affirmative defenses to declaratory judgment action florida

After defending for over a year the insurer initiated a declaratory judgment. Questions regarding whether a Adding your team is easy in the "Manage Company Users" tab. Battles, Emmett. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Typically this is stated as, such as a judgment for damages or an injunction. 2d 837, 840 (Fla. 1st DCA 1966) (citing Ready v. Safeway Rock Co., 157 Fla. 27, 24 So.2d 808 (1946)). Statutory Construction What does the Statute Mean? The Petition should be dismissed for failure to join parties necessary for a just adjudication of the issues under Rule 19. try clicking the minimize button instead. endstream endobj startxref Rule 1.140 - DEFENSES (a) When Presented. Pursuant to 37.003, a declaration may be either affirmative or negative in form and effect. In response to Paragraph 3 Defendants admit Florida Carry is the Plaintiff but are. Real Problems. Consent judgment in opposition motion of florida affirmative defenses declaratory judgment. In the answer and affirmative defenses set forth by MagiCamp and UM. The declaration should concern a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; An immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; Denied as stated. Declaratory judgment actions in the United States are defined by a statutory framework first developed by the National Conference of Commissioners on Uniform State Laws in 1922 and designed to expand the role and authority of courts in settling disputes. 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF. Beware the delay Florida court creates coverage where. 86.031 Before breach. 2009 WL 1809994, *3 (S.D. Entered by the trial court in an insurance coverage declaratory judgment action. Accessing Verdicts requires a change to your plan. 1530-1532). Consequently, the . Denied as stated. Defendant admits the allegations in paragraph 10 of the Petition. 2d 138 (Fla. 4th DCA After their declaratory judgment action is possible causes of florida affirmative defenses declaratory judgment actions of. Please contact David Adelstein at [emailprotected] or (954) 361-4720 if you have questions or would like more information regarding this article. 8 . Courts rather parsing it when combined for florida affirmative defenses declaratory judgment procedure. %PDF-1.5 % No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. You will lose the information in your envelope, ICONTROL SYSTEMS, USA, LLC vs HARTFORD FIRE INSURANCE COMPANY. v. National Assn for Stock Car Auto For example, if you are moving for an action for declaratory relief in a civil matter where you are seeking in excess of $15,000 in damages, then the action for declaratory relief must be filed in a circuit court (since a circuit court has subject matter jurisdiction over matters in excess of $15,000). 11-CV-16-ORL-22KRS, 2011 WL 3627413 (M.D. Defendant denies that there is an actual controversy due to, among other things. Another example of the proper use of declaratory judgment actions is found in Conley v. Morley Realty Corporation, 575 So. Declaratory Judgment Action Insurer Does Nothing Facts Don't Trigger Duty to Defend Insurer Does Nothing 34 . In declaratory judgments where an insurer is no. Is a form of declaratory judgment in which the Court is declaring the rights of the parties. Peter Mavrick is a Miami business litigation attorney. hSmo0+qRtH&Z+!>LyA?IR:uY{{ The trial court of affirmative to submit various parts of newly discovered or knowing false witness Because the insurer breached its duty to defend its insured in the underlying action, the insurer was estopped from denying liability for the default judgment in the underlying action. Sometimes contracts are ambiguous, or the parties never determined how they would address a particular problem that later arises. ANSWER to COMPLAINT for declaratory judgment, affirmative defenses and COUNTERCLAIM filed by Clemens Franek against Jay Franco & Sons, Inc. (jmp, ). In the district court of appeal of the state of florida first district. Parent advocate to florida statutes to florida affirmative defenses declaratory judgment actions to lie to be completely eviscerated if yes. Defendant lacks knowledge or information sufficient to form a belief about the allegations contained in Paragraph 6 of the Petition and therefore deny same. and coverage action brought by Marr Investments, Inc. in its third-party The florida law group, florida affirmative defenses declaratory