Alfred J. Horowitz

The case involved Red Reef, Inc., which obtained a damages judgment against Ocean One North, Inc. for breaching a commercial lease, after the corporation sold its building and distributed the proceeds to its owners, the Willises and Giacomino; the Willises used part of their share to pay off the mortgage on their homestead. Red Reef then sued the individuals, alleging fraudulent transfers under Florida statutes. The trial court found the transfers violated the Fraudulent Transfer Act and imposed an equitable lien on the homestead for the mortgage payoff amount. On appeal, the court affirmed the fraudulent transfer findings, supported by evidence of pending claims against the corporation at the time of the distributions, but reversed the equitable lien, holding that Florida's homestead exemption under article X, section 4 protects the property absent use of fraudulently obtained funds to acquire or improve it, per Havoco precedent. The case was remanded to add prejudgment and post-judgment interest provisions to the judgment.

business & regulatorypropertyprocedure

This case involved a wrongful death lawsuit brought by the estate of a 14-year-old boy who died in an ATV accident at a commercial motor sports park after his father signed a pre-injury release and waiver of liability as his natural guardian. The trial court granted summary judgment to the defendants, finding the release enforceable and barring the claim. The Fourth District Court of Appeal reversed, holding that a parent lacks authority to bind a minor's estate by executing such a release. The court reasoned that while parents may generally decide on their children's activities without interference, the release forfeits the child's property right to pursue tort claims for negligence, an action not authorized by statute or supported by Florida precedent on parental authority or parens patriae doctrine. The court certified conflict with another district court decision and a question of great public importance to the Florida Supreme Court.

torts & liabilityfamily law

In Jacobs v. State, the defendant was convicted of manslaughter with a firearm after shooting his wife, with the defense centering on insanity triggered by discovering her alleged fabricated 911 call claiming abuse amid an affair. The trial court excluded evidence including phone records of calls between the victim and her lover, an IOU note, and records of joint accounts they opened, ruling it irrelevant to insanity and cumulative. The appellate court reversed the conviction and remanded for a new trial, holding that the trial court abused its discretion because the evidence was relevant to support the defense theory that the victim lied in the 911 call, which helped explain the defendant's state of mind and psychotic break, and was neither cumulative nor remote. The court noted that evidence tending to create reasonable doubt or support a defense theory should be admitted.

criminal lawprocedure

The case involved a dispute between J. Lynn Construction, a roofing contractor, and The Fairways at Boca Golf & Tennis Condominium Association over a construction contract that required the contractor to obtain a performance bond. After difficulties in securing the bond, the parties' attorneys negotiated and the association's counsel sent a letter agreeing to accept a personal guaranty from the contractor's president and a modified payment schedule instead. The trial court granted summary judgment to the association, finding that the contract's requirement for written modifications signed by both parties could not be altered. The appellate court reversed, holding that written contracts can be modified by subsequent oral agreements or conduct even if the contract prohibits such modifications, and that evidence of such modifications should have been considered, creating issues of material fact.

business & regulatoryprocedure

The case involved a claim by the Kirkells against Collins Moving & Storage for damage to and loss of household goods shipped interstate, brought under the Carmack Amendment to the Interstate Commerce Act, which resulted in a jury verdict of $64,031. The trial court awarded pre- and post-judgment interest at Florida statutory rates and $120,000 in attorney's fees under 49 U.S.C. § 14708 due to Collins's failure to disclose arbitration rights. On appeal, the court affirmed the post-judgment interest award but reversed the attorney's fees, holding that 28 U.S.C. § 1961 does not apply to state-court judgments and that § 14708 fees are available only when a party has invoked the statute's arbitration procedures, which did not occur here. The court reasoned that the Carmack Amendment preempts state law on carrier liability but leaves room for state rules on interest in this context and requires actual use of the federal dispute-resolution process for fee shifting.

business & regulatoryfederal powerprocedure