MOOTNESS jurisprudence where judgment has been satisfied clarified, only question is whether this Court can grant effective relief, depends on facts, posture, relief requested… issue (who was driving?) remains, payment to medical providers does not render Court unable to grant [Read more…]
Autopsy/arrest/jail, child death, immunity
AUTOPSY/ARREST/IMPRISONMENT: Medical examiner statutorily immune from reporting that “manner of death” of child was homicide based on babysitter’s later recanted claim that she collapsed while he held her hand crossing the street when later investigation disclosed that she was run over by bus… public duty challenge not addressed… false arrest/imprisonment for deliberate homicide precluded by probable [Read more…]
Work comp privacy, criminal justice information
WORK COMP PRIVACY: Declaratory/injunctive relief/supervisory control of 1st Dist. judges as to ex parte dissemination [Read more…]
Insurance, fraudulent application, insurer verdict
INSURANCE: Fact issues as to whether applicant misrepresented apartment house as single-family precluded estopping insurer [Read more…]
Verdict, trial to determine MVA driver
VERDICT: Trial to determine driver in MVA in which insurer interpled $25,000 limits. [Read more…]
Procedure, appealability, “deemed denied” motion
PROCEDURE: Appeal of notice by Tucker on “deemed denied” motion to amend complaint premature for lack of final [Read more…]
Defense verdict, apartment building fire insurance
VERDICT: Burned apartment building owners’ claim of breach of insurance contract rejected over insurer’s claim of fraudulent application… insurer entitled to $119,726.84 on [Read more…]
Zoning, lighted artificial palm trees, LCD sign
ZONING: Planning Board had jurisdiction to require casino in “donut” to apply for CUP, abuse of discretion properly applied to decision… CUP was required based on change from primarily store to casino, signage reviewable for conformity with surrounding property… denial of lighted artificial palm trees consistent with Growth Policy’s western theme… [Read more…]
Mandamus, subdivision enforcement
MANDAMUS: Former property owner lacks standing to compel local government officials to enforce subdivision golf net requirements… claim also time-barred…Newman. [Read more…]
Libel/malicious prosecution, appraiser complaints
LIBEL/MALICIOUS PROSECUTION: Complaints against appraiser privileged communications made in official proceeding authorized by law and to proper authorities, immune from libel claim, summary judgment rather than jury determination proper… malicious prosecution claim [Read more…]