The Fourth DCA reversed a dissolution judgment that included $100,000 in retirement withdrawals used for marital expenses in equitable distribution without a finding of intentional misconduct, and that failed to provide a mechanism ensuring husband is compensated if wife does not refinance the marital home.
The Fourth DCA affirmed convictions for sexual battery of a child, holding that a six-person jury was proper where the death penalty was not legally available for the offense at the time it was committed, and rejecting the defendant’s Sixth and Fourteenth Amendment arguments for a twelve-person jury.
The Fourth DCA affirmed that a city’s code violation liens recorded after a lis pendens was filed were not entitled to foreclosure surplus funds, holding the city was not a ‘subordinate lienholder’ under section 45.032 because its liens were extinguished by the foreclosure sale.
The Fourth DCA affirmed the trial court’s denial of durational alimony where the husband’s employment was set to terminate the month after the final hearing, finding no abuse of discretion in the trial court’s determination that the husband lacked ability to pay.
The Second DCA reversed a default eviction judgment where tenants timely filed motions to determine rent alleging the landlord agreed to reduced rent due to hurricane damage, holding the county court erred by entering default without first conducting an evidentiary hearing on the rent motions.
The Second DCA affirmed the trial court’s remittitur reducing a $2 million future medical expenses verdict to $1,274,433.71 in a negligence case, finding the reduction was supported by the record evidence regarding frequency and cost of ongoing pain treatments.
The Fifth DCA reversed the denial of a motion to disqualify a law firm that hired the retired judge who had presided over a dissolution case for sixteen months, finding that the firm’s employment of the former judge created an appearance of impropriety requiring disqualification.
The Second DCA reversed a dismissal with prejudice of a tortious interference claim involving Engle-progeny tobacco litigation referral fees, holding the trial court improperly relied on an affirmative defense and facts outside the complaint’s four corners in granting the motion to dismiss.
The Fifth DCA reversed a $300,000 surcharge against a personal representative for breach of fiduciary duty, holding that the surcharge improperly equated the withdrawn purchase offer with actual damages without evidence of the property’s fair market value.
The Fifth DCA reversed dismissal of a homeowner’s insurance complaint, reaffirming that the notice requirement in section 627.70152, Florida Statutes, does not apply retroactively to policies issued before the statute’s enactment.
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