Gelfand & Arpe, P. A.

INDEX - MEMORANDUMS TO CLIENTS
LISTED BY CASES

CASES

DATE OF PUBLICATION

Aberdeen Golf & Country Club v. Bliss Construction, Inc., 30 FLW D1734 (Fla. 4th DCA, July 20, 2005)  Cited in Arbitration: Country Club Cannot Arbitrate a Dispute After Firing Contractor. 9/05
Adika v. Beekman Towers, Inc., 633 So. 2d 1170 (Fla. 3rd DCA 1994) Cited in Swim at Your Own Risk. 10/95
Aerospace Accessor Service, INc. v. Abiseid, 31 FLW D2841 (Fla. 3rd DCA, November 15, 2006)  Cited in Corporaitons: Ignoring Corporate Policy is a No-No 1/08
Alhambra Homeowners Association, Inc. v. Asad, 31 FLW D3118 (Fla. 4th DCA, December 12, 2006)  Cited in Attorney's Fees: HOA's Must Mediate Before Litigating 2/08
Almarante v. The Art Institute of Fort Lauderdale, Inc., 31 FLW D418 (Fla 4th DCA, February 8, 2006).  CIted in Torts: Liability For Injuries Occurring On A Thoroughfare. 4/06
Aldrich v. Tahitian Gardens Condo. Assn., Inc., Case Nos. 96-0055; 96-0070(August 5, 1996)  Cited in Corporate Records: Unit Owners May Have the Right to Inspect E-Mails. 9/05
Allstate Insurance Company v. Cambron, 21 Fla. L. Weekly D2326 (Fla. 5thDCA, September 8, 2006)  Cited in Insurance Potential Liability For Interfering with Claim 11/06
Alvarez v. Alvarez, 26 Fla. L. Weekly D2506 (Fla. 3rd DCA, October 17, 2001).  Cited in Bounced Checks: Triple Grief for Worthless Rubber. 12/01
Amerada Hess Corp. v. Federated Department Stores, Inc., 24 FLW D730 (Fla. 4th DCA March 14, 2001).  Cited in Releases: Pulling The Ripcord Without a Parachute? 5/01
America Online, Inc. v. Booker, 26 FLW D386 (Fla. 3d DCA February 7,2001).  Cited in Contracts: Venue, Where Suit Can Be Brought. 3/01
American Reliance Ins. Co. v. Perez, 618 So.2d 233, 22 FLW D138 (Fla. 3rd DCA, January 8, 1997). Cited in Cash is Cash 3/97
Ameriseal of North East Florida, Inc. v. Leiffer, 21 FLW D777 (Fla. 5th DCA, March 29, 1996). Cited in Class Actions Work. 5/96
Andres v. Indian Creek Phase III-B Homeowner's Assocition, Case No. 4D03-3641, (Fla. 4th DCA March 23, 2005).  Cited in Foreclosures: Flag Man's Home Cannot Be Sold To Pay For Association's Attorney's Fees 4/05
Animal Rights Foundation of Florida, Inc. v. Siegel, 29 FLW D355 (Fla. 5th DCA, February 6, 2004).  Cited in First Amendment: Speech Protesting Animal Rights Violations. 5/04
Anton v. Anton, 27 FLW D1090 (Fla. 4th DCA, May 8, 2002) Cited in Wake-Up Call For All Directors and Officers. 9/02
Argoff v. Rainberry Bay Homes Assn., Inc., 27 FLW D2077 (Fla. 4th DCA, September 18, 2002) Cited in Assessments: Can You Levy Owners At Different Rates? 11/02
Askew v. Firestone, 421 So. 2d 151 (Fla. 1982) Cited in Dot Your I's and Cross Your T's. 11/95
Bank of America v. Putnal Seed and Grain, Inc., 32 FLW D2209 (Fla. 1st DCA, September 18, 2007).  Cited in Banks: Notify Bank Immediately Of Any Unauthorized Transactions. 11/07
Barakat v. Broward County Housing Authority, 25 FLW D2474 (Fla. 4th DCA October 18, 2000).  Contracts: Severance Pay. 12/00
Barrwood Homeowners Association, Inc. v. Maser, 21 FLW D1255 (Fla. 4th DCA, May 29, 1996). Cited in Liability and Notice: When Does Notice Create Liability, Particularly For Dog Bites. and Bad Dog: No Free Bites 11/96

4/02

Benitez v. Girl Friday, Inc., 17 FLW D2642 (Fla. 3rd DCA, 11/24/92) Cited in Fowl Language Does Not Mandate Dismissal. 2/93
Bennis v. State Cemical Manuf. Co., 21 FLW 2226 (Fla. 4th DCA, October 16, 1996). Cited in Premises Liability: "Store With Care" Applies to Dangerous Chemicals. 12/96
Berg v. Bridle Path Homeowners Association, Inc. 27 Fla. L. Weekly D305 (Fla. 4th DCA, January 30, 2002).  Cited in Foreclosures: The Importance of Following Your Own Rules. 3/02
Berklow & Associates, Inc. v. Brown, 31 FLW D1634 (Fla. 1st DCA, June 14, 2006).  Cited in Taxation: Dock Renters May Not Have To Pay Taxes. 8/06
Board of Public Instruction of Dade County v. Town of Bay Harbor Islands, 81 So.2d 637 (Fla. 1995). Cited in Condemnation: You Want it, You Buy It 5/97
Breeling v. Churchill, 423 NW 2d 462 (NEB. 1988) Cited in When is a Dish a Dish, and When is a Dish an Antennae. 11/95
Brown v. Rice, 716 So. 2d 807, (Fla. 5th DCA 1998) Cited in Legislative Update: Action and Reaction. 7/02
