40 Fla. L. Weekly D268a Dissolution of marriage — Alimony — Appeals — Timeliness — Husband’s appeal of award of durational alimony to wife was not timely where notice of appeal was filed more than 30 days after rendition of order — Time for filing notice of appeal commenced on date of original judgment, not […]
Archives for January 2015
Homeowners’ Insurance – Sinkhole – Knowledge of prior repairs for cracking damage as a material misrepresentation
40 Fla. L. Weekly D262c Insurance — Homeowners — Sinkhole claim — Rescission of policy — Misrepresentation of condition of home on applications for coverage — Error to enter summary judgment in favor of insurer based on insureds’ negative answer to question whether they had knowledge of any prior repairs made to any structures on […]
Abbey, Adams Obtains Summary Judgment Determining No Coverage Based on Family / Household Exclusion in Auto Liability Policy
Abbey, Adams obtained summary judgment in favor of an insurance carrier in a declaratory judgment action seeking a determination that automobile liability coverage was unavailable for a wrongful death action. The decedent was fatally injured in an automobile collision while riding as a passenger in his named insured, daughter’s leased automobile. The decedent was a […]
Homeowners’ Insurance – Sinkhole Claim – Breach of Policy – Duty to Cooperate
40 Fla. L. Weekly D209a Insurance — Homeowners — Sinkhole claim — Breach of contract action by insureds against insurer for failure to pay claim for sinkhole loss — Trial court erred in entering summary judgment for insurer on ground that no payment was due under “loss payment” provision of policy, and that insureds cannot […]
Wrongful Death — Automobile collision due to intersection design / construction defect — liability
40 Fla. L. Weekly D160a Wrongful death — Automobile accident — Intersection collision — Design and construction of intersection traffic signals — Designer’s liability — Under Slavin doctrine, liability of contractor is cut off after owner has accepted the work performed, if the alleged defect is a patent defect which the owner could have discovered […]