43 Fla. L. Weekly D2642a Torts — Joint and several liability — Limitation of actions — Trial court erred in applying joint and several liability to action arising from injury occurring in 2002, but not proceeding to trial until 2014, where 2011 amendment of section 768.81 made abolition of joint and several liability retroactive — Read More »
Archives for November 2018
Appeals — Jurisdiction — Wrongful death — Sovereign immunity — Order denying summary judgment on sovereign immunity grounds is not appealable where trial court did not expressly provide that it was determining, as matter of law, that party was not entitled to immunity
43 Fla. L. Weekly D2625b Appeals — Jurisdiction — Wrongful death — Sovereign immunity — Order denying summary judgment on sovereign immunity grounds is not appealable where trial court did not expressly provide that it was determining, as matter of law, that party was not entitled to immunity STATE OF FLORIDA DEPARTMENT OF CHILDREN AND Read More »
Torts — Civil theft — Default — Plaintiff’s civil theft claim was invalid — Defendant insurance adjuster did not obtain or use the property of plaintiff by depositing check naming defendant as a co-payee with plaintiff where agreement between parties provided that plaintiff agreed to assign its funds to defendant — Further, plaintiff’s demand letters to defendant were deficient because they requested more than the allowable amount of treble damages — Agreement which was submitted by plaintiff with complaint negated civil theft allegations — Trial court abused discretion in granting unliquidated treble damages on erroneously alleged civil theft claim
43 Fla. L. Weekly D2575a Torts — Civil theft — Default — Plaintiff’s civil theft claim was invalid — Defendant insurance adjuster did not obtain or use the property of plaintiff by depositing check naming defendant as a co-payee with plaintiff where agreement between parties provided that plaintiff agreed to assign its funds to defendant Read More »
Insurance — Homeowners — Property damage — Discovery — Trial court abused discretion by allowing insureds’ expert to give testimony regarding the cause of damage to insureds’ property which differed from his pre-trial deposition, based on expert’s post-discovery, mid-trial inspection of insureds’ property — Change in expert’s testimony was a surprise to insurer and resulted in prejudice
43 Fla. L. Weekly D2584a Insurance — Homeowners — Property damage — Discovery — Trial court abused discretion by allowing insureds’ expert to give testimony regarding the cause of damage to insureds’ property which differed from his pre-trial deposition, based on expert’s post-discovery, mid-trial inspection of insureds’ property — Change in expert’s testimony was a Read More »
Contracts — Unjust enrichment — Limitation of actions — Claim for unjust enrichment was barred by four-year statute of limitations where claim was not founded upon a written agreement — Attorney’s fees — Offer of judgment — Trial court erred in granting attorney fees based upon offer of judgment where offer sought to settle both equitable and monetary claims
43 Fla. L. Weekly D2587a Contracts — Unjust enrichment — Limitation of actions — Claim for unjust enrichment was barred by four-year statute of limitations where claim was not founded upon a written agreement — Attorney’s fees — Offer of judgment — Trial court erred in granting attorney fees based upon offer of judgment where Read More »
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