third dca

"Florida Law Update," A New Blog By Judge Ramirez

December 14, 2011 21:15

Third District Judge Juan Ramirez, Jr. started a new blog, "Florida Law Update."  "The blog covers appellate cases as they are released from the Third District and other appellate courts in the state. It is intended merely as a mechanism for alerting busy lawyers to what Judge Ramirez...

Proceeds From Sale Of Marital Home Sold As Part Of Divorce Subject To Homestead Protection

November 30, 2011 19:07

In Kerzner v. Kerzner (3D10-3124), the Third District affirmed "an order and final judgment which determined that proceeds from the sale of a marital home, pursuant to the terms of a marital settlement agreement, were subject to homestead protection under the Florida Constitution." ...

Order Merely Granting Motion To Dismiss Is Not Appealable

November 17, 2011 23:00

In Munguia v. Miami-Dade County School Board (3D11-2566), the Third District denied a motion to dismiss and again stated the rule that an order that merely grants a motion to dismiss is not appealable. The opinion stated: The lower court order of July 16, 2009, which merely 'granted' a...

Additional Five Days Allowed To Respond When Order Or Filing Mailed To Party

Jeffrey Kuntz
September 21, 2011 17:27

In Optimum Nutrition, Inc. v. Performance Trading Imp. Exp. & Com. Ltd. (3D10-3807), the Third District reversed a trial court's dismissal for failure to prosecute because the trial court did not provide an additional five days to respond after a notice of lack of prosecution was sent by...

Third District Affirms Summary Judgment For Failure To Comply With Post Loss Obligations

Jeffrey Kuntz
July 21, 2011 14:34

In Gonzalez v. State Farm Florida Insurance Company (3D10-2269), the Third District affirmed the trial court's dismissal of a lawsuit against State Farm. The court held that: The summary judgment entered below for the insurer on the ground that the insured had failed to comply with the...