39 Fla. L. Weekly D445a Civil procedure — Discovery — Depositions — Non-residents — Trial court should not have entered order compelling non-resident defendants to travel to Florida for depositions where defendants were not seeking affirmative relief and plaintiffs failed to demonstrate existence of extraordinary circumstances which would require defendants’ appearance in Florida for deposition Read More »
Articles
Payment of property damage benefits following filing of lawsuit by insured tantamount to a confession of judgment entitling insured to attorney’s fees under 627.428
39 Fla. L. Weekly D455b Insurance — Automobile — Attorney’s fees — Where, after insured had filed breach of contract complaint against insurer for failure to pay automobile theft claim, insurer made payment to lienholder of automobile, insurer’s payment to lienholder was the functional equivalent of a confession of judgment, and trial court erred in Read More »
Trial Court Order — Ambiguity of Release Can Defeat Enforcement of Offer of Judgment
21 Fla. L. Weekly Supp. 241a Attorney’s fees — Proposal for settlement — Ambiguity — Where releases in proposals for settlement are ambiguous as to whether they would extinguish only claims against offeror or if they would also reach claims against all other persons, including other named defendant, proposals are invalid — No merit to Read More »
Liability of parents for criminal acts of adult son
39 Fla. L. Weekly D391a Wrongful death — Torts — Shooting — Liability for criminal acts of third party — Foreseeability — Action arising out of incident in which defendants’ 35-year-old son shot and killed family members at Thanksgiving gathering to which defendants had invited son without informing hosts or other family members, although defendants Read More »
Bad Faith — Review of order denying motion for judgment in accordance with confession of judgment
39 Fla. L. Weekly D425c Insurance — Uninsured motorist — Bad faith — Insurer is not entitled to writ of certiorari with regard to trial court’s order denying insurer’s motion requesting court to enter final judgment in accordance with insurer’s confession of judgment and granting insured’s motion to amend complaint seeking underinsured motorist benefits to Read More »