Scott N. Wagner

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Think your Cellphone Usage is Private? Think Again

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court issued an opinion permitting prosecutors to obtain records from mobile carriers—without a search warrant—allowing the tracking of … Continue Reading

Court of Appeal Reaffirms Ruling Making Condominium Association Foreclosures More Costly

Last week, the Florida Third District Court of Appeal dealt the final blow to an often-used strategy by condominium associations. In the second iteration of Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D13-1437, the Third DCA confirmed its prior ruling that a third-party purchaser who takes title to a condominium unit … Continue Reading

Florida Adopts More Stringent Standard for Expert Witnesses

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony.  The new rule, enacted by House Bill 7015, will subject experts and their opinions to greater scrutiny before being presented to a jury. Coincidentally, passage of House Bill 7015 came at a time when the … Continue Reading

Court of Appeal Makes Condominium Association Foreclosures More Costly

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales.  The Third District’s opinion in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D11-2545 (Fla. 3d DCA 2013), absolves third-party purchasers of responsibility for a prior owner’s  past-due maintenance, … Continue Reading
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