39 Fla. L. Weekly D2257a Insurance — Homeowners — Sinkhole claim — Breach of contract action against insurer which denied sinkhole claim after its expert determined that sinkhole was not the cause of damage to insureds’ home — Trial court erred in entering summary judgment for insurer in insureds’ breach of contract action on ground […]
Articles
Supreme Court makes significant amendments to Rules of Appellate Procedure
39 Fla. L. Weekly S665a Rules of Appellate Procedure — Amendment IN RE: AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE. Supreme Court of Florida. Case No. SC14-227. November 6, 2014. Original Proceeding — Florida Rules of Appellate Procedure Committee. Counsel: Wendy S. Loquasto, Chair, Appellate Court Rules Committee, Fox & Loquasto P.A., Tallahassee, Eduardo […]
Appellate Practice — appeal of judgment for costs and fees; although viability of judgment for costs / fees to prevailing party necessarily predicated on affirmance of underlying substantive judgment, reversal of cost / fee award should be argued in initial brief
39 Fla. L. Weekly D2220a Contracts — Real property sale — Breach of warranty — Fraudulent misrepresentation — Complaint alleging that defendant made fraudulent misrepresentations and breached warranty that there existed no violations of land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority by selling to buyer a building that was […]
Fourth DCA reiterates attorney / client privilege between carrier and its own counsel in underlying action remains intact for purposes of later bad faith action
39 Fla. L. Weekly D2215b Insurance — Bad faith — Discovery — Attorney-client privilege — Documents from insurer’s attorney’s litigation file in underlying coverage case — Trial court departed from essential requirements of law in requiring production of attorney-client privileged material on grounds that the privileged information did not pertain to bad faith aspects of […]
Homeowners’ Insurance — sinkhole claim — Federal Court — Middle District of Florida clarifies meaning of “structural damage”
25 Fla. L. Weekly Fed. D41a Insurance — Homeowners — Sinkhole claim — Claim by insurer that insured building did not suffer “structural damage” as defined by statute — Where policy did contain a definition of “structural damage” or refer to the statutory definition, “structural damage” should be given its plain meaning as “damage to […]