40 Fla. L. Weekly D1724a Insurance — Commercial general liability — Coverage — Declaratory judgment — Appeals — Partial final judgment in declaratory judgment action which determined insurer’s duty to defend insured, but did not determine its duty of indemnification, is not a final appealable order or an appealable nonfinal order   FLORIDA FARM BUREAU Read More »

25 Fla. L. Weekly Fed. D193a Insurance — Underinsured/uninsured motorist — Insureds’ action against insurer for injuries sustained in automobile accident — Federal jurisdiction — Diversity — Amount in controversy — Although face of complaint, which seeks coverage for breach of insurance contract and alleges only that amount in controversy exceeds $15,000, is insufficient to Read More »

40 Fla. L. Weekly D1703a Attorney’s fees — Proposal for settlement — Where, prior to expiration of time within which it could properly accept defendant’s proposal for settlement, plaintiff filed a motion for extension of time to accept the proposal for settlement, but defendant did not agree to the extension and plaintiff took no steps Read More »

40 Fla. L. Weekly D1696b Civil procedure — Default — Abuse of discretion to enter judicial default against defendants as sanction for failure by defendants and their counsel to respond to discovery, failure to appear at court-ordered mediation, and failure to appear for calendar call without considering factors enumerated in Kozel v. Ostendorf and making Read More »

40 Fla. L. Weekly D1687a Wrongful death — Nursing homes — Jury trial — Denial — Appeals — Certiorari — Order striking request for jury trial based on express waiver in nursing facility residency agreement is not reviewable by certiorari   TRICIA ANN WALTER, as Personal Representative of the Estate of Norine C. Walter, Petitioner, Read More »