• Preservation of Error: trial court did not err in vacating final judgment based on unsworn representation of counsel that he had not received notice of the hearing where no contemporaneous objection made to court’s failure to place counsel under oathCemex Constr. Materials v. Ross, No. 5D12-2449 (Fla. 5th DCA Dec. 7, 2012) (affirming vacatur of final judgment)
  • Foreclosure: summary foreclosure judgment reversed where defendant did not answer but had not been defaulted and plaintiff failed to establish that no answer which defendant might file could present genuine issue of material fact regarding whether plaintiff complied with condition precedent of providing pre-suit notice of default Dominko v. Wells Fargo Bank, N.A., No. 4D11-1854 (Fla. 4th DCA Dec. 5, 2012) (reversing final judgment) (Editor’s note: Carlton Fields shareholder Michael Winston represented Wells Fargo in this appeal and argued for affirmance because defendant did not preserve this issue for appeal; the court did not address this argument in its opinion)
  • Due Process: landowners denied due process where court affirmed code violation without ruling on landowners’ motion to supplement appendix with transcript of proceedings below Kirrie v. Indian River County Code Enforcement Bd., No. 4D12-2328 (Fla. 4th DCA Dec. 5, 2012) (granting petition for writ of certiorari)
  • Takings: where landowners deprived of all or substantially all economically viable use of property, trial court erred in ruling against landowners’ inverse condemnation claimGalleon Bay Corp. v. Bd. of County Comm’rs of Monroe County, Florida, No. 3D11-1296 (Fla. 3d DCA Dec. 5, 2012) (reversing final judgment)