49 Fla. L. Weekly D755a RUBEN SANTOS CASADO, Appellant, v. JOSEPH R. DOHER, TIMOTHY ST. GORDON AND JOSEPH CORBIN MCGINLEY, Appellees. 5th District. Case No. 5D23-2302. L.T. Case No. 2022-CC-006451-A. April 5, 2024. On appeal from the County Court for Lake County. Carla R. Pepperman, Judge. Counsel: Ruben Santos Casado, Clermont, pro se. Tyler E. Read More »
Articles
Insurance — Homeowners — Coverage — Damages — Setoff — Deductible — Trial court erred by failing to apply hurricane deductible post-verdict to offset jury’s determination of damages where jury was never asked to determine deductible’s applicability — Furthermore, trial court’s response to insurer’s reference to deductible at charge conference tacitly acknowledged that deductible would be applied post verdict — Any suggestion that jury might have taken deductible into consideration in awarding damages is pure speculation
49 Fla. L. Weekly D685a CITIZENS PROPERTY INSURANCE CORPORATION, Appellant, v. MARIE AVRIL and CLIFFORD ROMAIN, Appellees. 4th District. Case No. 4D2022-0360. March 27, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sandra Perlman, Judge; L.T. Case No. CACE19-009207. Counsel: Kathryn L. Ender of Dinsmore & Shohl LLP, Miami, for Read More »
Contracts — Franchise agreements — Breach — Counterclaims — Dismissal — Lack of standing — Matters outside four corners of complaint — Trial court erred in dismissing counterclaims based on determination that defendant, the owner of franchisee entity, lacked standing where trial court considered defendant’s deposition testimony to reach its conclusion — While courts may look outside the four corners of the complaint where a motion to dismiss challenges personal jurisdiction, defendant’s alleged lack of standing based on lack of damages was not a jurisdictional concern — Lack of standing was an affirmative defense that could not be determined on a motion to dismiss unless facts supporting it appeared on face of defendant’s pleading — Additionally, trial court erred in dismissing contract-based counterclaims on grounds that defendant was not a contracting party where plaintiff had sued defendant for breach of the very same contracts — Allegations in defendant’s pleadings do not clearly indicate lack of standing to sue under Florida Franchise Act where there is a question as to which party invested in franchise
49 Fla. L. Weekly D668a JEAN FRANCOIS RIGOLLET, Appellant, v. LE MACARON DEVELOPMENT, LLC; ROSALIE GUILLEM; BERNARD GUILLEM; and DIDIER SABA, Appellees. 2nd District. Case No. 2D23-564. March 27, 2024. Appeal from the Circuit Court for Sarasota County; Stephen Walker, Judge. Counsel: Jean François Rigollet, pro se. Kimberly D. Thresher and Dennis D. Leone of Read More »
Torts — Punitive damages — Amendment of complaint — Gross negligence — Action brought against movie theater stemming from injuries plaintiff sustained when she was trampled by a crowd fleeing the theater after being alerted of an active shooter by theater employees — No error in denying plaintiff’s motion for leave to amend complaint to add a claim for punitive damages against movie theater — Allegations pleaded in proposed amended complaint, which alleged that movie theater was grossly negligent in failing to adequately train its employees and ensure that theater’s policies and procedures were followed so as to prevent the panic and confusion that injured plaintiff, did not rise to the level of gross negligence necessary for punitive damages claim to proceed — Even assuming the legal sufficiency of proposed amended complaint, plaintiff failed to make a “reasonable showing” of a “reasonable basis” for the recovery of punitive damages, as required by section 768.72 — With regard to any claim that theater was vicariously liable for punitive damages because of the conduct of its employees, plaintiff’s argument that the employees’ conduct in evacuating the theater violated theater’s policies precludes a reasonable evidentiary basis that theater participated in the conduct or otherwise condoned, ratified, or consented to the conduct — As to any claim of direct liability because of an alleged failure to adequately train employees, there was no reasonable evidentiary basis for a jury to conclude that theater itself engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by plaintiff
49 Fla. L. Weekly D692a FAYE CRUMP, Appellant, v. AMERICAN MULTI-CINEMA, INC. d/b/a AMC, Appellee. 5th District. Case No. 5D22-2671. L.T. Case No. 2019-CA-002883-11J-L. March 28, 2024. Nonfinal appeal from the Circuit Court for Seminole County. Jessica J. Recksiedler, Judge. Counsel: Josef Timlichman, of Josef Timlichman Law, PLLC, Aventura, for Appellant. R. David McLaughlin, and Read More »
Torts — Pedestrian struck by vehicle — Plaintiff permanently and severely injured when he was struck and pinned between two vehicles when defendant reversed out of a parking space — Punitive damages — Trial court did not err in allowing plaintiff to amend complaint to add claim for punitive damages on basis that driver was intoxicated when she struck plaintiff with car owned by codefendant — Record confirms that trial court considered and weighed evidence offered by parties, acted as a factfinder, and performed its gatekeeper role in concluding that plaintiff provided reasonable evidentiary basis for recovery of punitive damages
49 Fla. L. Weekly D678a GISELLE GATTORNO and DAVID IGLESIAS, Appellants, v. STEVEN SOUTO, Appellee. 3rd District. Case No. 3D23-0639. L.T. Case No. 21-22353. March 27, 2024. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge. Counsel: Cole, Scott & Kissane, P.A., and Lissette Gonzalez and Carly M. Read More »