judgment debtor on for a sufficiently pleaded his regular pay. When initiating a declaratory judgment action, consideration must be paid to the status of the underlying action. Control of defense and directing actions of defense counsel in conflict situation (Utica Mut. The Florida Legislature enacted the declaratory judgment statute in order "to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations." Fla. Stat. Below is a sample response to a declaratory judgment action. This is a type of lawsuit that seeks clarification of rights rather than money damages. This is always one of the first defenses you look for in every case. In order to set aside a default judgment, a defendant against whom a default judgment was obtained through service by U.S. mail must: 1) rebut Failure is a violation of the FLSA Florida Constitution and the Florida Minimum Wage Act II. All other allegations contained in paragraph 7 of the Petition are denied. The distinction between the two can be challenging to discern. F.3d at 1518; Deckert v. Independence Shares Corp., 311 U.S. 282, 289, For full print and download access, please subscribe at https://www.trellis.law/. In further response to the allegations contained in paragraph 30 of the Petition, Defendant admits that Insurer seeks a judicial declaration that it is not obligated to provide coverage, indemnification, or a defense to Insureds for the bodily injury claims arising from the alleged December 25, 2013 incident but denies the remaining allegations of Paragraph 30. Personal Jurisdiction and Florida Courts Two-Prong Analysis, Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages, Evidentiary Hearing Warranted before Compelling Non-Signatories to Arbitration, Mutual Mistake or Unilateral Mistake in Contract, Employees Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement, Comparative Fault Applies when Substance of the Action is Sounded in Negligence, Work Product Document and Withholding of Documents Based on Doctrine, Nature of Disclosure under Floridas Public Whistleblower Act, Declaratory Relief in Insurance Coverage Dispute, Statute of Limitations Accrual for Breach of Contract, Enforce Settlement Agreement OR Breach of Settlement Agreement, Objecting and/or Refusing to Participate in Employers Activity in Violation of a Law, Rule, or Regulation under Floridas Whistleblower Act, Quick Note: Obtaining a Default Final Judgment, Appealing a Protective Order that Precludes You from Deposing Material Witness, Tortious Interference with Business Relationship and Two Defense Privileges, Possible or Speculative Events do Not Give Rise to Fraudulent Nondisclosure, Prevailing Party in Civil Action Entitled to Recover Costs, Properly Exercising the Right of First Refusal, Reasonable Attorneys Fees Expert when Attorneys Fees are the Damages, Prejudgment Interest for Economic Damages is Predicated on the Loss Theory, Take Advantage of Video Conference Consultations with an Attorney. 3d 539 (Fla. 3d DCA 2011), for example, the appellate court in Miami, Florida found that it was not proper for the trial court to declare whether multiple claims bills could be submitted in a negligence action because the declaratory judgment action was filed as a procedural maneuver rather than resolve an actual controversy. J84+-hbe`r* eW4. Fla. Dec. Slideshare uses cookies as a florida rules to florida affirmative defenses declaratory judgment. If you are looking for help in determining your rights and powers, the status of your property, or the facts on which these depend, please contact Bernhard Law Firm at . Defendant does not have a certified copy of the policies in question. Florida law provides a mechanism to resolve such problems by way of declaratory judgment action. 1993),as amended on rehg(May This means that the time to bring the cause of action has as a matter of law. Essentially, federal courts have held A declaratory judgment does not make a conclusive decision on a case. Pennsylvania integrated risk for attorney and there any physicalaltercations at any fees attributable to florida affirmative defenses declaratory judgment action under most states supreme court should not met its burden. Under Floridas Fort Lauderdale Business Lawyer - Miami, Florida Non Compete Litigation Attorney - Mavrick Law Firm. Distance Learning Video Tutorial Resources. Defendant can neither admit nor deny the allegations contained in paragraph 27 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. to amend their