40 Fla. L. Weekly D195a Torts — Automobile accident — Discovery — Trial court departed from essential requirements of law in permitting plaintiff to view a post-accident surveillance video before her deposition — Fairness requires that a defendant be permitted to depose plaintiff before turning over a surveillance video GWENDOLYN HANKERSON, Petitioner, v. NICOLE WILEY, Read More »

40 Fla. L. Weekly D153b Insurance — Declaratory judgment — Discovery depositions — Non-residents — Trial court departed from essential requirements of law by denying plaintiff’s motion for protective order and requiring non-party who resided and worked in Pennsylvania to be deposed in Broward County — Defendant failed to demonstrate that individual was an officer, Read More »

40 Fla. L. Weekly D78a Insurance — Commercial property — Sinkhole claim — Appraisal — Trial court erred in determining that appraisal clause in policy was unenforceable because policy provided that insurer retained right to deny claim following appraisal — Dispute over method of repair required to return property to its original state is subject Read More »

40 Fla. L. Weekly D80b Mortgage foreclosure — Where trial court had dismissed complaint without prejudice without granting leave to amend, court did not have power to grant an untimely motion for rehearing and vacate the order of dismissal — Plaintiff is not barred from seeking relief by way of timely and procedurally adequate motion Read More »

25 Fla. L. Weekly Fed. S15a Jurisdiction — Federal — Removal of state court action to federal court — Amount in controversy — As specified in 28 U.S.C. §1446(a), a defendant’s notice of removal need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold; the notice need not contain evidentiary Read More »