News from May 2019
Miami Beach strip club gets legal victory in efforts to challenge city regulations, ordinances
A Miami Beach nude strip club can proceed with lawsuit challenging the city of Miami Beach's regulations and ordinances, after a federal appeals panel reversed a federal judge's decision.
Miami real estate developer granted motion to stop his alleged mistress from seeking relief
Miami real estate developer Pedro Antonio Martin received a legal victory in his long-running litigation battles with his alleged mistress after a federal judge, who has presided throughout her case against Martin, granted his request to stop her from seeking any relief in the Florida Southern District.
Marco Island attorney faces suspension over mishandling divorce, other charges
Marco Island attorney Susan M. Bodden faces suspension following a May 3 Florida Supreme Court order after allegedly mishandling a client's divorce and other charges, according to a recent announcement by The Florida Bar.
Ocala attorney disbarred after allegedly abandoning practice
Suspended Ocala attorney John Ralph Borland has been disbarred following a May 2 Florida Supreme Court order over allegations he abandoned his law practice, according to a recent announcement by The Florida Bar.
Jacksonville attorney faces disbarment over allegations in multiple cases
Christopher M. Chestnut faces disbarment following a May 3 Florida Supreme Court order for allegations that included mishandling multiple cases, trust fund issues and other charges, according to a recent announcement by The Florida Bar.
Appeals court says IRS can proceed with injunction against Sarasota medical practice for unpaid taxes
The U.S. Court of Appeals for the 11th Circuit has overturned a ruling by the U.S. District Court for the Middle District of Florida, clearing the way for the Internal Revenue Service to proceed with an injunction against a Sarasota medical practice that has failed to pay federal employment taxes for nearly 10 years, despite facing IRS levies and liens.
Costco customer alleges he slipped on ice cream
FORT MYERS — A customer is suing Costco, alleging the store's negligence caused him to slip and fall on ice cream, although the defendant unsuccessfully sought a summary judgment.
Federal court denies bid for communications, sanction
OCALA — A federal court has denied in all respects a defendant’s motion for pre-suit communications and discovery as well as a plaintiff’s motion for production of exemplars and motion for sanctions.
Court denies protein company's motion to remand
TAMPA -- A forum selection clause in an agreement is too ambiguous, the U.S. District Court for the Middle District of Florida Tampa Division ruled April 17 as it denied a protein company’s motion to remand the case back to state court.
U.S. court rules against patient alleging sexual assault at Cape Coral Hospital
FORT MYERS — A Florida woman alleging she was the victim of a sexual assault while a patient at Lee Memorial's Cape Coral Hospital had her motion to conduct attorney led voir dire and to allow contemporaneous transmission testimony from her psychologist, struck down by a federal court.
Federal court tosses out discrimination complaint regarding towed car
FORT MYERS — A federal court has thrown out allegations by a Fort Myers man whose car was towed and allegedly called a racial epithet at a local hotel, causing him to claim civil rights violations and discrimination.
Federal court: Florida woman must amend product liability case against implant maker
FORT MYERS — A federal court has given a Florida woman leave to amend her product liability case against an implantable blood clot device maker after declaring her allegations fail to show specific violations committed by each defendant.
U.S. court rules against disabled gas station customer
FORT MYERS — A federal court has ruled a disabled Florida man's complaint that a Naples Marathon Gas Station had "physical barriers" and Americans with Disabilities Act (ADA) violations were not a "sufficient basis for judgment" while denying his motion for entry of judgment after default.
U.S. court rules against Fort Myers woman in insurance dispute
FORT MYERS — A Fort Myers woman's request for certification for interlocutory appeal has been denied by a federal court in her insurance dispute case against Travelers Insurance.
Florida appeal court reverses foreclosure dismissal as 'sanction' against New York bank
TALLAHASSEE (Florida Record) — A foreclosure action dismissed as a "sanction" against a bank for not obeying court orders is on its way back to Bay County after a state appeal court reversed the dismissal.
Florida man denied hearing in delinquent mortgage case
FORT MYERS — A Florida man whose home mortgage was turned over to debt collection services was denied his request for a hearing regarding his lawsuit that alleges violations of the Federal Fair Debt Collection Practices Act (FDCPA) and Florida's Consumer Collection Practices Act (FCCPA).
U.S. court rules against Fort Myers high school student who wanted 5th year of sports
FORT MYERS — A federal court has dismissed without prejudice a Fort Myers high school student's allegations of disability discrimination against the Florida High School Athletic Association as part of his ongoing legal battle to be allowed to continue to play high school sports for a fifth consecutive year due to his learning disability.
Homeless St. Augustine man wins injunction against St. Johns County sheriff
JACKSONVILLE — A federal court has enjoined the St. Johns County sheriff and the director of the Florida Highway Patrol from enforcing a Florida statute regarding solicitation on public streets against a St. Augustine homeless man who alleges violation of his First Amendment rights.
Court rules against South Florida woman's pregnancy discrimination allegations
MIAMI — A federal court has dismissed a case filed by a South Florida woman who alleged she was discriminated against and fired by a hair removal salon chain due to her pregnancy.
Florida dental implant company's case against San Diego dentist transferred to California court
MIAMI — A case involving a Florida dental implant services company's allegations that a San Diego dentist infringed its logo design has been transferred to the U.S. District Court for the Southern District of California.