40 Fla. L. Weekly D1918a Insurance — Personal injury protection — Medical expenses — Coverage — Statutory fee schedules — Clear and unambiguous election by insurer — Policy language providing that any amounts payable “shall be subject to any and all limitations authorized by section 627.736 . . . or any other provisions of the Read More »

40 Fla. L. Weekly D1910a Insurance — Homeowners — Declaratory judgment — Duty to defend and indemnify — Exclusions — Damages arising out of sexual molestation, corporal punishment or physical or mental abuse — Intentional shooting — Plain meaning of words “physical abuse” includes an instance such as one at issue in which insured lent Read More »

40 Fla. L. Weekly D1902a Torts — Attorney’s fees — Offer of judgment — Error to award attorney’s fees to plaintiff based on offer of judgment where plaintiff failed to strictly comply with rule 1.442 — Plaintiff failed to strictly comply with rule when she failed to state in offers of judgment whether the offers Read More »

40 Fla. L. Weekly D1866a Contracts — Attorneys — Attorney’s fees — Action by attorneys who entered into oral agreement with defendant law firm to assist defendant with trial and appellate support in case undertaken by defendant, seeking to recover amount owed to plaintiffs pursuant to agreement — Trial court properly entered judgment for plaintiffs, Read More »

40 Fla. L. Weekly D1880a Civil procedure — Default — Vacation — Defective service of process — Substitute service — Error to deny motion to vacate default and default final judgment entered in forfeiture action where defendant filed affidavits stating that defendant did not, at time of service, live with the person on whom service Read More »