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Insurance — Homeowners — Hurricanes — Water damage — Exclusions — No error in entering summary judgment in favor of insurer on claims for damage from a plumbing leak and a hurricane — Insured’s affidavits and deposition were conclusory and insufficient to create a genuine issue of material fact as to insured’s claim that a hurricane had caused an opening in her roof through which water entered — Trial court did not err in applying water damage exclusion endorsement to insured’s plumbing claim — Exclusion endorsement did not conflict with policy’s specific provisions endorsement and there was no ambiguity in the policy — Both endorsements stated that they replaced the water damage exclusion in the original policy, the first three subsections are virtually identical in each endorsement, and the two additional exclusions in the special provisions endorsement supplement, and do not conflict with, the first three exclusions

46 Fla. L. Weekly D656a DOROTHY ARCHER, Appellant, v. TOWER HILL SIGNATURE INSURANCE COMPANY, Appellee. 4th District. Case No. 4D19-3702. March 24, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Raag Singhal, Judge; L.T. Case No. CACE-18-4463 (21). Counsel: Paul B. Feltman of Alvarez, Feltman, Da Silva & Costa, PL, Read More »

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Torts — Defamation — Negligent publication — Trial court properly entered summary judgment in favor of defendant where plaintiffs failed to submit competent summary judgment evidence to counter defendant’s affidavit in which defendant denied making the alleged defamatory statements — Although plaintiffs submitted an unsworn letter from an individual who claimed to have been at the meeting where the defamatory statements were allegedly made, the unsworn letter did not constitute summary judgment evidence and was, therefore, properly rejected by the court

46 Fla. L. Weekly D660a CHERI GARBARK, and LEWIS ASSOCIATION PROPERTY MANAGEMENT, LLC, a Florida Limited Liability Company, Appellants, v. GARY GAYLE, Appellee. 1st District. Case No. 1D20-988. March 24, 2021. On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge. Counsel: Patrick R. Frank and Keisha D. Rice of Frank & Read More »

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Torts — Automobile accident — Discovery — Mental health records — Trial court departed from essential requirements of law by entering order requiring production of plaintiff’s mental health records without limitation or in camera inspection to ensure that only relevant information was disclosed connecting the mental health records either in substance or time to the claim at issue — Relief granted without prejudice for trial court to conduct in camera inspection to confirm that records are relevant and timely as to claim at issue

46 Fla. L. Weekly D653a GREGORY ERN, Petitioner, v. JANICE LOU SPRINGER and PROGRESSIVE AMERICAN INSURANCE COMPANY, Respondents. 4th District. Case No. 4D20-2107. March 24, 2021. Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Janet Croom, Judge; L.T. Case No. 31-2019-CA-000815-XXXX. Counsel: Joseph H. Graves and Read More »

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Insurance — Homeowners — Hurricanes — Water damage — Exclusions — No error in entering summary judgment in favor of insurer on claims for damage from a plumbing leak and a hurricane — Insured’s affidavits and deposition were conclusory and insufficient to create a genuine issue of material fact as to insured’s claim that a hurricane had caused an opening in her roof through which water entered — Trial court did not err in applying water damage exclusion endorsement to insured’s plumbing claim — Exclusion endorsement did not conflict with policy’s specific provisions endorsement and there was no ambiguity in the policy — Both endorsements stated that they replaced the water damage exclusion in the original policy, the first three subsections are virtually identical in each endorsement, and the two additional exclusions in the special provisions endorsement supplement, and do not conflict with, the first three exclusions

46 Fla. L. Weekly D656a DOROTHY ARCHER, Appellant, v. TOWER HILL SIGNATURE INSURANCE COMPANY, Appellee. 4th District. Case No. 4D19-3702. March 24, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Raag Singhal, Judge; L.T. Case No. CACE-18-4463 (21). Counsel: Paul B. Feltman of Alvarez, Feltman, Da Silva & Costa, PL, Read More »

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Torts — Automobile accident — Discovery — Mental health records — Trial court departed from essential requirements of law by entering order requiring production of plaintiff’s mental health records without limitation or in camera inspection to ensure that only relevant information was disclosed connecting the mental health records either in substance or time to the claim at issue — Relief granted without prejudice for trial court to conduct in camera inspection to confirm that records are relevant and timely as to claim at issue

46 Fla. L. Weekly D653a GREGORY ERN, Petitioner, v. JANICE LOU SPRINGER and PROGRESSIVE AMERICAN INSURANCE COMPANY, Respondents. 4th District. Case No. 4D20-2107. March 24, 2021. Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Janet Croom, Judge; L.T. Case No. 31-2019-CA-000815-XXXX. Counsel: Joseph H. Graves and Read More »

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