46 Fla. L. Weekly D1258a TALLAHASSEE MEDICAL CENTER, INC. d/b/a Capital Regional Medical Center, Appellant, v. STEPHANIE KEMP, Appellee. 1st District. Case No. 1D19-2437. June 1, 2021. On appeal from the Circuit Court for Leon County. Charles W. Dodson, Judge. Counsel: Daniel Nordby and Amber Stoner Nunnally of Shutts & Bowen LLP, Tallahassee, for Appellant. Read More »
Articles
Torts — Automobile accident — Rear-end collision — Evidence — Surveillance video — Discovery — Failure to comply — Trial court abused its discretion in allowing introduction of surveillance video and testimony of investigator who recorded video where neither video nor investigator were disclosed to defendant until three business days prior to trial — New trial required where trial court admitted evidence without considering and analyzing factors set forth by supreme court in Binger v. King Pest Control and without making appropriate findings, including whether plaintiff was prejudiced by late disclosure
46 Fla. L. Weekly D1304b ANGEL MONTERO, Appellant, v. RAUL CORZO, et al., Appellees. 3rd District. Case No. 3D20-406. L.T. Case No. 17-104. June 2, 2021. An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge. Counsel: Fischer Redavid PLLC, and Jordan S. Redavid (Hollywood), for appellant. Walton Lantaff Schroeder & Carson LLP, Read More »
Insurance — Appraisal — Waiver — Participation in litigation — Motion for a more definitive statement — Trial court erred in denying insurer’s motion to compel appraisal based on conclusion that insurer had waived its right to compel an appraisal by actively litigating the case — Insurer’s filing of a motion for more definitive statement and a motion to dismiss did not constitute participation in litigation so as to be inconsistent with insurer’s right to compel appraisal — Discussion of motions for a more definitive statement and when they are appropriate — Insurer was entirely justified in filing motion for more definitive statement before filing an answer where complaint was so ambiguous that insurer could not have reasonably been required to prepare a responsive pleading — Nothing in the record establishes that insurer knowingly waived or engaged in conduct that implies it knowingly waived its right to appraisal — Record reflected deliberate action to evaluate the nature of the claims and then invoke appraisal at the first reasonable opportunity
46 Fla. L. Weekly D1255a CASTLE KEY INSURANCE COMPANY, Appellant, v. WOODEN FAMILY TRUST, Appellee. 1st District. Case No. 1D20-1373. June 1, 2021. On appeal from the Circuit Court for Bay County. John L. Fishel, II, Judge. Counsel: Scot E. Samis of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for Appellant. Samuel Alexander of Read More »
Civil procedure — Dismissal — Fraud on court — Contracts — Trial court erred in denying defendant’s motion to dismiss amended complaint and for attorney’s fees where defendant established by clear and convincing evidence that plaintiff was responsible for fraudulent, unauthentic contracts that were attached to complaint and amended complaint, which contracts were considerably more favorable than the contracts that were actually executed approximately 30 years previously — Remand with instructions to dismiss amended complaint with prejudice for fraud on court
46 Fla. L. Weekly D1092a COMPAÑIA GENERAL FINANCIERA Y DESARROLLO, S.A., etc., Appellant/Cross-Appellee, v. BNP PARIBAS, S.A. f/k/a La Banque Nationale de Paris, etc., Appellee/Cross-Appellant. 3rd District. Case No. 3D19-1738. L.T. Case No. 11-17213. May 12, 2021. An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz and Norma S. Lindsey, Judges. Counsel: Ainsworth Read More »
Insurance — Homeowners — Post-loss obligations — Trial court properly entered summary judgment for insurer in insured’s breach of contract action on basis that insured failed to provide sworn proof of loss — Insured’s claim that insurer waived its right to demand compliance with post-loss obligations by denying insured’s supplemental claim was not preserved for appellate review where that specific argument was not raised in trial court — Insured did not cooperate “to some degree” with proof of loss requirement — Insurer was not required to demonstrate that it was prejudiced by insured’s failure to comply with proof of loss requirement
46 Fla. L. Weekly D1086a BEVERLY EDWARDS, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-107. May 12, 2021. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Terri-Ann Miller, Judge; L.T. Case Nos. COSO-17-006731 (62) and CACE-19-017593 (AP). Counsel: Justin Cernitz of Cernitz Shabran, LLC, Miami, and Paul B. Read More »