Bruno v. Destiny Transportation, Inc., 31 FLW D688 (Fla. 2nd DCA, March 3, 2006).  Cited in Workers' Compensation: Immunity or Liability? 5/06
Bryan v. Clayton, ___ So.2d ___ (Fla. 5th DCA, Sept. 12, 1997). Cited in Federal Fair Debt Collection Practices Act, New Math Means 10 Now Equals 30 10/97
Burr v. Norris, 21 FLW D278 (Fla. 2nd DCA, January 24, 1996). Cited in Self-Help: The Sure Easy Way to Great Problems and Liability. 3/96
Byers v. The Radiant Group, 32 FLW D2502 (Fla. 2nd DCA, October 19, 2007).  Cited in Torts: What Happens When People Overstay Their Welcome? 12/07
Cabezas v. Florida Farm Bureau Casualty Insurance Co., 27 FLW D 2186 (Fla. 3rd DCA, October 9, 2002) Cited in Insurance: No Coverage For Intentional Acts Of Harm 12/02
Castro v. Miami-Dade County code Enforcement, 28 FLW D1168 (Fla. 3rd DCA, May 14, 2003).  Cited in Code Enforcement: "Parked" May Not Equal "Storage" 7/03
CDI Contractors, LLC v. Albright Electrical Contractors, Inc. 26 FLW D626 (Fla. 5th DCA March 2, 2001).  Cited in Construction: When is Completion, Completion? 5/01
Charles v. State of Florida Department of Children and Families District Nine,  FLW D397 (Fla. 4rh DCA, February 9, 2005).  Cited in Torts: Beware Of What You Ask For-Invited Defamation Is A Complete Defense To Defamation. 4/05
Chapman v. King Motor Company of South Florida, 30 FLW D672 (Fla. 4th DCA, March 9, 2005).  Cited in Arbitration: Unstated Filing Fees Chill Right to Enforce Important Contract Rights. 5/05
City of Coral Gables v. Wood, 305 So.2d 261, 263 (Fla. 3rd DCA 1974). Cited in Keep on Trucking 2/97
City of Edmonds v. Oxford House, Inc., 9 FLW, S10 (May 15, 1995) Cited in Rules Preventing Overcrowding May be Discrimination. 10/95
City of Melbourne, Florida v Dunn, 28 FLW D500 (FLA. 5th DCA , February 21, 2003).  Cited in Torts: A Picture Speaks a Thousand Words! 4/03
City of Tampa v. City National Bank of Florida, 32 Fla. L. Weekly D1319 (Fla. 2nd DCA, May 23, 2007).  Cited in Zoning: ARC Cannot Stop High Rise In Historic District. 7/07
Country Manors Association, Inc. v. Master Antenna Systems, Inc., 534 So. 2d 1187 (Fla. 4th DCA, 1988). Cited in Self-Help: The Sure Easy Way to Great Problems and Liability. 3/96
Coquina Beach Club Condominium Assn., Inc. v. Wagner, 27 Fed. L Weekly D873 (Fla. 2nd DCA, April 19, 2002).  Cited in Civil Procedure: Setting Aside a Default May Be an Uphill Battle. 6/02
Craig v. The School Board of Broward County, Florida, 21 FLW D1937, 1938 (Fla. 4th DCA, August 28, 1996), citing Miami Paper Co. v. Johnson, 58 So. 2d 869, 871 (Fla. 1952). Cited in Condominium and Cooperative Association Reserves and Accounting: Report and Pay Now, or Pay Significantly More Later. 10/96
Crown General Stores, Inc. v. Ultra Meat Market, Inc., 28 FLW D500 (Fla. 3rd DCA, February 19, 2003).  Cited in Contracts: Hear No Evil, See No Evil Is No Defense. 4/03
Cudjoe Gardens Prop. Owners Ass’n, Inc. v. Payne, 25 Fla. L. Weekly D2305 (Fla. 3rd DCA September 27, 2000).  Cited in COVENANT ENFORCEMENT: CAN YOU REALLY REQUIRE COMPLIANCE? 11/00
Cousins Club Corp. v. Silva, 28 FLW D2426 (Fla. 4th DCA, October 22, 2003).  Cited in Releases: Boxer Did Not Release Night Club From Negligence. 1/04
Covelli Family, P.P. v. ABG5 L.L.C., 33 FLW D113 (Fla. 4th DCA, January 2, 2008).  Cited in Contracts: Minor Breach Does Not Stop Termination of a Lease. 3/08
Dale v. Florida Unemployment Appeals Commission, 19 FLW, D890 (2nd DCA April 22, 1994) Cited in Unemployment Compensation: Protection for Even the Less than Perfect. 10/94
Dan v. BSJ Realty, LLC, 32 Fla. L. Weekly D809 (Fla. 3rd DCA, March 28, 2007). Cited in Real Property: Gate Can Stay Without Easement. 5/07
Davidpur v. Coumne, 32 FLW D2470 (Fla. 3rd DCA, October 17, 2007).  Cited in Foreclosures: Written Agreements Cannot Be Changed Without Consideration. 12/07
Davis v. Dollar Rent A Car Systems, Inc., 29 FLW D2627 (Fla. 5th DCA, November 17, 2004) Cited in: Torts: Not Trimming Follage Can Lead to Liability. 1/05
Department of Business and Professional Regulation v. Walters, No: 02-2842 9/03
Department of Revenue v. John's Island Club, Inc., 21 FLW D750 (Fla. 1st DCA, March 27, 1996). Cited in Class Actions Work. 5/96
