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 »

40 Fla. L. Weekly D14b Insurance — Homeowners — Sinkhole claims — Policy at issue clearly and unambiguously excluded coverage for sinkhole loss — Fact that policy contains a provision describing the neutral evaluation process in the event of a sinkhole loss cannot reasonably be read as creating coverage for a loss that is unambiguously Read More »

40 Fla. L. Weekly D23a Torts — Medical malpractice — Attorney’s fees — Proposal for settlement — Joint proposal — All or nothing proposal made by multiple offerors to a single offeree is an acceptable proposal for settlement — Cover letter sent to defendant notifying defendant of the enclosed proposal of settlement was not itself Read More »