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SERVICE OF A NOTICE OF INTENT TO INITIATE LITIGATION PRIOR TO THE EXPIRATION OF THE STATUTE OF LIMITATIONS, IS SUFFICIENT.

PARTIES’ FILING OF A CERTIORARI PETITION....

...CHALLENGING AN INTERLOCUTORY DISCOVERY ORDER DOES NOT DIVEST THE TRIAL COURT OF JURISDICTION

Consumer law -- Debt collection

Florida Consumer Collection Practices Act -- Affirmative defenses alleging that FCCPA violation is compulsory counterclaim in foreclosure case, that FCCPA complaint

Criminal law -- Driving under influence

Evidence -- Breath test -- Inspection and maintenance of breath testing instrument -- Result of breath test administered on breath testing instrument which was found in compliance on a monthly agency inspection performed five days earlier is admissible,

Landlord-tenant -- Attorney's fees

Prevailing party -- Defendant entitled to reasonable attorney's fees and costs following court's order determining rent, disbursing funds from court registry, and dismissing complaint,

AN ORDER FINDING ENTITLEMENT TO FEES BUT NOT DETERMINING AMOUNT, IS A NONFINAL

While this certiorari petition was pending, the parties sought to relinquish jurisdiction to have the trial court enter an amended order. The court declined to adjudicate the parties’ motion to relinquish jurisdiction because it stated the motion was unnecessary.

Consumer law -- Debt collection

Florida Consumer Collection Practices Act -- Affirmative defenses alleging that FCCPA violation is compulsory counterclaim in foreclosure case, that FCCPA complaint should be barred for failure to plead

Insurance -- Liability -- Coverage -- Declaratory judgment

Plaintiff who was not listed as either named insured or additional insured in policies attached to first amended complaint and who failed to allege facts which could qualify the plaintiff as an insured or additional insured under express written language of policies...

Garnishment -- Bank accounts -- Exemptions -- Head of family

Commingling of earnings with other funds does not by itself defeat ability of head of family to trace earnings -- Applying “first-in-first-out” test as method of tracing commingled funds and the general rule that exemption statutes are to be construed in favor of debtors, debtors are entitled to dissolution of writ of garnishment

Eminent domain -- Costs -- Expert witness fees

Notwithstanding absence of opposing expert, business owners properly retained expert accounting firm to provide analysis and computation regarding business damages -- Hourly rate established -- Time spent

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Marco Island Office

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651 South Collier Blvd., Suite 2H
Marco Island, FL 34145
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Naples Office

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4280 Tamiami Trail East, Suite 302-J 
Naples, FL 34112
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