50 Fla. L. Weekly D2475c MASSEY CONSTRUCTION GROUP, INC. a/a/o ARTHUR CARLSON and CAROL CARLSON, Appellant, v. ALEX FINCH, P.A. d/b/a FINCH LAW FIRM and FROMANG & FINCH P.A., Appellees. 6th District. Case No. 6D2024-1029. L.T. Case No. 20-CA-002296. November 14, 2025. Appeal from the Circuit Court for Lee County. Michael T. McHugh, Judge. Counsel: Read More »
Articles
Torts — Premises liability — Trip and fall — Open and obvious danger — Duty to maintain — Trial court erred by granting summary judgment in defendant’s favor based on finding that hazard over which plaintiff tripped was open and obvious — Fact that hazard was open and obvious did not discharge defendant’s duty to maintain property in reasonably safe condition — Evidence that hazard violated building code constituted prima facie evidence of negligence based on a breach of defendant’s duty to maintain its premises, which was sufficient to defeat summary judgment
50 Fla. L. Weekly D2422a Torts — Premises liability — Trip and fall — Open and obvious danger — Duty to maintain — Trial court erred by granting summary judgment in defendant’s favor based on finding that hazard over which plaintiff tripped was open and obvious — Fact that hazard was open and obvious did Read More »
Insurance — Homeowners — Coverage — Conditions precedent — Presuit notice — Insured’s action against insurer — Trial court erred by denying insurer’s motion to dismiss asserting that insured failed to provide pre-suit notice of intent to initiate litigation — Section 627.70152(3) applies to policies issued before the statute’s effective date — Post-loss obligations — Prompt notice — Waiver — Trial court erred by granting insured’s motion for directed verdict on insurer’s late-notice defense based on finding that insurer had waived argument by raising alternative affirmative defenses — A party is permitted to plead multiple defenses in the alternative — Insurer was entitled to raise late notice defense where defense was properly listed in its affirmative defenses and there was ample evidence to support defense
50 Fla. L. Weekly D2407d UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. MARIE SUFFRAT, Appellee. 3rd District. Case No. 3D23-2263. L.T. Case No. 21-22216-CA-01. November 5, 2025. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge. Counsel: LINK & ROCKENBACH, PA, and David A. Noel and Kara Rockenbach Link (West Read More »
Insurance — Homeowners — Coverage — Attorney’s fees — Prevailing party — Confession of judgment — Trial court erred by denying insureds’ motion for attorney’s fees under section 627.428 — Insurer’s payment of appraisal amount after insureds had filed suit constituted a confession of judgment, entitling insureds to attorney’s fees under statute — Fact that suit was filed prior to request for appraisal was irrelevant — Court rejects argument that suit was unnecessary because insureds “raced to courthouse” rather than informing insurer that they disagreed with its damage valuation — Record established that insurer would have taken no further action on the claim without insureds filing suit
50 Fla. L. Weekly D2427a JOHN CHUN and JOY CHUN, Appellants, v. CASTLE KEY INDEMNITY COMPANY, Appellee. 2nd District. Case No. 2D2024-1891. November 7, 2025. Appeal from the Circuit Court for Pasco County; Alicia Polk, Judge. Counsel: Amanda Sidman and James Streeter Jenkins, III, of Jenkins Law, P.L., St. Petersburg, for Appellants. David W. Molhem Read More »
Insurance — Homeowners — Coverage — Conditions precedent — Presuit notice — Insured’s action against insurer — Trial court erred by denying insurer’s motion to dismiss asserting that insured failed to provide pre-suit notice of intent to initiate litigation — Section 627.70152(3) applies to policies issued before the statute’s effective date — Post-loss obligations — Prompt notice — Waiver — Trial court erred by granting insured’s motion for directed verdict on insurer’s late-notice defense based on finding that insurer had waived argument by raising alternative affirmative defenses — A party is permitted to plead multiple defenses in the alternative — Insurer was entitled to raise late notice defense where defense was properly listed in its affirmative defenses and there was ample evidence to support defense
50 Fla. L. Weekly D2407d UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. MARIE SUFFRAT, Appellee. 3rd District. Case No. 3D23-2263. L.T. Case No. 21-22216-CA-01. November 5, 2025. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge. Counsel: LINK & ROCKENBACH, PA, and David A. Noel and Kara Rockenbach Link (West Read More »