In the case of Aldo Gabriel Amenta Pozanco v. FJB 6501, Inc., Case Number 3D20-1734 (Fla. 3d DCA June 1, 2022), Florida’s First DCA reversed a summary judgment in favor of the defendant homeowner concluding that the owner had no duty to warn of a dangerous condition because...
In the case of People’s Trust Insurance Company v. Progressive Express Insurance Company, Case Number 3D19-1952 (Fla. 3rd DCA December 8, 2021), Florida’s Third DCA held that a mobile crane used to lift a shed was not covered under an automobile insurance policy while...
In the cases of Brent Dodgen v. Kaitlyn Grijalva, Case Number SC19-1118 (Fla. October 14, 2021) and Steven Younkin v. Nathan Blackwelder, Case Number SC19-385 (Fla. October 14, 2021), the Florida Supreme Court upheld the Worley decision and held that the financial relationship...
In the case of Linda Friedel v. Elizabeth Edwards, Case Number 2D20-2233 (Fla. 2d DCA September 29, 2021), Florida’s Second DCA held that a lawsuit against the defendant was not a legal nullity where the defendant passed away shortly before the lawsuit was filed. Relevant...
In the case of Estate of Sweeney v. Gloria Washington, Case Numbers 2D20-1848 and 2D20-2520 (Fla. 2d DCA September 3, 2021), Florida’s Second DCA held that calculations for the “net judgment” on a proposal for settlement only includes costs that would have been...
In the case of Samantha Elaine Tsuji v. H. Bart Fleet, Case Number 1D20-901 (Fla. 1st DCA August 4, 2021), Florida’s First DCA held that sections 733.702(5) and 733.710(1) of Florida’s Probate Code barred claims brought after more than 2 years after the...
In the case of Perry Hodges, Jr., et. al v. Aurora Cecelia Scarpati Ripalda, et. al, (Fla. 4th DCA March 24, 2021), Florida’s Fourth DCA held that a mid-air collision was a single occurrence and that only one policy limit applied to the aviation accident at the flight...
In SC20-1490 (December 31, 2020), the Florida Supreme Court amended the Florida Rules of Civil Procedure 1.510 to make it easier for judges to decide issues at a summary judgment hearing rather than a jury trial. The Old Rule v. The New Rule Fla. R. Civ. P. 1.510(c) (prior to...
In the case of Curtis Luckman v. Alfred Harris Wills, et al., Case Number 3D19-453 (Fla. 3rd DCA July 29, 2020), Florida’s Third DCA held that a hotel operating a complimentary golf cart had no duty after the passenger voluntarily disembarked. Facts of the Case Luckman...
In the case of Deon Williams v. Boyd-Panciera Family Funeral Care, Inc., Case Numbers 4D19-473 and 4D19-838, Florida’s Fourth DCA held that the parents of a deceased child had no claim for emotional distress after a funeral home lost the cremated remains of their child because...
In the case of Jerry Desvarieux v. Bridgestone Retail Operations, LLC, Case Number 3D17-2109 (Fla. 3rd DCA January 22, 2020), Florida’s Third DCA reversed a summary judgment in favor a Tires Plus Total Car Care and allowed the plaintiff to present evidence that he paid cash...
In the case of Patricia Webber v. Bactes Imaging Solutions, Inc. n/k/a Sharecare Health Data Services, LLC, Case Numbers 2D18-2964 and 2D18-4813 (Fla. 2d DCA January 15, 2020), Florida’s Second DCA held that overcharging for patient records just because the request for records...
In the case of Kelly Mitchell v. Applebee’s Services, Inc., Case Number 1D18-2555 (Fla. 1st DCA October 1, 2019), Florida’s First DCA held that an amendment after the expiration of the statute of limitations that introduces a new element to the same cause of action...
In the case of Maureen Stoyka v. Mary Grecz, Michael Grecz, The Tides at Bridgeside Square Condominium, and Dag M. Hansson, Case Number 4D19-1607 (Fla. 4th DCA October 2, 2019), Florida’s Fourth DCA reiterated that a defendant’s medical records in a personal injury case...
In the case of KT v. Royal Caribbean Cruises, LTD., the Eleventh Circuit Court of Appeals held that cruise ship operators have a duty to monitor and regulate the behaviors of their passengers, particularly where minors are involved. Facts KT was a minor. She was served...
In the case of Safepoint Insurance Company v. Shanika Brown and Juanita Reid, Case Number 3D18-347 (Fla. 3rd DCA August 7, 2019), Florida’s Third DCA held that a proposal for settlement requiring the settling plaintiff to indemnify the defense for attorney fees and costs...
In the case of Leonirez Heredia v. John Beach Associates, Inc., et al., Case Number 2D18-4127 (Fla. 2d DCA July 24, 2019), Florida’s Second DCA held that there was no horizontal privity for purposes of workers compensation immunity when the general contractor is the owner of...
In the case of Gurin Gold, LLC, et. al v. Charles Dixon, Case number 4D18-2156 (Fla. 4th DCA 2019), Florida’s Fourth DCA excluded the opinion of a doctor who reviewed MRI’s during trial for the first time and formed new opinions, long after the expiration of expert...
In the case of Lazaro Fresnedo v. Porky’s Gym III, Inc., Case Number 3D17-1126 (Fla. 3rd DCA April 24, 2019), Florida’s Third DCA held that the pre-injury waiver and release form was not “clear and unequivocal” and was, therefore, void. Underlying...
In the case of Jessica Conti v. James Auchter and Ashlee Auchter, Case Number 5D18-696 (Fla. 5th DCA March 15, 2019), Florida’s Fifth DCA held that losing on a proposal for settlement for the wife’s consortium claim results in a sanction for attorney fees and costs for...