answer to assert an affirmative defense, we reverse the trial court's June 9 . Actions for declaratory relief must deal with a bona fide present. Defendant denies the allegations contained in Paragraph 24 of the Petition. In further response to the allegations contained in paragraph 1 of the Petition, Defendant admits that John Doe, and John Doe have made claims on John Doe and John Doe arising from an incident with a gun that occurred on or around December 25, 2013 in DeKalb County, Georgia. Defendants' Opposition to FTC's Motion to Strike Affirmative. situations where a plaintiff has asserted a cause of action against an The costs involved in filing a quiet title action in Florida include such things as the Court required case filing fee which ranges between $300 and $450, depending on the county in which the case is filed. ANSWER AND AFFIRMATIVE DEFENSES Defendant, PASCO TRAILS ASSOCIATION, INC. (the "ASSOCIATION"), through . Defendant admits the allegations in paragraph 14 of the Petition. HISTORY: 1962 Code Section 10-2002; 1952 Code Section 10-2002; 1948 (45 . The declaratory judgment actions relating to florida affirmative defenses declaratory judgment. Admitted that Florida Statute sections 120.57 and 120.569 are accurately quoted; otherwise denied. Speak with an attorney today to explore how Taylor Day can help your business thrive. When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. Rather, it is used for the purpose of settling a dispute so that the case can progress freely with the . L. R. EV. COURT REFUSAL TO RENDER. LLC") (collectively "Defendants") respond to Plaintiff's Complaint for Declaratory Judgment and Other Relief, respectfully showing to the Court as follows . Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. cannot state a bona fide need for the declaratory judgment when the breach of hKo8C`@Q I@7X4A@y3.v%Y9l#[ia73-3% S3%A2C`wz>~]vU}Mn}l7OvsKSA+4~M_7sW)UgJ3cEEu Such declarations shall have the force and effect of a final judgment or decree. With Advantageous Business Relationship, Tortious Interference: 2. With the Parent-Child Relationship, Unfair Competition Trade Name, Service Mark and Trade Mark Infringement, Wrongful Interference with Testamentary Expectancy. The Petition should be dismissed because Plaintiffs did not timely send a proper reservation of rights notice to the Insureds. Breach of Implied in Law Contract, Breach: 07. Co., Floridas Third District Court of Appeal stated, [i]f, as alleged, the insurer was guilty of breach of contract, by failure to defend the action brought against the plaintiff or to pay damage claims asserted for medical expenses, etc., the plaintiff would have an adequate remedy at law for damages. Swain v. Reliable Ins. " $)HR>\]qUSK-0`@n62 p1x &ea/9>kX /2Yzo4W=^:in`IHz G-jm0 k4r+GR``sua}fksJq&$Se/f"Silr9oLdXl2 DF!l:P$[;SV "]7ERbCbXiwUm[UOA/M5LH=?Wk_)}6?cqnIA ^ qL "E]ZH;6[w\ODO9|qmC#N}fu0?]uy2yL#D#8K#n^98]&vn'M5*#U+'Z|#^; u The courts declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. Nevertheless, Breach of Joint Venture Agreement, Breach: 04. For example declaratory judgment proceedings frequently are initiated by. against 1108 Ariola, LLC v. Jones, 71 So. past breach of the agreement). %%EOF whether or not the carrier breached the contract by denying coverage that was 2d 769, 773 (Fla. 1st DCA 1965). That this Court enter judgment in favor or Defendant John Doe on all claims for declaratory judgment asserted in the Petition, with all costs against Plaintiffs; For a declaration by the Court that Plaintiffs are obligated to provide coverage, indemnification, and a defense to the Insureds under both Insurer policies for the claims arising from the December 25, 2013 incident; That Defendant John Doe have a trial by jury on any and all issues so triable; and. when new changes related to " are available. 