Dependable Component Supply, Inc. v. Pace Electronics, Inc., 25 FLW D2728 (Fla. 4th DCA November 29, 2000). Contracts: Dueling Papers. 1/01
Dolphins Plus, Inc. v. Hobdy, 650 So.2d 213 (Fla. 3rd DCA 1995). Cited in Trespass: Damages for Invading Common Areas 5/97
Dudley, et. al v. City of Tampa, et. al, 30 FLW D1245 (Fla. 2nd DCA, May 13, 2005.  Cited in Torts: City Has No Duty To Warn About Defects. 7/05
DVDPLAY, Inc. v. DVD 123 LLC, 31 FLW D1508 (Fla. 3rd DCA, May 31, 2006).  Cited in Contracts: A Florida Claimant May Have To File A Lawsuit In Another State. 8/06
Eicoff v. Denson, et al., 30 FLW D337 (Fla. 5th DCA, February 4, 2005).  Cited in Restrictive Covenants: Homeowner Jailed Until Trees Are Removed. 3/05
Emmer v. Brucato, 27 FLW D846 (Fla. 5th DCA, April 12, 2002).  Cited in Civil Procedure: Setting Aside a Default May 6/02
Emerald Estates Community Association, Inc. v Gorodetzer, 27 FLW D1164 (Fla. 4th DCA May 15, 2002).  Cited in Covenants Get Permission Before , Not After Alterations. 8/02
Engineering & Development Corp. v. Sanchez, 31 FLW D1881 (Fla. 3rd DCA, July 12, 2006).  Cited in Employment: Hold Harmless Agreement Does Not Waive Employer's Workers' Compensation Immunity. 9/06
Easton v. Aramark Uniform and Career, Etc., FLW d1802 (Fla. 1st DCA, August 6, 2002). Cited in Torts: Improper Dumping Can Be Hazardous To Your Health As Well As Your Pocketbook. 10/02
Evans v. Bell, 20 FLW, D498 (Fla. 1rst DCA 2/20/95) Cited In Dot Your I's and Cross Your T's. 11/95
Fallschase Dev. Corp. v. Blakey, ___ So.2d ___, 22 FLW D754 (Fla. 1st DCA, March 20, 1997). Cited in Transfers: Limitations Upon the Right of First Refusal 6/97
F & A Dairy Products, Inc. v. Imperial Food Distributors, Inc., 26 Fla. L. Weekly D2548 (Fla. 4th DCA, October 24, 2001).   Cited in Bounced Checks: Triple Grief for Worthless Rubber. 12/01
Feagle v. Estate of Purvis, 30 FLW D67 (Fla. 5th DCA, December 23, 2004).  Cited in Torts: Liability for Passing Out While Driving. 2/05
Ferola v. Blue Reef Holding Corp, 719 So.2d 389 (Fla. 4th DCA 1998).  Cited in Covenant Enforcement: If It Is Important, Then Act; If Not, Then Do Not!. 2/00
Fieldhouse v. Tam Investment Company, 32 Fla. L. Weekly D1537 (Fla. 4th DCA, June 20, 2007).  Cited in Torts: Hidden Tree Roots May Prove Costly. 8/07
Filsaime v. Flying Food Group LLC, 27 FLW D2182 (Fla. 3rd DCA, October 9, 2002) Cited in Employment: Problems When  A Boss Fires An Employee. 12/02
First American Holdings, Inc. v. Preclude, Inc., 32 Fla. L. Weekly D1256 (Fla. 2nd DCA, May 11, 2007).  Cited in Garnishment: When To Stop Payment On A Check. 7/07
Florida Bar v. Farins, FLW S698 (11/12/92) Cited in Notary Law Strictly Enforced. 2/93
Florida Department of Financial Services v. MJ Versaggi Trust, 32 Fla. L. Weekly D676 (Fla. 2nd DCA, March 9, 2007).  Cited in Workers' Compensation: Exemption From Coverage Requirements. 4/07
Florida Tower Cd'm, Inc. v. Mindes, 777 So.2d 210, 25FLW D2556 (Fla. 3rd DCA, October 18, 2000).  Cited in Arbitration: More Line Drawing. 2/01
Fong v. Town of Bay Harbor Islands, 28 FLW D55 (Fla. 3rd DCA, December 24, 2003). Cited in Liens: Town's Right to Enforce Code Violation Lien is Limited By Homestead Rights. 2/04
Forte v. Florida Unemployment Appeals, 30 FLQ D922 (Fla. 3rd DCA, April 6, 2004).  Cited in Unemployment Compensation: Misconduct Disqualifying An Employee From Collecting Benefits. 6/05
The Gables I Townhomes, Inc. v. Sunmark Restoration, Inc., 21 FLW D2376 (Fla. 3rd DCA, November 6, 1996). Cited in Contracting with Contractors: Exercises in Definiteness and Patience 3/97
Gale Industries, Inc. v. Trytek, 32 Fla. L. Weekly D1554 (Fla. 5th DCA, June 22, 2007).  Cited in Attorney's Fees: Judgement, No Matter How Small, Entitles Contractor To Fees. 9/07
Gem Estates Mobile Home Village Association, Inc. v. Bluhm, 29 FLW D2332 (Fla. 2nd DCA, October 20, 2004). Cited in Restrictive Covenants: Lack of Wheels Does Not Exempt Porch From Setback Requirements. 12/04
Grecian v. Barrwood Homeowners Association, Inc., 29 FLW D909 (Fla. 4th DCA, August 18, 2004).  Cited in Assessments:  Pay First, Ask Questions Later. 11/04
Girbertson v. Lennar Homes, Inc., 629 So. 2d 1029 (Fla. 4th DCA 1993) Cited in Swim at Your Own Risk. 10/95
