Melvina Fouad Abou Waked v. Jean Ibrahim Feghali, 36 Fla. L. Weekly D151a (3d DCA Jan. 19, 2011)

In this real estate dispute, the trial court denied the defendant’s motion for summary judgment, and she appealed. The appellate court dismissed the appeal because “the order from which this appeal is taken is not an appealable non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(c)” (citing Vanco Constr. v. Nucor, 378 So. 2d 116 (Fla. 1980) (holding that an order denying a motion for summary judgment is not an appealable non-final order pursuant to rule 9.130)).

Melvina Fouad Abou Waked v. Jean Ibrahim Feghali, 36 Fla. L. Weekly D151a (3d DCA Jan. 19, 2011)

 

Related Rules:

1.510 Summary Judgment

Izaak Walton Investors, LLC and Sherwood Partners, LLC. v. Ralph E. Oesterle, II, and Clara R. Oesterle, 36 Fla. L. Weekly d105a (Fla. 1st DCA Jan. 13, 2011)

In this commercial contract dispute, a counter-defendant had demanded a jury trial in its answer to a counterclaim.  The trial court held a non-jury trial over counter-defendant’s objection.  According to the counter-plaintiff, a jury trial had been waived at a pretrial conference, but there was no record evidence of the waiver.  As a result, the appellate court reversed because “to constitute a waiver of the existing demand for jury trial . . . there must be affirmative action on the part of a party,” and “the “affirmative action must be a written stipulation or oral stipulation in open court.”

 

IZAAK WALTON INVESTORS, LLC and SHERWOOD PARTNERS, LLC. v. RALPH E. OESTERLE, II, AND CLARA R. OESTERLE, 36 Fla. L. Weekly D105a (Fla. 1st DCA Jan. 13, 2011)

 

Intracoastal Point Condominium Association, a Condominium Association v. Horowitz, 36 Fla. L. Wkly D73 (Fla. 3d DCA Jan. 5, 2011)

Condominium unit owners filed a lawsuit seeking a declaratory judgment against the Intracoastal Point Condo Assoc.  Specifically, the unit owners alleged that they did not receive proper notice of a ‘special meeting.’  The Association moved to dismiss alleging that the unit owners did not follow the required pre-suit arbitration procedures required by Sec. 718.1255(4)(a), Fla. Stat.  The trial court denied this motion and the Third DCA reversed, finding that unit owners were required to participate in pre-suit arbitration before filing suit.

Phasing in e-filing

The website does not currently appear to be working, but we are inching towards e-filing in the state courts.  I expect this to be standard by mid year:


Write this down, or more appropriately mark it with a bookmark, add it to your favorites, or put a placeholder on it — whatever your Internet browser allows: https://www.myflcourtaccess.com/
That’s the official online address for the Florida court system’s new statewide e-portal, the mechanism that as of January 1 will begin to allow lawyers to file cases and paperwork from anywhere they have Internet access. 
The Florida E-Filing Authority, which oversees operation of the portal, met December 8 to take care of several issues, including picking the online address and setting fees for doing electronic filing. The panel also approved a resolution advocating that at some point e-filing be made mandatory for lawyers.
The authority board, made up of eight county court clerks plus Supreme Court Clerk Tom Hall, considered several possible Internet addresses before adopting one hammered out at the meeting. The address is one of the last steps in setting up electronic filing for courts, something mandated by the Legislature in 2009.


2011

Happy New Year! I continue to have ideas for additional features I want to roll out over the next year and the website continues to grow in traffic, so I am excited for 2011.  I would like to bring on sponsors, to help offset the time it takes to run this website.  Floridacivpro.com reaches more than 10,000 visitors per month.  Most of those visitors are attorneys, so the site would be an ideal billboard for businesses like court reporters, legal recruiters, or law firms trying to generate referrals.

In meantime, if you have any idea or suggestions, please let me know.  Are there any particular topics you would like covered more frequently?  Send me an email: bwillis@becker-poliakoff.com
I expect it to be a busy year.  We are going to see the start of e-filing and I am hoping that opens the door to new and more efficient means to report on cases.  It will surely lead to an evolution in everyone’s day-to-day procedures.
Finally, in the spring, I am hoping to provide a CLE webinar covering all of the rules updates and important cases over the past year.  Look for more information to follow.
Good luck in 2011!!
Brian