46 Fla. L. Weekly D232a ACE FUNDING SOURCE, LLC, Appellant, v. A1 TRANSPORTATION NETWORK, INC., Appellee. 3rd District. Case No. 3D20-1292. L.T. Case No. 19-24688. Opinion filed January 27, 2021. An Appeal from non-final orders from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Counsel: The Law Offices of Steven Zakharyayev and Steven Zakharyayev Read More »
Archives for January 2021
Wrongful death — Evidence — Hearsay — Where decedent was killed when a tractor-trailer backed over him, and there were issues as to whether driver honked his horn before backing up, and if he did, why decedent did not hear the horn and move to a safe position, it was error to admit the deposition of a police detective who testified that another officer told him that decedent had an earbud in his ear when lying on the ground after the accident — Testimony constituted inadmissible hearsay — Error was not harmless
46 Fla. L. Weekly D233b GAIL JOHNSON DAYES, etc., Appellant, v. WERNER ENTERPRISES, INC., et al., Appellees. 3rd District. Case No. 3D19-1920. L.T. Case No. 17-18241. January 27, 2021. An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge. Counsel: Falk, Waas, Hernandez & Solomon, P.A., and Glenn P. Falk; Russo Appellate Firm, Read More »
Torts — Automobile accident — Discovery — Non-parties — Financial information — Amount of money paid by defendants’ counsel and counsel’s law firm to retained trial experts over past three years — Certiorari relief from discovery order denied — Question certified whether the analysis and decision in Worley v. Cent. Fla. Young Men’s Christian Ass’n. should also apply to preclude a defense law firm that is not a party to the litigation from having to disclose its financial relationship with experts that it retains for purposes of litigation including those that perform compulsory medical examinations under Florida Rule of Civil Procedure 1.360?
46 Fla. L. Weekly D225a GLENDA E. KENT AND SCOTT GEORGE WALSH, Petitioners, v. LEIDY A. DIAZ-NAVEDO, Respondent. 5th District. Case No. 5D20-1759. January 22, 2021. Petition for Certiorari Review of Order from the Circuit Court for Orange County, Chad K. Alvaro, Judge. Counsel: Kansas R. Gooden, of Boyd & Jenerette, P.A., Boca Raton, for Read More »
Torts — Negligence — New trial — Trial court erred in granting a new trial without finding that jury’s verdict was against the manifest weight of the evidence as to causation — Remand for reinstatement of jury’s verdict where trial court had previously been given opportunity by appellate court to make the necessary finding but did not do so
46 Fla. L. Weekly D194a FRED MEYERS and NINIBETH MEYERS, Appellants, v. BONNEVA SHONTZ, Appellee. 2nd District. Case No. 2D19-1294. Opinion filed January 20, 2021. Appeal from the Circuit Court for Pinellas County; Pamela A.M. Campbell, Judge. Counsel: Elizabeth C. Wheeler of Elizabeth C. Wheeler, P.A., Orlando, for Appellants. Robert W. Hitchens of Hitchens & Read More »
Insurance — Homeowners — Water damage — Post-loss obligations — Sworn proof of loss — Insurer did not waive affirmative defense of failure of insured to comply with post-loss obligations by issuing payment to insured — In order for there to be total forfeiture of coverage under homeowner’s insurance policy for failure to comply with post-loss obligations, insured’s breach must be material — If material breach is established, burden shifts to insured to show that any breach did not prejudice insurer — Final judgment in favor of insured reversed — Remand for parties to present their cases under framework established in American Integrity Ins. Co. v. Estrada
46 Fla. L. Weekly D201b UNIVERSAL PROPERTY & CASUALTY INS. CO., Appellant, v. MONIKA HORNE, Appellee. 3rd District. Case No. 3D19-1550. L.T. Case No. 17-5020. January 20, 2021. An Appeal from the Circuit Court for Miami-Dade County, John W. Thornton, Jr., Judge. Counsel: Russo Appellate Firm P.A., and Paulo R. Lima, and Elizabeth K. Russo, Read More »