Governing Board of the St. Johns v. Continental Aerial Surveys, Inc., 27 FLW D2017 (Fla. 5th DCA, September 6, 2002). Cited in Contracts: A Name Is Just A Name, Or Is It? 11/02
Grant v. Thornton, 25 FLW D26 (Fla. 2nd DCA, December 22, 1999).  Cited in Code Compliance: Life, Liberty and the Pursuit of Happiness. 2/00
Hawkins v. Cordy, 19 FLW, D1940 (Fla. 3rd DCA 1994) Cited in Insurance: Worker's Compensation Coverage Diminishes as Managers' or Supervisors' Negligence Becomes Outrageous. 12/94
Heck v. Parkview Place Homeowners Association, Inc., 19 FLW, D2140 (10/5/94) Cited in What is in a Name. 4/95
Heintz v. Jenkins, 1155 S.Ct. 1489 (1995) Cited in Collections: Laws Regulate Most Association Collection Efforts. 4/95
Henley v. City of Cape Coral, 292 So.2d 410 (Fla. 2 DCA 1974). Cited in Keep on Trucking 2/97
Henderson v. Idawu, 27 FLW D2271 (Fla. 4th DCA, October 16, 2002) Cited in Employment: Problems when A Boss Fires An Employee. 12/02
Hernandez v. Trout Creek Dev. Corp., 25 Fla. L. Weekly D437 (Fla. 2nd DCA February 16, 2000). Cited in COVENANT ENFORCEMENT: CAN YOU REALLY REQUIRE COMPLIANCE? 11/00
Hobbs v. Weinfauf, et al., 31 FLW D2242 (Fla. 2nd DCA, August 25, 2006).  Cited in Accounting Records: A Separate Account Must Be Kept For Each Unit. 10/06
Hochstadt v. Sanctuary H.O.A.,Inc, 761 So.2d 1153, (Fla. 4th DCA 2000).  Cited in Assessments: Waste Not Want Not. 10/00
Hoey v State Farm Florida Insurance Company, 3FLW D1780 (4th DCA, July 16, 2008).  Cited in Contracts: Small Print Brings A Tidal Wave of Consequences. 6/08
Home Loan Corporation v. AZA, 31 FLW D1519 (Fla 3rd DCA, May 31, 2006).  Cited in Torts: Officers Can Not Hide Behind Corporations To Escape Liability For Fraud. 7/06
Imperial Golf Club, Inc. v. Monaco, 25 FLW D182 (Fla. 2nd DCA January 14, 2000) 3/00
In re: O'Mara 6 FLW Fed. B151 (M.D. Fla., 5/19/92) Cited in Bankruptcy Bar's Unapproved Collection Efforts. 8/92
In re: Cohen, 122 BR 755 (Bank. S.D. Cal., 1991) Cited in Bankruptcy Bar's Unapproved Collection Efforts. 8/92
Isle of Catalina H.O.A., Inc. v. Pardee, 739 So. 2d 664 (Fla. 5th DCA 1999).  Cited in COVENANT ENFORCEMENT: CAN YOU REALLY REQUIRE COMPLIANCE? 11/00
Izquierdo v. Gyroscope, Inc., 32 Fla. L. Weekly D197 (Fla. 4th DCA, January 10, 2007).  Cited in Negligence: Dancing On Wet Napkins. 3/07
Jallali v. Nova Southeastern University, Inc.,33 FLW D2312 (Fla. 4th DCA, October 1, 2008).  Cited in Changing The Rules In The Middle Of The Game: A Childhood Lesson Turned Upside Down. 11/08
Kennedy v. Byas, 29 FLW D564 (Fla 1st DCA, March 4, 2004).  Cited in Torts: An Animal Owner Cannot Collect Emotional Distress Damages For Mistreated Pet. 5/04
Kirschner v. Baldwin, 33 FLW D1899 (Fla. 5th DCA, August 1, 2008).  Cited in Restrictive Covenants: Enforcement Is Not Just The Right Of The Association 10/08
K.M. v. Publix Super Markets, Inc., 30 FLW D275 (Fla. 4th DCA, January 26, 2005).  Cited in Torts: When Is There A Duty To Warn About Sex Offenders? 3/05
Klark v. Eagles' Reserve Homeowners' Association, Inc., 28 FLW D231 (Fla. 2nd DCA, January 16, 2004).  Cited in Construction and Maintenance: Ins and Outs, What Constitutes The Inside Versus the Outside of a Home? 3/04
Knadel v. Estate of Knadel, ___ So.2d ___, 1 FLW D2531 (Fla. 1st DCA, November 26, 1996). Cited in Drafting: You Get What You Ask For 4/97
Kuvin v. City of Coral Gables, 32 Fla. L. Weekly D2009b (Fla. 3rd DCA, August 22, 2007).  Cited in Vehicles: City Truck Zoning Prohibition Is Unconstitutional. 9/07
Latera v. The Isle at Mission Bay Homeowners Association, Inc., 655 So.2d 144 (4th DCA 1995) Cited in When is a Dish a Dish, and When is a Dish an Antennae. 11/95
Latera v. Isle at Mission Bay Homeowners Association, Inc., 655 So. 2d 144 (Fla. 4th DCA, 1995). Cited in Telecommunications Act of 1996: Homeowners' Antennas Dishing Up Disputes. 9/96
Lenard v. A.L.P.H.A. "A Beginning" Inc., 32 Fla. L. Weekly D67 (Fla. 2nd DCA, December 22, 2006).  Cited in Employment Discrimination What Constitutes A Disability? 3/07
Loretto v. Teleprompter Manhattan CATV Corp.,458 U.S. 419 (1982). Cited in Telecommunications Act of 1996: Homeowners' Antennas Dishing Up Disputes. 9/96
