Thursday, June 28, 2012

Supreme Court's Health Care Opinion & "Who Joined What"

The opinion is below. If you are reading the opinion, here is a guide:

  • 1-6: Syllabus;
  • 7-21: Chief Justice Roberts joined by Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan  (labeled pages 1-15 in the opinion);
  • 22-38: Chief Justice Roberts alone (labeled pages 16-32 in the opinion);

  • 39-50: Chief Justice Roberts joined by Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan  (labeled pages 33-44 in the opinion);
  • 50-51: Chief Justice Roberts alone (labeled pages 44-45 in the opinion);
  • 51-65: Chief Justice Roberts joined by Justice Breyer and Justice Kagan (labeled pages 45-59 in the opinion);

  • 66-103: Justice Ginsburg joined by Justice Breyer, Justice Kagan, and Justice Sotomayor;
  • 103-126: Justice Ginsburg joined by Justice Sotomayor;
  • 127-191: Justice Scalia, Justice Kennedy, Justice Thomas, and Justice Alito; and
  • 191-192: Justice Thomas dissenting.

All of the page numbers refer to the page number in the .pdf and the red page numbers are clearly added by me.
HCA Opinion 11-393c3a2

Wednesday, June 27, 2012

Party Can Reserve Right To Sue Co-Tortfeasors In Release

In Vanalstine v. Palms West Hospital, L.P. (4D10-4850), the trial court entered judgment in favor of the defendants because it concluded language in the plaintiff's release of other persons waived the right to recover from the remaining defendants. The Fourth District disagreed and reversed the judgment because the release "'expressly reserved' the right to pursue causes of action against the medical providers for the damages resulting from their negligence when they settled with the pharmacy and pharmacist.

Friday, June 22, 2012

Fifth District Explains (Again) What Is Needed To Obtain Foreclosure Judgment

In Richards v. HSBC Bank USA as Trustee for PHH 2007 (5D10-3895), the Fifth District reversed a foreclosure judgment and succinctly stated what is needed to prevail in a mortgage foreclosure action. The court stated:

The proper party with standing to foreclose a note and mortgage is the holder of the note and mortgage or the holder’s representative. See Gee v. U.S. Bank Nat’l Ass’n, 72 So. 3d 211, 213 (Fla. 5th DCA 2011). Thus, the party seeking foreclosure must present evidence that it holds the note and mortgage in question in order to proceed with its foreclosure action. Id. A plaintiff must tender the original promissory note to the trial court or seek to reestablish the note under section 673.3091, Florida Statutes (2010). Id. If the note does not name the plaintiff as the payee, the note must bear an endorsement in favor of the plaintiff or a blank endorsement. Id. Alternatively, the plaintiff may submit evidence of an assignment from the payee to the plaintiff or an affidavit of ownership to prove its status as a holder of the note. Id.

In this case, the note was specifically indorsed to an entity other than HSBC and the relationship between that entity and HSBC was not explained. Therefore, summary judgment was not proper.