43 Fla. L. Weekly D402b Top of Form Civil procedure — Discovery — Appeals — Certiorari — Trial court departed from essential requirements of law by determining that party’s agreement to “answer” discovery requests constituted express waiver of all privileges DAVID NEWMAN, Petitioner, v. GLENN HIRST and WERNER ENTERPRISES, INC., Respondents. 5th District. Case No. Read More »
Archives for February 2018
Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for attorney’s fees pursuant to offer of judgment statute on ground that insurer’s nominal proposal for settlement was not made in good faith — Insurer had a reasonable basis at the time of the proposal to conclude that its exposure was nominal
43 Fla. L. Weekly D395a Top of Form Insurance — Attorney’s fees — Proposal for settlement — Where trial court had entered summary judgment for insurer in insured’s action alleging breach of insurance contract on basis that claimed loss was not covered under policy, it was an abuse of discretion to deny insurer’s motion for Read More »
Attorney’s fees — Proposal for settlement — No error in denying motion for trial level attorney’s fees where motions were served more than 30 days after entry of judgment — Because award of appellate attorney’s fees was not dependent upon entitlement to trial level attorney fees, on remand trial court to determine entitlement to and, if appropriate, the amount of appellate attorney’s fees
43 Fla. L. Weekly D366a Attorney’s fees — Proposal for settlement — No error in denying motion for trial level attorney’s fees where motions were served more than 30 days after entry of judgment — Because award of appellate attorney’s fees was not dependent upon entitlement to trial level attorney fees, on remand trial court Read More »
Insurance — Attorney’s fees — Insured prevailing in action against insurer — Contingent fee multiplier — Trial court’s award of contingent fee multiplier without making a finding as to whether market required the multiplier was an error apparent on face of record, so that transcript of evidentiary hearing is not required for appellate court to reverse award and remand to trial court to consider issue anew
43 Fla. L. Weekly D353b Insurance — Attorney’s fees — Insured prevailing in action against insurer — Contingent fee multiplier — Trial court’s award of contingent fee multiplier without making a finding as to whether market required the multiplier was an error apparent on face of record, so that transcript of evidentiary hearing is not Read More »
Torts — Automobile accident — Damages — Trial court erred in denying plaintiff’s motion for additur as to past noneconomic damages where jury awarded nothing for past noneconomic damages, but evidence that plaintiff has suffered past pain and suffering in his shoulder as result of accident was undisputed
43 Fla. L. Weekly D353a Torts — Automobile accident — Damages — Trial court erred in denying plaintiff’s motion for additur as to past noneconomic damages where jury awarded nothing for past noneconomic damages, but evidence that plaintiff has suffered past pain and suffering in his shoulder as result of accident was undisputed JAGDEO SUKRAJ, Read More »