Marco Island Civic Association, Inc. v. Mazzino, 29 FLW D1964 (Fla. 2nd DCA, August 27, 2004).  Cited in Covenants: Deed Restrictions Cannot Be Canceled To Allow A Medical Building. 11/04
Marina Grande Associates, Ltd., 33 FLW D1516 (Fla. 4th DCA, June 11, 2008).  Cited in What is Material and Justification to Cancel a Sales Contract? 8/08
Massaro v. Mainland Section 1 & 2 Civic Assn., Inc., 3 F.2d 1472 (11th Cir. 1993), Cited in accidental or inadvertent age discrimination may result in liability. 1/94
Matthews, Corp. v. Peters, 610 So.2d 111 (Fla. 3rd DCA 1992), Cited in Associations May Be Liable for Subcontractors Injuries. 7/93
Mazer v. Orange County, 27 FLW D732 (Fla. 5th DCA, March 28, 2002).  Attorney's Fees: Produce Records When Requested Or Else. 5/02
Mercedes Homes, Inc. v. Colon, 32 Fla. L. Weekly D1912 (Fla. 5th DCA, August 10, 2007).  Cited in Arbitration: Negligence Lawsuit Must Be Decided By Arbitrator. 10/07
Miami Herald Media Company v. Sarnoff, 33 FLW D24 (Fla. 3rd DCA, December 19, 2007).  Cited in IS A Memo To File Part Of The Association's Official Records. 2/08
McCall v. Alabama Brunos, Inc., 19 FLW D1397 (Fla. 1st DCA 1994) Cited in Property Owners May be Liable for Independent Contractor's Negligence. 12/94
McFall v. Trubey, 33 FLW D2348 (Fla. 2nd DCA, October 3, 2008)  Cited in Tenants In Common:  Fulfillment of Duties. 11/08
McGraw v. R and R Investments, Ltd., 29 FLW D1663 (Fla. 1st DCA, July 20, 2004).  Cited in Equine Communities: Signage Reduces Liability Risks. 9/04
Mead v. Ocean Trail Unit Owners Association, Inc., 638 So.2d 963 (Fla. 4th DCA 1993), Cited in Increased Director Liability. 7/93
Meadows Community Association, Inc. v. Russell-Tutty, 31 FLW D1495 (Fla. 2nd DCA, May 31, 2006). Cited in Restrictions: Gate Opening FOr Associations TO Stop Speeding On Private Roads. 7/06
Medical Plan, Inc. v. Jacobson, M.D., 18 FLW D121, (Fla. 3rd DCA 1992) Cited in Patients are Free to Choose. 5/93
Metropolitan Dade County v. Goldberg, ____ So.2d____, 21 FLW D2413 (November 21, 1996). Cited in Keep on Trucking 2/97
Michnal v. Palm Coast Development, Inc. 29 FLW D688 (Fla. 4th DCA, March 12, 2003).  Cited in Liens: Facsimile Saves a Foreclosure Action. 5/03
Miller v. Slabaugh, 30 FLW D2088 (Fla. 2nd DCA, September 2, 2005).  Cited in Torts: The Importance of Maintaining Property In A Safe Condition. 10/05
Miller v. Savanna Maintenance Association, Inc., FLW D11956 (Fla. 4th DCA, April 30, 2008).  Cited in Fair Housing: Show Your Cards! 6/08
Mora v. Karr, ___ So.2d ____, 22 FLW D1522 (Fla. 4th DCA, June. 25, 1997). Cited in Covenant Enforcement: Act Now or Lose Later 8/97
Muns v. Shurgard Income Properties Fund 16,682 So.2d 166 (Fla. 4th DCA 1996). Cited in Contracts: Read Before You Sign, Even Self Storage Leases. 1/00
Murphy v. Young Men's Christian Association of Lake Wales, Inc., 33 FLW D525 (Fla. 2nd DCA, February 15, 2008).  Cited in Torts: Signing Your Rights Away. 4/08
National Title Insurance Company v. Lakeshore 1 Condominium Association, Inc., 691 So.2d 1104, 22 FLW D703 (Fla. 3rd DCA 1997). Cited in Failing to Use Entrusted Funds for Proper Purposes 10/97
National Ventures, Inc. v. Water Glades 300 Condominium Association, 28 FLW D1375 (Fla. 4th DCA, June 11, 2003).  Cited in Torts: You Win Some, You Lose Some. 8/03
Navarro v. Country Village Homeowners Association, Inc., 20 FLW D911 (Fla. 3rd DCA, 4/12/95) Cited in Swim at Your Own Risk. 10/95
Nero v. Continental Country Club R.O., Inc., 32 FLW D2951b (Fla. 5th DCA, December 14, 2007).  Cited in Official Records: Is It All There? 1/08
Newman v. Boehm, Perlstein et. al., 119 F.3d 477 (7th Cir., July 2, 1997) Cited in Federal Fair Debt Collection Practices Act, New Math Means 10 Now Equals 30 10/97
Niehaus v. Big Ben's Tree Service, Inc., 33 FLW D1432 (Fla. 1st DCA, June 2, 2008).  Cited in Contracts: Discrepancy Over Meaning of "Remove" Jeopardizes Lien 7/08
Nu Med Home Health Care, Inc. v. Hospital Staffing Services, Inc., 21 FLW D40 (Fla. 4th DCA, December 20, 1995). Cited in Attorney-Client Meetings: Ensure Your Confidences are Protected. 4/96
Ocean Trail Unit Owners Association, Inc. v. Mead, 650 So.2d 4 (Fla. 1994) Cited in Special Assessments to Pay Judgments Valid. 2/95
