Administrative Law Costs

Administrative law — Attorney’s fees and costs — Florida Equal Access to Justice Act — Party prevailing on administrative complaint filed by state — Error to enter order denying petition for attorney’s fees and costs before time had expired for evidentiary hearing on petition — State statute clearly provides for evidentiary hearing, unlike federal statute on which it was modeled
Reported at 35 Fla. L. Weekly D985a

Child custody — Visitation — Order denying mother’s motion to temporarily halt visitation between children and father because of father’s alcohol abuse was an appealable non-final order — Where children’s testimony was necessary for mother to prove a material change in circumstances and that modification is required to protect the children’s best interests, it was error for court to refuse to allow a court reporter to be present when court conducted interview with children in chambers
Reported at 35 Fla. L. Weekly D986a

Contracts — Real property sale — Appraisal contingency which provided that contract was contingent upon property appraising for no less than $620,000 was not ambiguous and meant that buyers could terminate contract if any appraisal valued the property at less than $620,000 — Sellers’ $635,000 appraisal did not obligate buyers to close where property buyer’s appraisal valued property at $560,000 — Because contingency triggering obligation to close did not occur, trial court erred in awarding buyers’ deposit to sellers
Reported at 35 Fla. L. Weekly D984a

Criminal law — Post conviction relief — Trial court erred in denying motion for post conviction relief without considering contents of memorandum of law which defendant filed in support of his motion, which was timely filed and sworn under oath
Reported at 35 Fla. L. Weekly D988a

Criminal law — Search and seizure — Vehicle stop — Where officers were told by an anonymous tipster and a bail bondsman that a person who was the subject of outstanding arrest warrants might be found at a particular house, and bail bondsman who was watching the house informed officers that a vehicle had stopped at the house and was leaving hurriedly, officers had a reasonable suspicion to believe that the vehicle contained the person who was the subject of outstanding arrest warrants — Stop of vehicle and arrest of defendant who was a passenger in vehicle for possession of firearm by convicted felon after officers found a gun beneath defendant’s seat were justified
Reported at 35 Fla. L. Weekly D985b

Estates — Claims — Class claims — The pendency of a federal class action against decedent at the time of decedent’s death, and the prompt substitution of the personal representative in the pending federal action, did not make the filing of a claim unnecessary — The filing of class claims in estate administration proceedings is not authorized under Florida Probate Code
Reported at 35 Fla. L. Weekly D978a

Torts — Jurisdiction — Non-residents — Allegations that defendant had been a marketing manager for company that is the engineering and marketing arm of plaintiff limited liability company, and that plaintiff is a Florida company with its principal place of business in Florida, do not demonstrate that defendant is subject to jurisdiction under long-arm statute — Error to deny defendant’s motion to dismiss complaint for lack of personal jurisdiction
Reported at 35 Fla. L. Weekly D983a