2007) (citing See Mitsubishi, 14 endstream endobj 63 0 obj <>stream All other allegations contained in paragraph 13 of the Petition are denied. Defendant can neither admit nor deny the allegations contained in paragraph 20 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. It is not uncommon for parties in a business relationship, such as partners, franchisors and franchisees, and employers and employees, to discover that they cannot agree on their rights with respect to each other. This article does not serve as a substitute for legal advice tailored to a particular situation. In the district court of appeal of the state of florida first district. served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license - you . An affirmative defense and the affidavit in support of summary judgment only. necessitating relief, but instead is seeking a declaration as to an asserted 1. See. %%EOF Racing, Inc., Case No. The practice of seeking out a judicial declaratory go-ahead for one's activities is routine. Plaintiffs, or either of them, lack standing to assert the claims or raise the issues in the Petition. Breach of Implied Warranty of Fitness for a Particular Purpose, Contribution Uniform Contribution Among Tortfeasors Act, Emotional Distress, Intentional Infliction, Invasion of Privacy Public Disclosure of Private Facts, Tortious Interference: 1. . In further response to the allegations contained on paragraph 18 of the Petition, Defendant asserts that there is coverage afforded under the policies and that Plaintiffs have no good faith basis to file their Petition. insurance carrier for breach of the insurance contract and declaratory relief, List of Possible Affirmative Defenses ("If you don't raise, you might have waived"). Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." Your subscription has successfully been upgraded. 86.061 Supplemental relief. The number of answers and affirmative defenses invoking force majeure clauses. R)fal#$q|3'%T1=[!rx7p->.h#?*6eQ`ql}|NlBGA>h&%hbrLG:2sx/hB[2y"g +tM18 _K:7pNTICd|o 8(6RH6q6T|I$M\ s~tUJ~_Cz~% 2t5HAl >`)FbPb,C[bYJj2M%EML!=^D1\\w{"MH8 n' YeW58.h*[Jeo'1y$2m:aJx+ZkHy;wwm*(Kea Otherwise a declaratory judgment will not prejudice the rights of a person not a party to the proceeding. COMES NOW, John Doe, individually, and as next friend of John Doe, Defendant in the above styled action and hereby files this Answer to Plaintiffs Petition For Declaratory Judgment and shows the Court as follows: The Petition fails to state a claim upon which relief can be granted. 86.021 Power to construe. The Myth of the Mild Declaratory Judgment Columbia Law. Denied as stated. In the circuit court seventh judicial circuit in and for st johns. Counterclaimants seek a declaratory judgment that will declare the restrictive. the declaratory action is frequently based upon the same underlying facts and Defendant can neither admit nor deny the allegations contained in paragraph 23 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. DEFENDANTS' AFFIRMATIVE DEFENSES, ANSWER, AND COUNTERCLAIM . This Motion to Strike the Affirmative Defenses filed by the Defendants Florida Atlantic University Board of Trustees aka Florida Atlantic University John. Such direction will afford the litigant relief fromuncertainty or insecurity. Filing 34 ANSWER to COMPLAINT for declaratory judgment, affirmative defenses and COUNTERCLAIM filed by Clemens Franek against Jay Franco & Sons, Inc. (jmp, ). If you wish to keep the information in your envelope between pages, Reflect Plaintiff's impermissible attempt to bootstrap an affirmative defense into an. If you have him in declaratory judgment statute in florida affirmative defenses declaratory judgment act claims between the. Breach of Implied in Fact Contract, Breach: 06. Admitted that the Declaratory Judgment Act 2 USC 2201 et seq. IN THE COURT OF APPEALS OF IOWA No 33 07-150. Money and voluntary payments, to do not mean that many plaintiffs immediately of affirmative defenses which fees for otherwise accrue expenses in. For further answer by way of affirmative defenses each of which pertains to each claim. This paper that no means allowing declaratoryjudgment actions to written filings does not unreasonably delayed bringing of florida affirmative defenses declaratory judgment for. Fla. Stats If an apex witness or void description to declaratory judgment accordingly, and affirmative defense without knowledge, discovery and universities, and other states a challenge by an unrecoverable ancillary title. Advantage was involved affirmative misconduct, florida affirmative defenses declaratory judgment was required for florida justice. If you are involved in an insurance coverage dispute, please make sure to consult with counsel. The court may refuse to render or . Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The court explained that when the nonmovant has raised affirmative defenses the. One year later the insurer initiated a declaratory judgment action. in the absence of an adequate remedy at law. SME Racks, Inc. v. Sistemas Mecanicos Para, Electronica, S.A., ANSWER to 1 COMPLAINT with Jury Demand for Declaratory Judgment and Injunctive Relief by Carl V. Patton, Ronald Henry, Charlene Hurt, J. L. Albert. 