CAROL Y. MCNAIR, APPELLANT,
v.
EDGAR DAFFIN, COVE HOMES, AND COVE HOMES, INC. AND RUTH AUSTIN AND WILLIE SANDERS, APPELLEES
CAROL Y. MCNAIR, APPELLANT,
EDGAR DAFFIN, COVE HOMES, AND COVE HOMES, INC. AND RUTH AUSTIN AND WILLIE SANDERS, APPELLEES
997 So. 2d 1117
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of May 7, 2008, the Court has determined that the appellant has failed to demonstrate that the April 28, 2008, notice of appeal timely invoked the Court’s jurisdiction to review the Summary Final Judgment. Specifically, because the appellant’s March 18, 2008, motion contains no certificate of service, the Court is unable to determine whether the motion was timely served pursuant to Florida Rule of Civil Procedure 1.530(b). Consequently, it is unclear whether the motion delayed rendition of the underlying final order. Fla. R.App. P. 9.020(h). Accordingly, the appeal is hereby dismissed.
DISMISSED.
BARFIELD, WEBSTER, and HAWKES, JJ., concur.
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Moriber v. Dreiling, 95 So. 3d 449 (Fla. 3d DCA 2012)…rotected, either by privilege or confidentiality; and (2) there is a “possibility” that the receiving party has obtained an “unfair” “informational advantage” as a result of the inadvertent disclosure. See Atlas Air, Inc. v. Greenberg Traurig, P.A., 997 So. 2d 1117, 1118 (Fla. 3d DCA 2008); Abamar II, 724 So. 2d at 573-74. These two elements are, of course, interrelated, because only the inadvertent disclosure of privileged or confidential information can yield an “unfair” “informational advantage.” However, t…
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Castellano v. Winthrop, 27 So. 3d 134 (Fla. 5th DCA 2010)…d be resorted to sparingly, disqualification is appropriate where a party obtains an unfair informational or tactical advantage through the disclosure of privileged information to that party’s counsel. See Atlas Air, Inc. v. Greenberg Traurig, P.A., 997 So. 2d 1117 (Fla. 3d DCA 2008); Abamar Housing & Dev., Inc. v. Lisa Daly Lady Decor, Inc., 724 So. 2d 572 (Fla. 3d DCA 1998); Double T Corp. v. Jalis Dev., Inc., 682 So. 2d 1160 (Fla. 5th DCA 1996); Gen. Accident Ins. Co. v. Borg-Warner Acceptance Corp., 483 So…
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Constr. Sys. OF Am., Inc. v. Travelers Cas. & Sur. Co. OF Am., 118 So. 3d 942 (Fla. 3d DCA 2013)…ither by privilege or confidentiality” and that “there is a ‘possibility’ that the receiving party has obtained an ‘unfair’ ‘informational advantage’ as a result of the inadvertent disclosure.” Id. (citing Atlas Air, Inc. v. Greenberg Traurig, P.A., 997 So. 2d 1117, 1118 (Fla. 3d DCA 2008), and Abamar Hous. & Dev., Inc. v. Lisa Daly Lady Decor, Inc. (Abamar II), 724 So. 2d 572, 573-74 (Fla. 3d DCA 1998)). Although the magistrate’s report and recommendation pre-dates Moriber, it ignores the then-existing standa…