Wednesday, October 7, 2015

3d DCA Watch -- Basic Lawyering 101 Edition!

Hey, did you know you could file an affidavit in opposition to a summary judgment motion?

Just how detailed and persuasive does it need to be?

Not much:
Although the vice-president’s affidavit is far from a model of clarity, we hold it was sufficient to prevent entry of summary judgment in the absence of a more detailed factual record. For this reason, we reverse.

We remand to allow the development of a more detailed factual record addressing whether the Broker actually worked in conjunction with the Florida broker to procure the subject lease extension. Nothing in this opinion should be read as precluding a renewed motion for summary judgment by either party once the factual record is developed. In this regard, however, we remind the trial court, and caution the parties, that rule 1.510(g) requires the court to award attorney’s fees in the event the court finds that an affidavit was filed in bad faith or solely for the purpose of delay.
Wow -- you just dodged a bullet, only to possibly be hit by a train.

Good luck!

Hey, did you know an order granting entitlement to fees is not the same as a final judgment awarding those fees?

You didn't?
Tower Hill Prime Insurance Company appeals an order determining Alfredo Torralbas’ entitlement to attorney’s fees and costs. An order that merely determines entitlement to attorney’s fees without actually awarding an amount of fees is not final and, therefore, not appealable.
School's out, kiddos!


Anonymous said...

That's basic fundamental law. Whoever took that appeal is a fool

Anonymous said...

So. a party takes a meritorious appeal and wins only to be issued a warning in the event it tries to win below.Judicial activism anyone?