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

Archives for February 2021

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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 »

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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 »

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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 »

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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 »