40 Fla. L. Weekly S79a Torts — Negligence — Releases — Exculpatory clause — An exculpatory clause is not ambiguous and, therefore, ineffective simply because it does not contain express language releasing a defendant from liability for his or her own negligence or negligent act STACY SANISLO, et al., Petitioners, v. GIVE KIDS THE WORLD, Read More »
Articles
Homeowners’ Insurance – Neither statute, nor “suit against us” provision of policy make completion of neutral eval a precondition to filing suit
40 Fla. L. Weekly D310a Insurance — Homeowners — Sinkhole claim — Neutral evaluation is not a presuit requirement — Statute does not preclude filing of lawsuit during pendency of neutral evaluation process — Trial court erred in finding that insured was required to participate in and complete neutral evaluation process before filing suit and Read More »
Automobile Liability Insurance – Coverage for attorneys’ fees taxed against insured pursuant to OJ / PFS
40 Fla. L. Weekly D308a Insurance — Automobile liability — Coverage — Attorney’s fees — Under “Additional Payments” provisions of policy, which provided that insurer would pay all court costs charged to an insured in a covered lawsuit, insurer was obligated to pay attorney’s fees assessed against its insured pursuant to offer of judgment statute Read More »
Appellate Practice – Non-substantive amendment to judgment which results in an “Amended Judgment” does not alter the 30 day window of time for filing notice of appeal
40 Fla. L. Weekly D268a Dissolution of marriage — Alimony — Appeals — Timeliness — Husband’s appeal of award of durational alimony to wife was not timely where notice of appeal was filed more than 30 days after rendition of order — Time for filing notice of appeal commenced on date of original judgment, not Read More »
Homeowners’ Insurance – Sinkhole – Knowledge of prior repairs for cracking damage as a material misrepresentation
40 Fla. L. Weekly D262c Insurance — Homeowners — Sinkhole claim — Rescission of policy — Misrepresentation of condition of home on applications for coverage — Error to enter summary judgment in favor of insurer based on insureds’ negative answer to question whether they had knowledge of any prior repairs made to any structures on Read More »