Archives for January 2015

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 Read More »

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 Read More »

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 Read More »

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 Read More »

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 Read More »