observing New Year’s Day, Martin Luther King, Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the Friday after Thanksgiving Day, or Christmas Day, and
(B) any day observed as a holiday by the clerk’s office or as designated by the chief judge.
(b) Additional Time after Service by Mail or E-mail. When a party may or must act within a specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire under subdivision (a).
Estate of Deresh ex rel. Schneider v. FS Tenant Pool III Trust, — So.3d —-, 2012 WL 2813819 (Fla. 4th DCA 2012).
Nursing home arbitration agreement that prohibits punitive damages is enforceable upon the striking the punitive damages exclusion.
Ioannides v. Romagosa, — So.3d —-, 2012 WL 2813833 (Fla. 4th DCA 2012).
A party may appeal the denial of a motion for summary judgment after a full trial on the merits if there are no factual disputes on the motion and the motion was decided on a pure question of law. Additionally, a party cannot recover for fraudulent inducement into a contract if the issue upon which the party was allegedly defrauded in adequately covered in the contract between the parties.
Simonson v. Palm Beach Hotel Condominium Ass’n, Inc., — So.3d —-, 2012 WL 2813875 (Fla. 4th DCA 2012).
Employing Florida Statute § 45.031 (publication requirements for foreclosure sale) may be not be mandatory in all foreclosure sales, but is required if the final judgment of foreclosure references and directs the sale be in accordance therewith.
Romero v. Erik G. Abrahamson, P.A., — So.3d —-, 2012 WL 2813988 (Fla. 2d DCA 2012).
A case management order which prohibits a party from contacting people outside of the litigation goes beyond dissemination of information gleaned through discovery and other court processes, and constitutes an injunction prohibiting speech.
F.D.I.C. v. North Savannah Properties, LLC, — F.3d —-, 2012 WL 2849488 (11th Cir. 2012).
The F.D.I.C. is automatically substituted in state court proceedings once it files its Notice of Substitution for a failed banking institution; it is not necessary that the court issue an order on a formal petition for substitution.