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 »

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 »

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 »

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 judgment Read More »

40 Fla. L. Weekly D760c Torts — Premises liability — Slip and fall on slippery floor — Comparative negligence — Trial court erred in ruling that plaintiff was fifty percent comparatively negligent for wearing high-heel shoes   JENNIFER BONGIORNO, Appellant, v. AMERICORP, INC., etc., et al., Appellees. 5th District. Case No. 5D14-267. Opinion filed March Read More »