As of November 4, 2016, this blog is dormant. See http://www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/2009/2009-20.html
Jeffrey Kuntz Blogs
Latest from Jeffrey Kuntz
Foreclosure Sale Cannot Go Forward When Timely Filed Motion for Rehearing Is Pending
In 944 CWELT-2007 LLC v. Bank of America (3D15-2091), the Third District granted a petition for certiorari that sought to quash an order denying a motion to cancel a foreclosure sale. On the date of the scheduled foreclosure sale, a motion
Fourth District: Clerk Has Judicial Immunity In Suit To Recover Payment for Fines in Unauthorized School Zone
In Zoba v. Coral Springs (4D14-1182), the “boundaries of judicial immunity are challenged.” The Fourth District’s majority opinion, written by Judge May and joined by Judge Gillen, explained that the plaintiff/appellant argued “that the clerk of court (“clerk”) is
Fourth District: New Notice to Attorneys/Parties & New Administrative Order re: Agreed Extensions of Time
Last week the Fourth District issued a new Administrative Order regarding agreed extensions of time and an updated Notice to Attorneys and Parties.
The Administrative Order regarding agreed extensions of time, Administrative Order 2016-01, can be downloaded HERE. The
Court Where Lis Pendens Filed Obtains Exclusive Jurisdiction Over All Liens Until Judgment
In Jallali v. Knightsbridge Village Homeowners Association, Inc. (4D15-2036), the Fourth District again held that the court where a mortgagee files a lis pendens obtains exclusive jurisdiction over all liens on the property until final judgment. Therefore, the judgment entered
Failure To Make Payment In Florida Does Not (Without More) Allow Court to Exercise Personal Jurisdiction
In Cornerstone Investment Funding v. Painted Post Group (4D15-1907), the Fourth District reviewed a trial court’s order denying a motion to dismiss for lack of personal jurisdiction. The procedural history is somewhat unique but the holding is not. After conducting
Petition For Certiorari Denied Due to District Conflict
In The First Liberty Insurance Corp. v. O’Neill (4D14–2895), the Fourth District denied a petition for certiorari because the Fourth District had not decided the issue at the time of the trial court’s decision.
In this case, when the trial
The First Amendment Protections Afforded To A "Tattoo Establishment"
Is a city allowed to limit the number of tattoo establishments in a certain area? In Buehrle v. City of Key West (No. 14–15354), the Eleventh Circuit agreed with the district court that “tattooing is protected artistic expression, but we
Motion for Attorneys Fees in Original Proceeding Must Be Filed Before Disposition
In Geico General Insurance Company v. Moultrop (4D15-2772, Nov. 12, 2015), the Fourth District wrote an opinion on a motion for attorneys fees filed after a petition for writ of certiorari was denied. The court stated:
Rule 9.400(b)(2) provides that
Sanction Over Not Removing Prior Counsel From E-Service List Reversed
In Houston v. McKnought-Smith (4D14-4927), the Fourth District reversed a trial court’s order sanctioning counsel and requiring the “former wife’s
attorney to pay attorney’s fees to the former husband’s previous attorney.”
attorney to pay attorney’s fees to the former husband’s previous attorney.”
The court “the previous attorney claimed that he had