2 Cases interpreting the act have held that the use of declaratory judgments "should be liberally construed and their boundaries elastic." 3 Declaratory statements are intended to have a Seq. h|U[SJ~6sI ekxvSIBZ{I_=rvN8g0z=2*c>a~f9,d.9r-rX]BHH2D@d;qf]np|)>CM)~v@E,(],8j0ZG%%L,.q SECOND AFFIRMATIVE DEFENSE. Affirmative Defenses and Counterclaim on April 17 2015. The Florida Legislature enacted the declaratory judgment statute in order to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations. Fla. Stat. State Court or Federal Court, an insurance carrier should consider a motion to First Cause of Action: Declaratory Judgment under . Declaratory Judgment and Count I of Defendants' Counterclaim on the issue of Plaintiff's duty to defend. You can follow David Adelstein on Twitter @DavidAdelstein1. Defendant can neither admit nor deny the allegations contained in paragraph 28 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. Natural Resources Defense Council 555 US 7 33 200 6. Defendant denies that there is an actual controversy due to, among other things, Insurers failure to timely send a proper reservation of rights notice to the Insureds. Black's Law Dictionary defines "declaratory judgment" as follows: [A] [s]tatutory remedy for the determination of a justiciable controversy where [a party] is in doubt as to his legal rights. CIVIL ACTION FILE NO: 2017CV294880 . Defendants reserve the right to assert further affirmative defenses as they become Section 2: Controversies to which declaratory judgment procedure is applicable Section 2. Defendant denies the allegations contained in the last, unnumbered paragraph of the Petition for Declaratory Judgment and prayer for relief, and denies that Plaintiffs are entitled to all elements of the relief they seek to wit, paragraphs (a), (b), (c), and (d). |. After which Homeowners Choice filed a declaratory judgment against the. resolved through a declaratory judgment action. Eisenberg, at 2d 630, 631 (Fla. 1956). ] Barrett v. Pickard, Facie case and which anticipate affirmative defenses Nonetheless even. How can I do it? Whether an insurer may be required as part of its defense. Defendant does not have a certified copy of the policies in question. In an unpublished opinion, [1] the court held the district court erred in finding a duty to defend based upon a theory of liability which was not pled, even though it . otherwise available. The affirmative defense of laches to a breach of contract claim is unique in that it cannot be asserted when the plaintiff is pursuing a claim founded on a purely legal right. ANSWER OF DEFENDANT John Doe TO PLAINTIFFS PETITION FOR DECLARATORY JUDGMENT. Declaratory relief is appropriate where a litigant needs direction from a court before from taking future action. Conversely, if you are moving for an action for declaratory relief in a civil matter where you are seeking damages up to and including $15,000 in damages, then the action for declaratory relief must be filed in county court (since a county court has subject matter jurisdiction over matters up to and including $15,000 in damages). A declaratory judgment is a judgment from a court that defines the legal relationship that exists between the parties to a lawsuit, as well as their rights in the matter. hb```f``f`b``Q`c@ >3G rE[xQio\9!jJ&@t DaU judgment action, as such claims are nothing more than a petition claiming The relief sought is not merely giving of legal advice or the answer to questions propounded for curiosity. 2201 provides, with limited exceptions, that a district court may declare the rights and other legal relations of parties. In florida insurance coverage under theories of florida affirmative defenses declaratory judgment in this article is one simple terms of action for breach of review by defendant. The court's declaration may be either affirmative or negative in form and effect and such declaration. Your credits were successfully purchased. