THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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Adoption -- Relative of minor -- Kinship determination -- Trial court erred in dismissing petition for adoption of minor relative filed pursuant to section 63.087(3) by minor's first cousin once removed on ground that petitioner's relationship to child appeared to fall in fourth degree of consanguinity rather than third degree of consanguinity required by statute -- “Consanguinity” under section 63.032(16), Florida Statutes (2024), is determined by common law definition rather than civil law definition -- Under this method, first cousins are second-degree relatives, and first cousins once removed are third-degree relatives -- Discussion of civil law and common law meanings of “consanguinity”
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Dissolution of marriage -- Judges -- Disqualification -- Successor judge erred in denying reconsideration of written contempt order entered after predecessor had been disqualified where order contained findings that had not been orally announced during contempt hearing -- Proper remedy is for initial judge to enter amended written contempt order which deletes the unannounced findings, rather than vacation of entire written contempt order
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Estates -- Surviving spouse -- Elective share -- Appeals -- Non-final orders -- Order ruling that an elective share of the probate estate is in the best interest of the decedent's surviving spouse, and that the surviving spouse's attorney-in-fact is authorized to make the election on her behalf, is a nonfinal, nonappealable order -- Court rejects argument that order is appealable under rule 9.170(b) as an order that finally determines the rights or obligations of an interested person or an order that determines an estate's interest in property -- Neither the finding of best interest nor trial court's mere authorization to proceed with an election determines any party's entitlement to a portion of the estate -- Order does not finally determine ultimate rights or obligations contemplated where order expressly recognizes that election has not yet been invoked or ratified
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Landlord-tenant -- Torts -- Premises liability -- Jurors -- Interview -- Residential tenant injured by ceiling that collapsed shortly after landlord's son stuck broom handle through ceiling to investigate suspected leak -- Trial court abused its discretion by summarily denying tenant's motion for post-verdict interview of juror who failed to disclose that she had previously been a landlord where, in context of case, juror's history as a landlord was material, juror admitted to concealing her history during voir dire by deciding to remain silent when asked about it, and juror's concealment was not due to any lack of diligence by tenant -- Motion for juror interview was not facially invalid under rule 1.431(h) for failing to include juror's address, especially where landlord did not allege any difficulty in identifying juror -- Furthermore, rule required trial court to enter order on tenant's motion only after notice and hearing, which trial court failed to do -- Evidence -- Expert -- Unfair surprise -- Trial court erred by limiting tenant's expert testimony to the contents of a two-page document outlining expert's opinions concerning what caused ceiling to collapse based on conclusion that any opinions expressed outside the document constituted unfair surprise -- Any surprise at trial was self-inflicted and entirely avoidable where landlord failed to depose expert prior to trial and failed to challenge tenant's objections to excessive expert interrogatories or seek leave to exceed thirty interrogatories -- Furthermore, landlord was permitted to cure its discovery failures by deposing expert during break in trial -- Court rejects argument that two-page document constituted a “report” which was required to contain all expert's opinions, and which relieved landlord of its obligation to depose expert -- Regardless of document's title, it was timely produced and landlord never properly sought the expert's opinions -- Landlord's failure to seek this information was not a valid basis to exclude expert's opinions -- Remand for new trial
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Municipal corporations -- Elections -- Recall election -- Petition -- Injunctions -- Trial court erred by denying city commissioner's request for temporary injunctive relief on ground that petition for recall substantially complied with section 100.361 -- Plain language of section 100.361 requires strict compliance -- Original petition for recall did not strictly or substantially comply with statute where it failed to designate a specific person as recall committee chair -- Identification of the committee chair in the subsequently drafted Recall Petition and Defense document prepared by city clerk violated requirement that petition not be amended after it is filed with clerk -- Furthermore, Recall Petition and Defense prepared by the clerk did not comply with requirement that it consist of the recall petition, including copies of the originally signed petitions and counterparts, because clerk substituted amended petition identifying committee chair for the original petition -- Because recall petition neither strictly nor substantially complied with statute, commissioner demonstrated likelihood of success on merits -- Commissioner demonstrated irreparable harm and that public interest is served by entry of injunction where, absent statutory compliance, he will be forced to face an illegal recall election and could be deprived of his right to hold office, the residents of municipality will be forced to bear expense of illegal recall election, and voters who initially elected him could have their lawful votes effectively invalidated -- There is no adequate remedy at law where recall election would go forward absent action by trial court because clerk is not authorized to reject petition based upon determination of insufficiency
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Rules of Appellate Procedure -- Amendment -- Definitions -- Original proceedings
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Torts -- Breach of fiduciary duty -- Tortious interference -- Conspiracy -- Aiding and abetting -- Litigation privilege -- Absolute/qualified privilege -- Action alleging that defendants, while representing a third party claiming an interest in property owned by plaintiff in a separate litigation, persuaded plaintiff's eminent domain attorney to treat third party as plaintiff's owner, causing plaintiff to lose a favorable settlement in eminent domain litigation with state -- Trial court erred by dismissing action with prejudice based on determination that litigation privilege provided absolute immunity for defendant's alleged conduct -- Complaint does not demonstrate basis for application of absolute litigation privilege because defendants' alleged act of calling plaintiff's attorney and instructing him to treat defendants' client as plaintiff's owner did not occur during course of a judicial proceeding -- For an act to occur in the course of a judicial proceeding, it must be in front of a judicial officer or in pleadings or documents filed with the court
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Workers' compensation -- Benefits -- Guardianship expenses -- Minor or incompetent claimant -- Judge of compensation claims erred in denying mother's claim for reimbursement of expenses related to obtaining a guardianship for her son, the injured worker, where causal relationship existed between compensable traumatic brain injury and need for guardianship to pursue workers' compensation benefits -- JCC erred in concluding that fees for services performed in course of pursuing claims for workers' compensation benefits were awardable only to extent that they were incurred in handling claimant's rights under chapter 440 and representation of claimant in proceedings before JCC -- Although establishment of guardianship after JCC has invoked section 440.17 must occur in circuit court for jurisdictional reasons, guardianship was required for the workers' compensation case to proceed, and no evidence was introduced that any of claimed reimbursable expenses were not inherently linked to workers' compensation case
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Criminal Law Headnotes (Jump to Civil Law Headnotes)

THESE ARE NOT ALL OF THE CASES RELEASED BY THE COURTS FOR THE WEEK.
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