50 Fla. L. Weekly D407a DARRYL A. VACHON, Appellant, v. THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D2023-2674. February 14, 2025. Appeal from the Circuit Court for Hillsborough County; Emily A. Peacock, Judge. Counsel: Tracy Raffles Gunn of Gunn Appellate Practice P.A., Tampa; and Lee D. Gunn IV and Ryan Read More »
Articles
Insurance — Homeowners — All-risk policy — Coverage — Summary judgment — Burden of proof — Trial court erred by granting summary judgment in favor of insurer — Genuine issue of material fact remained as to cause of loss on insureds’ property where insureds provided affidavits establishing that a loss occurred during policy period and insurer failed to present any affidavit showing that loss was excluded from coverage under a policy exception — Denial of coverage letter was not competent proof of facts insurer used to justify denial
50 Fla. L. Weekly D369a RONALD BELIZAIRE and LOVELIE BELIZAIRE, Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 4th District. Case No. 4D2023-2488. February 12, 2025. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Brett M. Waronicki, Judge; L.T. Case No. 562022CA001059. Counsel: Melissa A. Giasi and Erin M. Berger of Read More »
Torts — Automobile accident — Evidence — Settlement — New trial required where trial court permitted testimony concerning property damage settlement between the parties, a violation of section 90.408
50 Fla. L. Weekly D397a CRST EXPEDITED, INC., Appellant, v. ALFRED F. WALLACE, et al., Appellees. 3rd District. Case No. 3D23-2074. L.T. Case No. 18-13850. February 12, 2025. An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge. Counsel: Campbell Conroy & O’Neil, P.C., and P. Brandon Perkins (Ft. Lauderdale), for appellant. The Read More »
Torts — Jury — New trial — No abuse of discretion in denying plaintiff’s motion for new trial claiming that trial court and clerk had erred when assembling venire — Plaintiff waived any issue concerning venire where, although defendant had twice objected to venire prior to jury being sworn in, plaintiff did not lodge an objection until after jury returned adverse verdict
50 Fla. L. Weekly D289a SARAH ANDERSON, as Personal Representative of the Estate of Hosey Anderson, deceased, Appellant/Cross-Appellee, v. R.J. REYNOLDS TOBACCO COMPANY, a foreign corporation and PHILIP MORRIS USA, INC., a foreign corporation, Appellees/Cross-Appellants. 1st District. Case No. 1D2023-0058. February 5, 2025. On appeal from the Circuit Court for Gadsden County. David Michael Frank, Read More »
Torts — Premises liability — Slip and fall — Banks — Duty to maintain premises — Action stemming from injuries plaintiff suffered when she slipped on an oil slick while walking up to a drive-through automated teller machine — Trial court did not err by granting summary judgment in favor of bank because, as a matter of law, bank did not owe plaintiff a duty of care to maintain drive-through ATM in a reasonably safe condition for pedestrians — Defendant’s duty to maintain a safe premises for invitees like plaintiff is limited to the intended use of the premises as part of the invitation — Defendant’s duty was limited to keeping area safe only for motor vehicle traffic where record established that intended use of drive-through ATM was for access by customers operating their vehicles, and there was no invitation to access the ATM in any other way — Plaintiff’s deviation from ATM’s intended use, without defendant’s knowledge, could not operate to expand scope of defendant’s duty
50 Fla. L. Weekly D290c NICOLE MORRIS, Appellant, v. CAPITAL CITY BANK, Appellee. 1st District. Case No. 1D2022-1365. February 5, 2025. On appeal from the Circuit Court for Taylor County. Gregory S. Parker, Judge. Counsel: Jonathan Anthony Martin and Courtney Rebecca Brewer, Tallahassee; and John S. Mills, Jacksonville; of Bishop & Mills, PLLC, for Appellant. Read More »