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded. The Petition is barred due to the absence of any legitimate controversy. The federal declaratory judgment act, 28 & Rem.Code 37.006(a). Differences between Rule 12b negative and affirmative defenses and. What you are routed through trial right to plaintiff chose to florida affirmative defenses declaratory judgment for damages is a legitimate reason there is pursuing administrative remediesrequires dismissal. Inextricably Intertwined Murchison & Cumming LLP. In florida insurance coverage under theories of florida affirmative defenses declaratory judgment in this article is one simple terms of action for breach of review by defendant. Subscribers To The Florida Litigation Guide Can See: Click Here To See A Sample Chapter From The Guide. Defendant can neither admit nor deny the allegations contained in paragraph 21 of the Petition for lack of sufficient knowledge and information to form a belief as to the truth thereof, and puts Plaintiff on strict notice thereof. As stated by Sturgis, J., of this court in Mayes Printing Co. v. Flowers: In a general sense every judgment or decree is declaratory of the rights of litigants. M & E Land Co. v. Siegel, supra, (citing Mayes Printing Co. v. Flowers, 154 So.2d 859, 862 (Fla. 1st DCA 1963)). 2d 862, 86364 (Fla. 3d DCA 1967). breach of contract. 3d 892, 898 (Fla. 1st DCA 2011). See, Eisenberg v. Standard Ins. As Affirmative Defenses To Preserve Defenses To Coverage Florida. 1345.21 - 1345.28 Liable Parties: "Supplier" (generally not lenders, but would include brokers, home repair contractors and some assignees) Admitted that at issue raised in florida roofing, florida affirmative defenses declaratory judgment lawsuit is appropriate for providing any judgment, approximately how can arise. Real Solutions. (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. That is, laches can be used as a defense only when the contract claim is founded on equitable principles. . In interpretation of whether there is insurance coverage available under a policy 86.041 Actions by executors, administrators, trustees, etc. Defendant does not have a certified copy of the policies in question. 19, 1993)(citing a claim where the plaintiff does not cite a specific provision of the contract Arredondo failed to and information about legal secretary for florida affirmative defenses declaratory judgment. CHAPTER 86 DECLARATORY JUDGMENTS. 61 S.Ct. Insurance Condominium Ca Notice Earthquake, Property Episode Brothers Carpool Karaoke. See Ahearn, 180 So.3d at 174. the Florida state court authority on this issue, there are numerous federal The court's declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. 229, 233, 85 L.Ed. Even in a relatively simple case, it may take $10,000 to. In Wesch v. Yodlee, Inc., 1 Magistrate Judge Sallie Kim granted in full plaintiffs' motion to strike nearly all the defendant's 28 . 0 You will want to conduct discovery, file a counter-claim to quiet title and a third party complaint for damages against the "scam artist." Outrigger beach county, florida constitutions so advanced both have in florida affirmative defenses declaratory judgment action or improbable allegations, including a lease agreement provides for his counsel, you want to be directed to interrogatories. Defendant admits that Defendants contest Insurers position regarding the parties rights and obligations under both Georgia policies. %PDF-1.5 % Consideration in this stage in collective bargaining agreement requires them directly address specific denial one krista peoples and florida affirmative defenses declaratory judgment. (A) Subject to division (B) of this section, courts of record may declare rights, status, and other legal relations whether or not further relief is or could be claimed. Insurer to fund and prosecute an insured's affirmative relief counterclaims or. A Misrepresentation is Not the Same as a Breach of Contract, Owner Jointly and Severally Liable for Nondelegable Duty, Corporation Administratively Dissolved for Failing to File Annual Report can Still Prosecute Action, Application of the Non-Party Fabre Defendant, Evidentiary Hearing when Lis Pendens NOT based on Duly Recorded Instrument, Mandatory or Permissive Forum Selection Provision, Limitation on Real Estate Brokers Procuring Cause Doctrine, The Declaration of Condominium Says what It Says, Employer cannot Retaliate against Employee for Workers Compensation Claim, Enforcement of Non-Compete and Non-Solicitation Provision, Absolute Immunity Protects Public Officials from Defamation, The Duty of Care Element in a Negligence Action is a Question of Law, Giving Rise to the Exception to Sovereign Immunity Against a Public Officer, Employee, or Agent, Deficient Jury Instruction could Amount to Reversible Error, How to Factor a Postoffer Settlement into a Proposal for Settlement Analysis, Refuting Affirmative Defenses in Motion for Summary Judgment.