Archives for April 2015

40 Fla. L. Weekly D863a Wrongful death — Alcoholic beverages — Action against dram shop which served alcoholic beverages to decedent before he crashed his car, resulting in death — Error to enter summary judgment for defendant on basis that evidence did not establish that decedent was a habitual drunkard or the defendant served alcoholic Read More »

40 Fla. L. Weekly D862a Insurance — Homeowners — Insurable interest — Trial court erred in dismissing breach of contract action against insurer by insured’s assignee on ground that assignee did not have an insurable interest in the insured home at the time of loss — A post-loss assignee is not required to have an Read More »

40 Fla. L. Weekly S201a Torts — Negligent hiring and retention — Attorney’s fees — Proposal for settlement — Joint proposal for settlement by two defendants was invalid where it did not apportion the amount attributable to each offeror — It was error to award attorney’s fees to defendant pursuant to offer of judgment statute Read More »

40 Fla. L. Weekly D818a Attorney’s fees — Contracts — Prevailing party — In multiple-claim case, trial court abused its discretion in denying fees to prevailing party, restaurant buyers, on seller’s breach of contract claim where buyers did not prevail in fraudulent inducement counterclaim, reasoning incorrectly that “neither party prevailed” — Even though sellers prevailed Read More »

40 Fla. L. Weekly S199a Torts — Automobile accident — Attorney’s fees — Proposal for settlement — Proposal for settlement by one plaintiff which would resolve loss of consortium claim of offering plaintiff’s husband in addition to claim of offering plaintiff was a joint proposal, and was invalid because it did not apportion the amount Read More »