Owens v. Publix Supermarkets, Inc. and Soriano  v. B. & B Cash Grocery Stores, Inc., 802 So.2d 315 (Fla. November 15, 2001).   Cited in Premises Liability: Slip and Fall on a Banana Peel.; and Legislative Update: Action and Reaction. 1/02
7/02
Palm Beach County v. Cove Club Investors Ltd., 22 FLW D598 (Fla. 4th DCA, March 5, 1997). Cited in Condemnation: You Want It, You Buy It 5/97
Payne v. Cudjoe Gardens Property Owners Association, Inc., 28 Fla. L. Weekly D1 (Fla. 3rd DCA, December 18, 2002).   Cited in Restrictive Covenants: May Restrictions Be Abandoned? 3/03
Pearce v. Deschense, 31 FLW D1862 (Fla. 4th DCA, July 12, 2006).  Cited in Torts: Intoxication Defense To Employee Injuries. 9/06
Pinecrest Lakes v. Shidel, 26 Fla. L. Weekly D2330 (Fla. 4th DCA, September 26, 2001).  Cited in Construction: Little Pig Little Pig Let Me In- or I'll Huff and I'll Puff and I'll Blow Your House Down. 11/01
Plaza del Prado Cd'm Ass'n Inc. v. Richman, 345 So.2d 851 (Fla. 3rd DCA 1977). Cited in Covenant Enforcement: Act Now or Lose Later 8/97
Plaza East Association, Inc., Docket No. 2005 059934 (2006).  Cited in Insurance Update: Who Pays For Condominium Hurricane Damage? 3/06
Porto v. Carlysle Plaza, Inc., 33 FLW D65 (Fla. 3rd DCA, December 26, 2007).  Cited in Torts: Association Not Liable For Injury To An Uninvited Licensees 3/08
Powerplant Maintenance Company, Inc. v. Gardner, 18 FLW, D1147 Cited in Associations May Be Liable for Subcontractors Injuries. 7/93
Priester v. Grand Aerie of the Fraternal Order of Eagles, Inc., 22 FLW D309 (Fla. 3rd DCA, January 29, 1997). Cited in Director Liability: Officer Selection Requires Proper Judgment 4/97
Prisco v. Forest Villas Condominium Apartments, Inc., 28 FLW D1065 (Fla. 4th DCA, April 30, 2003.  Cited in Covenants: A Dog With Nine Lives. 8/03
Proctor v. Coral Springs, 396 So.2d 771 (Fla. 4 DCA 1981). Cited in Keep on Trucking 2/97
Quain v. Finance America Industrial Plan, Inc., 508 So. 2d 759, 12 FLW 1437 (Fla. 4th DCA, July 16, 1987). Cited in Unauthorized Partial Payments: Money in the Hand is So Enticing! 6/96
The Quaker Oaks company v. Jewell, 27 FLW D734 (Fla. 5th DCA, March 28, 2002).  Cited in Employment: No Overtime For Hourly Workers? 5/02
Rabon v. Inn of Lake City, Inc., ___So.2d___, 22 FLW D1304 (1st DCA, May 22, 1997). Cited in Association liability for Contractors' Injured Employees and Sub-Contractors: Part III 8/97
Raffinan v. Philippine Cultural Foundation, Inc., 821 So. 2d 1272 (Fla. 2nd DCA, August 2, 2002). Cited in  Corporate Records: Ex-Members May Have Inspection Rights. 10/02
Ramirez v. M.L. Management Co., Inc., 30 FLW D2710 (Fla. 4th DCA, November 30, 2005) 1/06
Regal Trace, LTD., et. al., 30 FLW D1514 (Fla 4th DCA, June 15, 2005.  Cited in Torts: Duty to Warn About a Child Molester. 8/05
Regis Insurance Company v. Miami Management, Inc., 30 FLW D1438a (Fla. 4th DCA, June 8, 2005).  Cited in After Settlement Of A Wrongful Death Action. 07/05
Riveras v. Unemployment Appeals Commission, 29 FLW D2385 (Fla. 2nd DCA, October 27, 2004).  Cited in Unemployment Compensation: Error Which Cost Bank $6,000 Is Poor Judgment, Not Misconduct. 12/04
Robert-Blier v. Statewide Enterprises, Inc., 30 FLW D150 (Fla. 4th DCA, January , 2005).  Citied in Torts: Liability for Failure to Provide Security. 2/05
Rogers & Ford Construction Corp. v. Carlandia Corporation, 18 FLW S592 (November 10, 1993) Cited in Who Can Sue the Condominium's Developer. 5/94
Romero v. Shadywood Villas H.O.A., Inc., 20 FLW D1354 (Fla. 3d DCA, June 7, 1995). Cited in New Financial Report Guidelines. 1/96
Rosas v. Remington Hospitality, Inc., 30 FLW D874 (Fla. 3rd DCA, March 30, 2005.  Cited in Unemployment Compensation: Misconduct Disqualifying An Employee From Collecting Benefits. 06/05
Rosado v. Vosilla, et. al., 30. FLW D2018 (Fla. 5th DCA, August 6, 2005.  Cited in Real Property: Failure to Confirm Address Dooms Claim 10/05
Royal Oak Landing Homeowners Assn., Inc. v. Pelletier, 620 So. 2d 786 (Fla. 4th DCA 1993) Cited in Dividing and Selling Does Not Equal Less Assessments. 4/94
Ruffing v. Kingswald E Cd'm Ass'n, Inc., 719 So.2d 951 (Fla. 4th DCA 1998).  Cited in Arbitration: More Line Drawing. 2/01
Sandlake Residences, LLC v. Ogilvie, 32 Fla. L. Weekly D739 (Fla. 5th DCA, March 16, 2007).  Cited in Real Property: Gate Can Stay Despite Easement. 5/07
