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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
Litigation NOT "Roger Dalton"
"Steven Andrews" AND Litigation NOT Florida
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Joinder of additional defendants affirmed where additional defendants were not prejudiced by untimeliness of joinder motion and where statute of limitation on crossclaims for indemnification had not yet begun to run since the obligation to pay damages to a third-party, triggering indemnification, had not yet arisen. Judgment affirmed.
Discovery order directing trustee to produce unredacted attorney invoices incurred during trust administration/accounting not appealable as collateral order where invoices necessary for trust beneficiaries to redress breaches and therefore unprotected by attorney-client privilege or work product doctrine. Appeal quashed.
A tenant's claims against a landlord were barred by res judicata, because he previously raised or should have raised those claims in prior proceedings between the parties. Additionally, the tenant's notice of appeal was untimely, and he failed to adequately allege any viable claim for relief.
The court properly rejected a party's exceptions to the proposed distribution of proceeds from a sheriff's sale where that party had an alternate remedy in the form of a writ of scire facias which it failed to exercise.
An insurer acted in bad faith where it defended a claim, but intended to later avoid payment based on an endorsement. The court awarded compensatory damages, attorney fees and punitive damages.
Petitioners lacked standing to challenge the election of party committeepersons, because petitioners were not entitled to vote in any of the divisions where those individuals were elected, and their challenge was procedurally improper.
Defendants unable to compel arbitration where agreement also included forum selection clause placing exclusive jurisdiction in Delaware courts, and where defendants were not party to or agents of a party to another agreement containing exclusive arbitration clause.
A party failed to demonstrate any harm from a judge's failure to disqualify herself due to a conflict of interest, so the motion for relief from the judgment was properly denied.
Department did not err in disallowing petitioner's billing practice that billed the department for Part B copays as "other medical expenses" because federal and state law prohibited the practice. Affirmed.
District court erred in granting class certification by resolving doubts in favor of certification and where plaintiffs failed to present sufficient concrete evidence of class numerosity or commonality. Order of the district court reversed, case remanded.