44 Fla. L. Weekly D2422a Insurance — Homeowners — Trial court did not abuse discretion in entering summary judgment for insurer — Absence of transcript prevents meaningful review of whether trial court abused discretion by striking insureds’ counter-affidavit at summary judgment hearing as untimely — Trial court did not abuse discretion by denying motion for Read More »
Archives for September 2019
Torts — Premises liability — Open and obvious danger — Uneven floor levels — Action arising out of injury suffered at skating rink which was allegedly caused by an improper and unmarked change in elevation between the skating rink floor and the building’s sub floor — No error in granting summary judgment in favor of defendant, as uneven floor levels in public places, by themselves, do not constitute latent, hidden, or dangerous conditions — Because the uneven floor level constituted an open and obvious danger, defendant had no duty to warn of the difference in floor levels — Dim lighting does not transform an otherwise obvious change in floor elevation into a latent danger
44 Fla. L. Weekly D2431a Torts — Premises liability — Open and obvious danger — Uneven floor levels — Action arising out of injury suffered at skating rink which was allegedly caused by an improper and unmarked change in elevation between the skating rink floor and the building’s sub floor — No error in granting Read More »
Dissolution of marriage — Child support — Income — When calculating child support, trial court erred in excluding from wife’s income automobile expenses paid by wife’s business
44 Fla. L. Weekly D2387a Dissolution of marriage — Child support — Income — When calculating child support, trial court erred in excluding from wife’s income automobile expenses paid by wife’s business CLAUDE MIKHAIL, Appellant, v. CHRISTINE MIKHAIL, Appellee. 2nd District. Case No. 2D18-2153. September 20, 2019. Appeal from the Circuit Court for Hillsborough County; Read More »
Consumer law — Deceptive and unfair trade practices — Civil procedure — Trial court erred in granting defendant’s post-trial motion to set aside verdict on ground that there was no evidence that defendant had engaged in unfair or deceptive acts or practices in the conduct of trade or commerce where that ground was not raised in defendant’s prior motion for directed verdict — Trial court also erred in granting defendant’s alternative motion for new trial — Verdict was not contrary to manifest weight of evidence — Because defendant failed to object to allegedly inconsistent verdicts on FDUTPA and negligence counts before jury was discharged, any such challenge was waived
44 Fla. L. Weekly D2385a Consumer law — Deceptive and unfair trade practices — Civil procedure — Trial court erred in granting defendant’s post-trial motion to set aside verdict on ground that there was no evidence that defendant had engaged in unfair or deceptive acts or practices in the conduct of trade or commerce where Read More »
Workers’ compensation — Settlement agreement — Enforceability — Appeals — Appellate court lacks jurisdiction to review order denying employer/carrier’s motion to enforce settlement agreement where order was not final, and did not fall within rule 9.180(b)(1)’s finite list of appealable nonfinal orders — Court rejects argument that serial nature of workers’ compensation cases requires that the term “final order” as used in rule 9.180 be given a modified meaning for purposes of the rule
44 Fla. L. Weekly D2373c Workers’ compensation — Settlement agreement — Enforceability — Appeals — Appellate court lacks jurisdiction to review order denying employer/carrier’s motion to enforce settlement agreement where order was not final, and did not fall within rule 9.180(b)(1)’s finite list of appealable nonfinal orders — Court rejects argument that serial nature of Read More »
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