44 Fla. L. Weekly D2097a Torts — Dismissal — Fraud on the court — Trial court did not abuse discretion by dismissing plaintiff’s personal injury action for fraud on the court where plaintiff grossly misrepresented the nature and extent of her injuries, repudiated prior sworn testimony, and fabricated evidence VIRGINIA PINO, Appellant, v. CGH HOSPITAL, Read More »
Archives for August 2019
Wrongful death — Automobile accident — Collision with bicycle — Vicarious liability — Dangerous instrumentalities — Exceptions — Beneficial ownership — Father was not vicariously liable for injuries caused by son’s operation of vehicle where clear and unequivocal evidence established that father transferred his beneficial ownership in vehicle to son prior to accident and merely held “naked legal title” under a faulty incomplete transfer — 2009 amendment to section 319.22 did not abrogate common law and do away with beneficial ownership exception to dangerous instrumentality doctrine
44 Fla. L. Weekly D2085a Wrongful death — Automobile accident — Collision with bicycle — Vicarious liability — Dangerous instrumentalities — Exceptions — Beneficial ownership — Father was not vicariously liable for injuries caused by son’s operation of vehicle where clear and unequivocal evidence established that father transferred his beneficial ownership in vehicle to son Read More »
Insurance — Homeowners — Appraisal — Dismissal — Appeals — Non-final orders — Trial court erred in dismissing with prejudice insurer’s counterclaim for specific performance, in which insurer sought to enforce provisions of policy for appraisal and repair after loss, based on a failure to state a cause of action — While it may be more traditional for an insurer to move to compel appraisal to seek enforcement of policy provisions, this does not preclude an insurer from filing a counterclaim alleging that insurer is entitled to enforce provisions of insurance policy through specific performance — No error in dismissing portion of counterclaim seeking temporary injunction as counterclaim on its face did not allege irreparable harm
44 Fla. L. Weekly D2035a Insurance — Homeowners — Appraisal — Dismissal — Appeals — Non-final orders — Trial court erred in dismissing with prejudice insurer’s counterclaim for specific performance, in which insurer sought to enforce provisions of policy for appraisal and repair after loss, based on a failure to state a cause of action Read More »
Insurance — Homeowners — Res judicata — Where court granted summary judgment for insurer in insured’s initial breach of contract action, and appellate court affirmed, insured’s second action which was identical to first action, except that it alleged a greater amount of damages, was barred by res judicata — Intervening change in the law exception to res judicata was not applicable — Insured’s second lawsuit was not a supplemental claim where insured had undertaken no repairs to home
44 Fla. L. Weekly D2019b Insurance — Homeowners — Res judicata — Where court granted summary judgment for insurer in insured’s initial breach of contract action, and appellate court affirmed, insured’s second action which was identical to first action, except that it alleged a greater amount of damages, was barred by res judicata — Intervening Read More »
Attorney’s fees — Proposal for settlement — Trial court properly denied insurance company’s motion for attorney’s fees pursuant to joint proposals for settlement made to two plaintiffs where proposals provided that if either plaintiff accepted the proposal, she would agree to indemnify insurance company for attorney’s fees and costs, including any incurred from continuing litigation should the other plaintiff not settle — Proposals prevent plaintiffs from independently evaluating offer, and proposals would only cause further litigation
44 Fla. L. Weekly D2015b Attorney’s fees — Proposal for settlement — Trial court properly denied insurance company’s motion for attorney’s fees pursuant to joint proposals for settlement made to two plaintiffs where proposals provided that if either plaintiff accepted the proposal, she would agree to indemnify insurance company for attorney’s fees and costs, including Read More »
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