40 Fla. L. Weekly D31a Wrongful death — Action against defendants who sold alcoholic beverages to underage person who was involved, while intoxicated, in automobile accident that killed decedent — Error to enter summary judgment for defendants on basis that sale of alcoholic beverages to underage person was not willful, where there was factual issue Read More »
Articles
First DCA reverses award of costs / fees pursuant to Offer of Judgment — proposal directed to one defendant but required payment from another defendant
40 Fla. L. Weekly D41a Torts — Attorney’s fees — Proposal for settlement — Proposal addressed to one defendant which stated that plaintiff would dismiss action against both defendants after second defendant or his agents tenders the proposed settlement amount was invalid — Proposal deprived defendant to whom proposal was addressed of the ability to Read More »
Homeowners’ Insurance — Sinkhole Claim — Right to appraisal / waiver
39 Fla. L. Weekly D2575a Insurance — Homeowners — Sinkhole claim — Appraisal — There is no merit to insurer’s contention that trial court should not have ordered appraisal because the only dispute between parties was about the method of repair rather than the amount of loss — Insureds did not waive appraisal by engaging Read More »
Appellate Practice – Preservation – Appellant waived ground for appeal of order granting new trial by failing to argue such ground alongside primary basis for disputing new trial
39 Fla. L. Weekly D2574a Torts — New trial — Appeals — Claim that trial court erred in awarding plaintiff a new trial on past economic damages only, and should have ordered a new trial on both liability and damages, was not preserved for appeal where defendants opposed motion for additur or new trial only Read More »
Workers’ Compensation — Consideration of whether major contributing cause of treatment was work-related
39 Fla. L. Weekly D2511c Workers’ compensation — Medical benefits — Major contributing cause — No error in awarding continuing medical treatment for work-related neck injury — Judge of compensation claims properly considered claimant’s preexisting condition, degenerative changes to cervical spine unrelated to any accident, in analyzing whether major contributing cause for need for treatment Read More »