48 Fla. L. Weekly D152b PEDRO NAVARRO, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 3rd District. Case No. 3D22-0032. L.T. Case No. 20-14830. January 18, 2023. An appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Counsel: Giasi Law, P.A., Melissa A. Giasi, and Erin M. Berger (Tampa), for appellant. Franklin Legal Read More »
Articles
Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights
48 Fla. L. Weekly D168b PROGRESSIVE SELECT INSURANCE COMPANY f/k/a PROGRESSIVE AUTO PRO INSURANCE COMPANY, Appellant, v. JANELLE OBER, Appellee. 4th District. Case No. 4D22-1134. January 18, 2023. Appeal of non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE09-003236. Counsel: Kristen M. Fiore Read More »
Consumer law — Deceptive and Unfair Trade Practices — Proposal for settlement — Attorney’s fees — Costs — Prevailing party — Where partial summary judgment as to liability was granted in favor of plaintiff, but jury awarded no damages, it was not an abuse of discretion for trial court to deny defendant’s request for attorney’s fees as a prevailing party on Florida Deceptive and Unfair Trade Practices Act claim — No error in denying fees and costs under proposals for settlement presented to trial court — None of the proposals proffered satisfied strict requirements of section 768.79 and rule 1.442 where proposals required plaintiff to execute a release but failed to describe release with sufficient detail, contained ambiguity as to punitive damages, and required payment from date of settlement without defining such date — Error to deny request for costs under section 57.041 — A zero judgment constitutes a judgment in favor of the defendant for purposes of recovery of costs under the statute
48 Fla. L. Weekly D156a VIRGINIA HADAD GONZALEZ, Appellant, v. MILLIN A. NOBREGAS, Appellee. 3rd District. Case No. 3D21-1826. L.T. Case No. 11-5755. January 18, 2023. An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge. Counsel: J. Muir & Associates, P.A., and Jane W. Muir, for appellant. Wasson & Associates, Chartered, and Read More »
Torts — Premises liability — Slip and fall — Discovery — Relevance — Appeals — Certiorari — Order requiring defendant’s corporate representative to address areas of inquiry related to defendant’s corporate-wide operations is quashed — Allowing corporate-wide discovery amounted to carte blanche discovery that results in irreparable harm and departs from essential requirements of the law — Information is not discoverable based on its relevance to show negligent mode of operation because, under section 768.0755, negligent mode of operation is not a viable theory of recovery in slip-and-fall cases
48 Fla. L. Weekly D192a PUBLIX SUPER MARKETS, INC., Petitioner, v. ERNESTO BLANCO, Respondent. 3rd District. Case No. 3D22-0852. L.T. Case No. 20-27601. January 25, 2023. A Writ of Certiorari to the Circuit Court for Miami-Dade County, William Thomas, Judge. Counsel: Weiss Serota Helfman Cole & Bierman, P.L., and Edward G. Guedes, for petitioner. Morgan Read More »
Insurance — Uninsured motorist — Bad faith — Complaint — Amendment — Addition of claim for punitive damages — Action alleging that insurer violated law by issuing policies without a written rejection form and by accepting verbal rejections of UM coverage — Error to grant insured’s motion for leave to add punitive damages claim where insured failed to provide reasonable basis to find that insurer’s acts occurred with such frequency as to indicate a general business practice, and were willful, wanton, and malicious and in reckless disregard for insured’s rights
48 Fla. L. Weekly D168b PROGRESSIVE SELECT INSURANCE COMPANY f/k/a PROGRESSIVE AUTO PRO INSURANCE COMPANY, Appellant, v. JANELLE OBER, Appellee. 4th District. Case No. 4D22-1134. January 18, 2023. Appeal of non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE09-003236. Counsel: Kristen M. Fiore Read More »