Sanzare v. Varesi, 21 FLW D2101 (Fla. 4th DCA, September 25, 1996). Cited in Liability and Notice: When Does Notice Create Liability, Particularly For Dog Bites. and Bad Dog: No Free Bites. 11/96

4/02

Satran v. Martinez, 33 FLW D1425 (Fla. 5th DCA, May 30, 2008).  Cited in Arbitration: Show Up or Pay Up 7/08
Schultz v. La Costa Beach Club Resort Cdm Association, Inc., FL Division of Land Sales case No. 2003-08-3347 (Nov. 21, 2003).  Cited in Directors: How to Remove a Board Member From Office. 1/04
Scottsdale Insurance Co. v. Deerrun POA Inc., 642 So.2d 786 (Fla. 4th DCA 1994), Cited in Insurance: Insurers Are Not Liable for Everything. 10/94
School Board of Duval County Florida v. Florida Times Union, 21 FLW D500 (Fla. 1st DCA, February 20, 1996). Cited in Attorney-Client Meetings: Ensure Your Confidences are Protected. 4/96
Scutieri v. Miller, 17 FLW D2310 (Fla. 3rd DCA, 10/6/92) Cited in Corporate Officer Liability. 12/92
Seagate Cd'm Ass'n, Inc. v. Duffy, 22 So. 2d 484 (Fla. 4th DCA 1956).  Cited in Covenant Enforcement: Undermining Flexibility and Adaptability. 5/00
Secretary of Veterans Affairs v. Roma, 28 FLW D349 (Fla. 5th DCA, January 31, 2003).  Cited in Contracts: A Penny Saved May Be Pound Foolish. 3/03
Seelbinder v. County of Volusia, FLW D1281 (Fla. 5th DCA, May 31, 2002) 9/02
Sherry v. Regency Insurance Company,  29 FLW D1707 (Fla. 2nd DCA, July 23, 2004).  Cited in Torts: Who Pays When A Hose Bursts? 9/04
Shepheard v. Deutsche Bank Trust Company, 31 FLW D632 (Fla. 5th DCA, February 24, 2006).  Cited in Foreclosures: Searching For Absentee Owners. 5/06
Shields v. Andros Isle Property Owners Association, Inc., 29 FLW D1163 (Fla. 4th DCA, May 12, 2004).  Cited in Restrictive Covenants: The Right To Prohibit Signs Does Not Apply To The Inside of a Car! 6/04
Shurgard Income Properties Fund 16 v. Muns, 24FLW D2448 (Fla. 4th DCA Oct. 27, 1998).  Cited in Contracts: Read Before You Sign, Even Self Storage Leases. 1/00
Sinfort v. Food Lion, LLC, 30 FLW D1643 (Fla. 5th DCA, July 1, 2005).  Cited in Torts: Duty to Warn About Slippery Substances on the Floor. 8/05
Smith v. Grove Apartments, LLC, 32 Fla. L. Weekly D1997 (Fla. 3rd DCA, August 22, 2007).  Cited in Torts: Failure To Trim Trees May Lead To Liability Even If A Tenant Resorts To "Self Help". 10/07
Snyder v. Wernecke, 27 FLW D771 (Fla. 4th DCA, April 3, 2002).  Cited in Shoddy Construction: Yuck, Yuck ... It's Muck. 6/02
Sonny Boy, L.L.C. v. Asnami, 29 FLW D1278 (Fla 5th DCA, May 28, 2004)  Cited in Directors: No Liability Unless Conduct is Wilful. 8/04
Southern Bell Telephone and Telegraph Company v. Deason, 632 So. 2d 1377 (Fla. 1994) Cited in When are Communications Between the Corporation and its Attorney Privileged. 1/95
State Farm Fire and Casualty Company v. Metropolitan Dade County & Elias, 19 FLW D1164 (Fla. 1994) Cited in Insurance: Insurers Are Not Liable for Everything. 10/94
St. Lucie Falls Property Owners Association v. James Morelli, 32 Fla. L. Weekly D1443 (Fla. 4th DCA, June 6, 2007).  Cited in Workers' Compensation: When Is Immunity A Defense. 8/07
Storn v. The Town of Ponce Inlet, 2004 WL 19497 (Fla. 5th DCA, January 2, 2004).  Cited in Torts: City Not Responsible for Placing Incompetent Building Official In Position of Authority.  Also cited in Torts: City Has No Duty To Warn About Defects. 2/04

7/05

Suarez v. Gonzalez, 27 Fla. L. Weekly D104 (Fla. 4th DCA, January 2, 2002).  Cited in Independent Contractor: Liability for Negligent Hiring. 3/02
Starlite Diners, Inc. v. Oswalt, 27 FLW D1866 (Fla. 5th DCA, August 16, 2002) Cited in Sales Tax: No Deal Is Too Good To Be True. 10/02
State v. Garay, 797 So. 2d 591 (Fla. 2nd DCA, August 1, 2002) Cited in Torts: Improper Dumping Can Be Hazardous To Your Health As Well As Your Pocketbook 10/02
Strategic Resources Group, Inc. v. Knight -Ridder, Inc., 28 FLW D2119.   Cited in Contracts: Almost Does Count. 11/03
Taylor v. Ridge at the Bluffs Homeowners Association, Inc., 579 So. 2d 895 (Fla. 4th DCA 1991) Cited in Solar Energy Access. 7/92
Taylor v. Wennington Station Condominium Association, Inc., 633 So.2d 43, 19 FLW D249 (Fla. 4th DCA 1994). Cited in Director Liability: Officer Selection Requires Proper Judgment 4/97
