50 Fla. L. Weekly D161a KIMBERLY DONALDSON, Appellant, v. THOMAS HAHN, Appellee. 4th District. Case No. 4D2024-1461. January 8, 2025. Appeal of nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James Nutt, Judge; L.T. Case No. 50-2023-CA-001716-XXXX-MB. Counsel: Robert C. Johnson and Stuart Hartstone of Pike & Lustig, LLP, Read More »
Articles
Torts — Automobile accident — Sanctions — Dismissal — Fraud on court — Evidence — Trial court abused its discretion by dismissing action with prejudice for fraud on court based on plaintiff’s failure to disclose prior car accidents during discovery and to medical providers — Fact that plaintiff omitted an accident from her deposition testimony and explicitly denied any further vehicle accidents was insufficient to support finding that plaintiff intentionally provided false testimony about being involved in prior accidents as part of a scheme to defraud — Finding that plaintiff provided false testimony about accident involvement also runs contrary to the record which showed that plaintiff’s counsel voluntarily provided defendants with accident report from additional accident and that plaintiff’s husband had testified about the additional accident during his deposition — Trial court’s finding that plaintiff had falsely testified about the extent of damage in additional accidents was not supported by competent, substantial evidence — Accident reports could not serve as competent evidence because such reports are inadmissible hearsay, and statements by drivers in report are excluded under accident report privilege — Insurance claim reports for accidents were inadmissible hearsay — Additionally, insurance claims did not show that plaintiff’s testimony regarding damage was false — Trial court’s finding that plaintiff failed to disclose prior accidents to her treating physician was not supported by competent, substantial evidence where treating physician’s deposition testimony showed that physician barely discussed accident sued upon and had not discussed other accidents with plaintiff — Finding that plaintiff had lied to defendants’ expert about prior accidents during CME was not supported by competent evidence where only evidence proffered by defendants, the CME report, was inadmissible hearsay — Trial court erred by finding that prior accidents were relevant to injury causation where nothing in record shows that plaintiff had been injured in prior accidents or sought treatment afterwards — Finding that plaintiff’s false testimony and failure to disclose caused unfair prejudice to defendants was not supported by competent, substantial evidence — Any prejudice to defendants was largely of their own making where defendants never asked plaintiff about accidents not resulting in injury in their discovery requests and failed to pursue document production until after plaintiff’s deposition
50 Fla. L. Weekly D165a ETIANY MARIA ELOI ZUFI, Appellant, v. ROBIN GABRIEL STOCKTON and RON KENDALL MASONRY, INC., a Florida for-profit corporation, Appellees. 4th District. Case No. 4D2024-0842. January 8, 2025. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William W. Haury, Jr., Judge; L.T. Case No. CACE-22-008236. Counsel: Jack Read More »
Insurance — Property — Insured’s action against insurer seeking payment on vandalism claim — Standing — Insurable interest — Insureds’ insurable interest in property was extinguished when they executed a deed in lieu of foreclosure that fully discharged their debt and, accordingly, insureds lacked standing to recover insurance benefits
49 Fla. L. Weekly D1746a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. KIMBERLY CORTEZ and CARLOS CORTEZ, Appellees. 4th District. Case No. 4D2023-0676. August 21, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William W. Haury, Jr., Judge; L.T. Case No. CACE18-005984. Counsel: Kara Rockenbach Link and David A. Read More »
Insurance — Homeowners — Appraisal — Attorney’s fees — Prevailing party — Trial court erred in denying insureds’ motion for attorney’s fees they incurred to petition for an appraisal with insurer based on determination that insureds had filed suit prematurely before a breakdown had occurred in claims adjusting process — Insurer’s position that it would not engage in appraisal without insureds’ actual cash value estimate, which trial court had previously determined was not required in a prior unappealed order, was a breakdown in negotiations — Because the insurer refused to negotiate without the insureds providing an actual cost value estimate, the lawsuit was the necessary catalyst to secure policy benefits — Remand for hearing on amount of fees due to insureds
49 Fla. L. Weekly D1744a 7635 MANDARIN DRIVE, LLC, GENE LAWSON, and NITA LAWSON, Appellants, v. CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, SUBSCRIBING TO POLICY NO. B050719MKSC000018-00, Appellee. 4th District. Case No. 4D2023-2474. August 21, 2024. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jaimie R. Goodman, Judge; L.T. Case No. Read More »
Civil procedure — Dismissal — Service of process — Waiver — Error to dismiss complaint for insufficient service — While plaintiff did not re-serve process on defendant after initially dismissing defendant from lawsuit, defendant waived defense of insufficient service by filing a motion for summary judgment directed to the merits of the case before raising that defense
49 Fla. L. Weekly D1782c STEPHANIE PASSAFUME, Appellant, v. SHIFA HEALTHCARE HOLDINGS, LLC, JOHN BATISTA, M.D., INDIVIDUALLY, JOHN BATISTA M.D., P.A., PHOENIX AMERICAN MEDICAL, LLC, and KELLIE DEGROAT, Appellees. 5th District. Case No. 5D2023-2472. L.T. Case No. 2019-CA-805. August 23, 2024. On appeal from the Circuit Court for Hernando County. Donald E. Scaglione, Judge. Counsel: Read More »