In Re: Standard Jury Instructions In Civil Cases—Report 17-01, Case No. SC17-451 (Fla. 2017).
Standard Civil Instruction 201.2 is amended to include language regarding communication with court personnel outside the courtroom, and Standard Civil Instruction
202.4 is amended to clarify that jurors must ask questions of awitness before the witness leaves the witness stand.Philip Morris USA, Inc. v. Duignan, Case No. 2D15-5055 (Fla. 2d DCA 2017).
A jury instruction requiring “detrimental reliance on a statement” may not be proper in a fraudulent concealment or fraudulent omission case.Tramontana v. Bank of New York Mellon, Case No. 2D16-2990 (Fla. 2d DCA 2017).
An appellate court will not reverse on an issue involving trial testimony absent a trial transcript or fundamental error.Echeverry v. Deutsche Bank National Trust Company, Case No. 4D16-3611 (Fla. 4th DCA 2017).
A certificate of sale issued under Florida Statute sec. 45.0315 divests a borrower of her equity of redemption, and thus a bankruptcy filed after this certificate of sale does not bar the issuance of a certificate of title.Nationstar Mortgage, LLC v. Martins, Case No. 4D16-3735 (Fla. 4th DCA 2017).
A lender’s unilateral decision to leave a note and mortgage with the Clerk of the Court in the file of a previously filed foreclosure does not establish standing.Williams v. Skylink Jets, Inc., Case No. 4D16-4170 (Fla. 4th DCA 2017).
“Technical admissions” to Requests for Admissions will turn unliquidated sums into liquated sums for purposes of a final judgment.Green Emerald Homes LLC v. Green Tree Servicing LLC, Case No. 4D17-983 (Fla. 4th DCA 2017).
A party seeking to effect substitute service on a limited liability company must comply with Florida Statute section 48.062(3) if the party has already exerted diligent but unsuccessful efforts to serve under subsections (1) and (2), and must also comply with section 48.161(1) by sending notice to the defendant, via certified or registeredmail, that substitute service has been effected through the Secretary ofState, (ii) filing the return receipt from the defendant, and (iii) filing an affidavitof compliance.
