I. FLORIDA STATE CASES

  • Voluntary Dismissal: trial court has jurisdiction to reinstate voluntarily dismissed action for fraud on the court only where the fraud resulted in plaintiff securing affirmative relief to the detriment of defendant and, upon obtaining that relief, plaintiff dismissed to prevent court from undoing improper relief - Pino v. The Bank of New York, Case No. SC11-697, (Fla. Feb. 7, 2013) (revised Mar. 13, 2013, answering certified question of 4th DCA)
  • Waiver/Breach of Fiduciary Duty: claim for breach of fiduciary duty, like any other claim, may be waived by actions or conduct warranting an inference that a known right has been relinquished - Band v. Libby, No. 2D11-4942 (Fla. 2d DCA Mar. 13, 2013) (reversing order granting new trial on claim for breach of fiduciary duty)
  • Involuntary Dismissal: trial court erred when it ordered an involuntary dismissal of the foreclosure action before the bank had rested its case - Deutsche Bank Nat'l Trust Co. v. Santiago, No. 3D11-2805 (Fla. 3d DCA Mar. 13, 2013) (reversing dismissal)
  • Foreclosure: trial court abused discretion, having vacated foreclosure sale upon settlement of the parties, in refusing to grant related relief approving dismissal, setting aside final judgment, and returning original loan documents - Wells Fargo Bank, N.A. v. Giglio, No. 4D12-418 (Fla. 4th DCA Mar. 13, 2013) (reversing denial of motion to vacate)
  • Harris Act: where ordinance creating generally applicable development standard, as opposed to readily determined standard, statute of limitations on Harris Act claim for compensation did not run until its impact was readily ascertainable upon denial of demolition applications - Wendler v. City of St. Augustine, No. 5D12-2563 (Fla. 5th DCA Mar. 15, 2013) (reversing dismissal with prejudice)