Jason Baruch: March 2010 Archives
In this insurance coverage dispute, the circuit court affirmed a county court judgment against the insurer on the basis that its opposing summary judgment expert affidavit contained "technical defects" (which are not identified in the opinion). The Fourth District reversed because summary judgment may not be granted by reason of a technical defect in an affidavit unless the appellate court first provides leave to amend the affidavit, if requested by the non-movant.
In this class action case, plaintiffs sued the clerk of court for charging "a reopen fee for cases previously reported as disposed of." The trial court dismissed the complaint with prejudice for failure to state a cause of action after two amendments because of "pleading deficiencies." The trial court reasoned that a "re-opening fee" could be charged in such cases if one followed the "Summary Reporting System Manual." The Second District affirmed, with a special concurrence requesting clarity from the legislature and judiciary on this issue.
CHRISTIAN N. ZARRA et al. v. KEN BURKE, 35
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Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.
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