50 Fla. L. Weekly D130a JOSE RAUL ANGELES-DELGADO, et al., Appellants, v. JULIO COSTA BENITEZ, Appellee. 3rd District. Case No. 3D23-0939. L.T. Case No. 17-22498. January 8, 2025. An Appeal from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge. Counsel: Boyd & Jenerette, PA, Kevin D. Franz, and Lara J. Edelstein (Boca Raton), for Read More »
Articles
Torts — Dog bite — Civil procedure — Complaint — Amendment — Addition of claim for punitive damages — Trial court erred in granting motion to amend complaint to add claim for punitive damages against corporate defendant who owned fenced property in which dog that attacked plaintiff was located — Although defendant had recently purchased property from dog owner, who was in process of moving out, there was nothing to show that defendant knew dog was dangerous or that defendant’s conduct was otherwise so “reckless or wanting in care that it constituted a conscious disregard or indifference to life, safety, or rights of persons exposed to such conduct”
50 Fla. L. Weekly D136a FIVE FRAN, LLC, Appellant, v. ROY DAVIS, Appellee. 3rd District. Case No. 3D24-0833. L.T. Case No. 21-14088-CA-01. January 8, 2025. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Counsel: The Law Offices of K. Elaine White, P.A., and K. Elaine White Read More »
Torts — Automobile accident — Rear-end collision — Permanent injury — Non-economic damages — New trial — Trial court erred in granting new trial on ground that jury’s verdict finding that plaintiff did not suffer a permanent injury was contrary to undisputed evidence where entire record demonstrated conflict in evidence regarding permanence of injury sustained by plaintiff — Order granting new trial reversed — Remand for trial court to rule on other grounds set forth in motion for new trial
50 Fla. L. Weekly D134a RAUL CORZO, et al., Appellants, v. ANGEL MONTERO, Appellee. 3rd District. Case No. 3D24-0123. L.T. Case No. 17-104. January 8, 2025. An Appeal from the Circuit Court for Miami-Dade County, Charles Kenneth Johnson, Judge. Counsel: Cole, Scott & Kissane, P.A., Scott Cole, and Carly M. Weiss (Orlando), for appellants. Fischer Read More »
Civil procedure — Failure to appear — Sanctions — Default — Striking of pleadings — Trial court erred by entering order striking defendant’s answer, affirmative defenses, and counterclaims and defaulting the defendant based on defense counsel’s failure to appear at two case management conferences where nothing in record indicates that trial court considered Kozel factors or whether the defendant’s conduct was “willful and contumacious”
50 Fla. L. Weekly D153a TARANEISHA BURGESS, Appellant, v. QUESSIE CAMPBELL, LASHUNDA BLACKSHEAR, and FAMILY FIRST DIRECT PRIMARY CARE LLC, Appellees. 4th District. Case No. 4D2023-2281. January 8, 2025. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Scott R. Kerner, Judge; L.T. Case No. 502021CA006859. Counsel: Tshai N. Wright of Read More »
Insurance — Commercial liability — Water damage — Coverage — Endorsements — Subcontractors — General contractor’s claim for insurance coverage based on water damage caused by leak in roof which was installed by subcontractor — Trial court erred in granting summary judgment in favor of general contractor based on determination that general contractor had been added as an additional insured on subcontractor’s commercial general liability policy as required by an endorsement contained in general contractor’s policy — Court rejects argument that endorsement created an ambiguity with “Other Insurance” clause in the policy, and ambiguity must be resolved in favor of insured — Where there is a conflict between endorsement and the body of the policy, the endorsement controls — General contractor was not covered under its policy because endorsement required general contractor to have been added as an additional insured under the subcontractor’s policy on a “primary and non-contributory basis,” and neither of general contractor’s contracts with the subcontractor complied with the endorsement
50 Fla. L. Weekly D152a COLONY INSURANCE COMPANY, Appellant, v. TITAN RESTORATION CONSTRUCTION, INC., Appellee. 4th District. Case No. 4D2023-2908. January 8, 2025. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Joseph Curley, Judge; L.T. Case No. 502022CA006428MB. Counsel: John Bond Atkinson and Maria-Gracia Donati of Atkinson, P.A., Miami, for Read More »