41 Fla. L. Weekly D1279aTop of Form Insurance — Homeowners — Attorney’s fees — Insureds prevailing in action against insurer — Trial court abused discretion in applying multiplier to fees awarded to insureds where there was no showing that insureds would have had difficulty finding competent counsel to represent them — Finding that attorneys went Read More »
Articles
Civil rights — Employment discrimination — Exhaustion of administrative remedies — Timeliness of complaint — A constructive-discharge claim accrues, and the limitations period begins to run, when the employee gives notice of his resignation, not on effective date thereof
26 Fla. L. Weekly Fed. S169aTop of Form Civil rights — Employment discrimination — Exhaustion of administrative remedies — Timeliness of complaint — Before a federal civil servant can sue his employer for violating Title VII, he must, among other things, “initiate contact with an Equal Employment Opportunity counselor at his agency “within 45 days Read More »
Torts — Product liability — Action by father of child who was injured while playing at city park playground against manufacturer — Error to enter summary judgment for defendant where there was inconsistent testimony and factual issue as to the causation of child’s injuries
41 Fla. L. Weekly D1252aTop of Form Torts — Product liability — Action by father of child who was injured while playing at city park playground against manufacturer of jungle gym from which child allegedly fell, alleging design defects in jungle gym — Error to enter summary judgment for defendant where there was inconsistent testimony Read More »
Civil procedure — Trial court erred in granting motion to dismiss without allowing plaintiff opportunity to amend complaint where no responsive pleading had been filed — Motion to dismiss was not a responsive pleading
41 Fla. L. Weekly D1238aTop of Form Civil procedure — Trial court erred in granting motion to dismiss without allowing plaintiff opportunity to amend complaint where no responsive pleading had been filed — Motion to dismiss was not a responsive pleading NINA SOLONENKO, Appellant, v. VOGUE PROPERTIES, LLC, Appellee. 4th District. Case No. 4D15-2065. May Read More »
Civil procedure — Default — Relief from judgment — Error to deny rule 1.540(b) motion without evidentiary hearing where motion alleged, with sworn affidavits, that defendants did not receive notice of hearing on plaintiff’s motion for summary judgment in time to attend the hearing
41 Fla. L. Weekly D1236bTop of Form Civil procedure — Default — Relief from judgment — Error to deny rule 1.540(b) motion without evidentiary hearing where motion alleged, with sworn affidavits, that defendants did not receive notice of hearing on plaintiff’s motion for summary judgment in time to attend the hearing JAMES I. JONES, SR. Read More »