Tiger Point Golf and Country Club v. Hipple, 33 FLW D33 (Fla. 1st DCA, December 20, 2007).  Cited in Punitive Damages: That's Outrageous!!! 2/08
Torre v. New Century Mortgage Corporation, 31 FLW D2210 (Fla. 3rd DCA, August 23, 2006).  Cited in Employment: Late for Work - Lose Your Benefits. 10/06
The Jupiter Hills Club, Inc. v. Brinsfield, 643 So.2d 710 (Fla. 4th DCA 1994) Cited in Clubbed in Submission. 4/95
Unemployment Appeals Commision, 29 FLW D462 (FLa. 5th DCA, February 20, 2004).  Cited in Unemployment COmpensation: When Foul Language Goes Too Far. 4/04
Union American Insurance Company v. Haitian Refugee Center, 28 FLW D2220 (Fla. 3rd DCA September 24, 2003).  Cited in Insurance:  The Importance of Reading the Fine Print to Know What Your Policy Covers. 12/03
U.S. Holdings, Inc. v. Belance, et al., 31 FLW D174 (Fla. 3rd DCA, January 11, 2006).  Cited in Worker's Compensation: The Owner Of A Building Is Not Immune From Liability. 3/06
University of Miami v. Frank, 31 FLW D222 (Fla. 3rd DCA, January 18, 2006). Cited in Contracts: Interpreting Words and Actions In Employment Contracts. 4/06
Vazquez v. Lago Grande Homeowners Association, 29 FLW D2751 (Fla. 3rd DCA, December 8, 2004).  Cited in Torts: Liability for Failure to Provide Security. 2/05
Vermut v. General Motors Corp., 733 So. 2d 126.   Cited in Releases: Pulling the Ripcord Without a Parachute? 5/01
Wadhams v. Board of County Commissioners, 561 So. 2d 414 (Fla. 1990) Cited in Dot Your I's and Cross Your T's. 11/95
Ward v. The 3900 Condominium Association, Inc., 21 FLW D828 (April 3, 1996). Cited in Unauthorized Partial Payments: Money in the Hand is So Enticing!. 6/97
Webster v. Ocean Reef Community Association, Inc., 33 FLW D2266 (Fla. 3rd DCA, September 24, 2008).  Cited in Covenant Enforcement: Keeping Property In The Family. 11/08
White v. Wal-Mart Stores, Inc., 30 FLW D2803 (Fla. 1st DCA, December 14, 2005).  Cited in Torts: Director and Manager Liability -- Do Not Let This Slip BY. 2/06
Whitley v. Royal Trials Property Owners' Association, Inc., 30 FLW D2207 (FLa. 5th DCA, September 16, 2005).  Cited in Restrictive Covenants: One Class Of Owners Cannot Amend Documents Without Consent of All Owners. 11/05
Wiggins v. Southern Mgmt. Corp. Cited in If I Testify Will I Be Fired. 6/94
Williams v. Davis, 32 FLW S745 (Fla. November 21, 2007).  Cited in Negligence: Overgrown Landscaping May Lead To Liability. 1/08
Whitt v. Silverman, 26 FLW S281 (Fla. May 3, 2001.  Cited in Torts: Liable? You are Not Even On My Property 7/01
Wilson v. Rex Quality Corporation, 28 FLW D828 (Fla. 2nd DCA, March 26, 2003).  Cited in Covenants: A Roes By Any Other Name ... Is Still a Truck. 5/03
Winselmann v. Reynolds, 22 FLW D578 (Fla. 3rd DCA, March 5, 1997). Cited in Trespass: Damages for Invading Common Areas 5/97
In the Matter of Wojcikewicz, DA 03-2971.  Cited in Antenna and Satellite Dishes - To Be Or Not To Be? 11/03
Woods v. Carpet Restorations, Inc. 611 So.2d 1303 (Fla. 4th DCA 1992) Cited in Condominium Association's Liability for Contractors Injured Employees. 5/93
Woods v. Carpet Restorations, Inc., 611 So.2d 1303 (Fla. 4th DCA 1992). Cited in Associations Liability for Contractors' injured Employees and Sub-Contractors: Part III. 8/97
Woodruff v. TRG-Harbour House, Ltd., 32 FLW D2169 (Fla. 3rd DCA, September 12, 2007).  Cited in Contracts: When Does Pressure To Sign Become Illegal Duress? 11/07
Woodside Village Cd'm. Ass'n, Inc. v. Jahrene, 25 FLW D876 (Fla. 2nd DCA April 5, 2000).  Cited in Covenant Enforcement: Undermining Flexibility and Adaptability; Legislative Update: Action and Reaction. 5/00
2/02
7/02
Wimberly v. Securities Technology Group, 29 FLW D421 (Fla. 4th DCA, February 18, 2004).  Cited in Disability Discrimination:  A Slight Limp Is Not A Disability. 4/04
Zerquera v. Centennial Homeowners' Ass'n, Inc., 25 FLW D409 (Fla. 3d DCA, February 16, 2000) Cited in Covenant Enforcement: Homeowners' Associations Fines Bare Teeth of Liens. 4/00
Zurla v. City of Daytona Beach,29 FLW D1277 (Fla. 5th DCA, May 28, 2004).  Cited in Constitutional Law: Ride, Do Not Walk, When Playing Golf. 8/04



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