Abbey Adams Logo

Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Bruce D. Burk
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
    • Steven A. Ochsner
    • Alexis C. Upton
  • Blog
  • Links
  • Contact Us

Archives for February 2021

February 4, 2021 by Jennifer Kennedy

Torts — Damages — Setoff — Discovery — Settlement agreements — Appeals — Certiorari — Petition seeking review of order denying discovery of plaintiff’s settlements with other defendants, asserting that denial wholly eviscerates defendant’s affirmative defense of setoff — Petition dismissed for lack of jurisdiction where defendant has failed to make a threshold showing of harm irremediable on appeal

46 Fla. L. Weekly D294a AMERICAN PRIME TITLE SERVICES, LLC, Petitioner, v. ZHI WANG, et al., Respondents. 3rd District. Case No. 3D20-1153. L.T. Case No. 19-4213. February 3, 2021. On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Veronica A. Diaz, Judge. Counsel: Waugh Law, P.A., and Morgan L. Fayocavitz, and Read More »

Filed Under: Uncategorized

February 4, 2021 by Jennifer Kennedy

Insurance — Fire — Appeals — Certiorari — Order granting partial summary judgment in favor of insured and directing insurer to pay insured a specified sum for fire damage to his house within 10 days of date of order was departure from essential requirements of law, resulting in irreparable harm, where factually related claims remained unresolved — Portions of order requiring payment prior to entry of final judgment quashed

46 Fla. L. Weekly D287a PEOPLE’S TRUST INSURANCE COMPANY, Petitioner, v. ENRIQUE GONZALEZ, Respondent. 3rd District. Case No. 3D20-923. L.T. Case No. 19-7413. Opinion filed February 3, 2021. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Cole Scott & Kissane, P.A., and David C. Borucke (Tampa), for petitioner. Read More »

Filed Under: Uncategorized

February 4, 2021 by Jennifer Kennedy

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 »

Filed Under: Uncategorized

February 4, 2021 by Jennifer Kennedy

Insurance — Homeowners — Post-loss obligations — Summary judgment — Supporting affidavits — Error to grant summary judgment in favor of insurer on insureds’ breach of insurance contract claim — Because affidavit of corporate representative insurer relied upon did not comply with rule 1.510(e), affidavit was legally insufficient to support entry of summary judgment in insurer’s favor — Although rule was referenced in the affidavit, affiant did not attest that she had personal knowledge and failed to affirmatively show that she was competent to testify to matters asserted in the affidavit such as insureds’ failure to mitigate, submit a valid sworn proof of loss, or sit for an examination under oath

46 Fla. L. Weekly D259a DAVID EVERETT and PATRICIA EVERETT, Appellants, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D19-1563. January 29, 2021. Appeal from the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge. Counsel: Michael E. Lanier, Jacksonville (withdrawn); Grant H. Gibson, St. Augustine (substituted as counsel of record), Read More »

Filed Under: Uncategorized

Primary Sidebar

Blog Archives

  • February 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2021 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982