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ALABAMA – Appeals – Timeliness as a Jurisdictional Requirement

The Supreme Court of Alabama recently led out some of the nuance in appeals filing stemming from a will contest. The contest involved a brother and sister attempting to probate two separate wills for their deceased mother. The probate court transferred the contest to circuit court, which found the sister’s will to be the valid […]

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ALABAMA – Summary Judgment – Issues of Material Fact

The Supreme Court of Alabama has described the bounds of issues of material fact in a dispute of entitlement to referral fees. An attorney, Caldwell, worked for George Woerner, and helped Woerner run several of his businesses. When the BP Oil Spill occurred, Caldwell enlisted the help of Cunningham Bounds, a law firm in Mobile, […]

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Florida – Standing In Real Property Suit

In a lawsuit filed by a former owner of property against the City of Dunedin for tort claims and declaratory relief regarding the City’s handling of permitting and zoning for improvements to the property, the Trial Court granted a summary judgment filed by the City alleging that the Plaintiff had no standing because it no […]

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Florida – Corporate Law – Which is Appropriate, Derivative or Direct Lawsuit?

A shareholder of a company brought a direct action, as opposed to a derivative action, for constructive fraud, fraud, and breach of contract against the officers of a publicly traded company. The trial court dismissed all three claims. On appeal, the 5th DCA reversed only the trial court’s ruling on the first count of constructive […]

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ALABAMA – Dismissal of Actions – Declaratory Judgment

The Supreme Court of Alabama has been asked to decide on the ability of a party to seek declaratory judgment for various issues surrounding the sale of business assets. The Court decided that there can be no declaratory judgment when a party is seeking a declaration of nonliability in tort, but will allow declaratory judgment […]

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FLORIDA – Worker’s Compensation – “Horizontal Immunity”

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 […]

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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 […]

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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 […]

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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 […]

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