Leonirez Heredia, an employee for QGS Development, Inc. (“QGS”) filed suit for negligence after being struck by a truck driven by Michael Gross, an employee for John Beach & Associates (“JBA”), while the two were performing work on Lenner Homes, LLC’s (“Lenner”) land. QGS had been contracted by Lenner to perform road work while JBA […]
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ALABAMA – Employment – Contract Enforcement
The Supreme Court of Alabama has been asked to decide on the enforcement of an employment contract granting relocation expenses, but requiring the reimbursement of those expenses for voluntary termination of that employment, when the employee claims a hostile work environment. The Court decided for the employer, requiring the returning of relocation funds, plus prejudgment […]
FLORIDA – Civil Procedure– Res Judicata
PNC filed a foreclosure action against Gardenia and Orlando Otero that was dismissed without prejudice. PNC then filed a second foreclosure action against the Otero’s for the same default and the trial court dismissed the suit reasoning the claim was barred by the doctrine of res judicata. The lower court cited PNC’s failure to issue […]
MISSISSIPPI – Premises Liability – Criminal Acts of Third Parties
Few and far between should be the Mississippi premises-liability cases based on the criminal acts of a third-party. Based on a recent statute, premises-liability actions against owners and occupiers of real property should fail if caused by the willful, wanton or intentional tortious conduct of a third party unless the invitee can prove: (a) the […]
FLORIDA – Inverse Condemnation – Property Conveyance After Governmental Taking
In Simon v. Deer Meadows, the Florida 1st DCA affirmed the trial court’s ruling that when an original owner of real property loses part of his property interest due to a governmental taking and afterwards conveys the remaining realty, he does not transfer the right to compensation for the portion he lost without a separate […]
FLORIDA – Negligence – Duty to Warn & Comparative Negligence
In Leon v. Pena the Florida 4th DCA ruled that an invitee’s knowledge of a dangerous condition eliminates a property owner’s duty to warn. However, the invitee’s knowledge of the dangerous condition does not eliminate the property owner’s duty to maintain. Leon was a tenant at a condominium development where Pena was her landlord. Leon […]
ALABAMA – Discovery – Open Records Act
The Supreme Court of Alabama has reviewed the applicability of the state’s Open Records Act to public health care authorities. In resolving a discovery dispute, the Court determined that public health care authorities are subject to the act, and required the health care authority to disclose its records to the plaintiff. This case originated as […]
ALABAMA – Securities – MERS Recording Permitted
The Supreme Court of Alabama has had to parse the complexities of mortgage securitization with the basics of English grammar to review the mortgage securitization process using the MERS database. MERS is a private database designed to streamline the process of transferring ownership of interests on the secondary mortgage market. MERS lists itself as the […]
ALABAMA – Torts – Respondeat Superior
In a case before the Madison Circuit Court, the Plaintiff, Kyle Donaldson sued the defendant driver, Gregory Johnston and the insurance company, Country Mutual, for whom Johnston sold policies as an independent insurance agent. The suit sought damages for injuries sustained when the defendant driver struck him while working on the side of the road. […]
ALABAMA – Final Judgments – When 54b is Appropriate
In the case of Cox v. Parrish, Cox appeals his dismissed counterclaim against his sisters as co-executors in the administration of their deceased father’s estate. The lower court found his counterclaim time barred, and certified its dismissal under ARCP 54b. The Supreme Court of Alabama ruled that the lower court had exceeded its discretion by […]