40 Fla. L. Weekly D801a Insurance — Attorney’s fees — Insured was entitled to recover statutory attorney’s fees in connection with declaratory judgment action he filed regarding uninsured motorist coverage — Where insurer initially disputed insured’s entitlement to “stacking” of UM benefits, its later concession on that issue was tantamount to a confession of Read More »
Articles
Civil Procedure – Sanctions – Default – Willful Discovery Violations
40 Fla. L. Weekly D798a Civil procedure — Sanctions — Default — No abuse of discretion in entering default due to defendant’s willful discovery violations, including deletion of emails, concealment of material witnesses, lying during depositions, providing false testimony before the trial court and more — Other orders, including final judgment and pre-trial orders granting Read More »
Attorneys’ Fee – Prevailing Party – No Error in Awarding a Contingency Fee Multiplier
40 Fla. L. Weekly D796a Attorney’s fees — Prevailing plaintiff in action to recover deposit on condominium unit — Amount of fee — Trial court could properly award an hourly rate higher than that which plaintiff was contractually obligated to pay his counsel where contingency fee contract included an alternate fee recovery clause that enabled Read More »
Attorneys’ Fees – Trial Court Did Not Err in Reducing Prevailing Party Fee Award for Time Spent on an Unsuccessful Claim
40 Fla. L. Weekly D782a Attorney’s fees — No error in attorney’s fee award to prevailing plaintiffs where sizeable fee resulted largely from defendants’ elaborate attempts to shield discovery of their real-estate-related fraud — No abuse of discretion in trial court’s refusal to reduce award for time spent on an accounting claim upon which plaintiffs Read More »
Insurance- PIP – Cancellation for Non-Payment of Premium – Evidence
40 Fla. L. Weekly D802b Insurance — Personal injury protection — Cancellation of policy for non-payment of premium — Declaratory action alleging that insurer waived its right to deny coverage and was estopped from denying coverage due to cancellation of policy for insured’s non-payment of premium — Evidence — Trial court erred in allowing insured Read More »