39 Fla. L. Weekly D877a Attorney’s fees — Proposal for settlement — Error to award attorney’s fees pursuant to proposal for settlement where proposal did not state the amount and terms attributable to each defendant MOWAFFAK ATFEH AND RYDANAH ATFEH, Appellants, v. LILLIAN GICHIMU, Appellee. 5th District. Case No. 5D13-2070. Opinion filed April 25, 2014. Read More »
Articles
Appeal waived: Rehearing / reconsideration of order denying motion for relief from judgment does not toll time for filing notice of appeal
39 Fla. L. Weekly D882a Appeals — Timeliness — Motion for rehearing/reconsideration directed at denial of relief from judgment is unauthorized and will not toll thirty-day time limit for filing appeal — Trial court may not sua sponte decide to revisit a matter a party could not otherwise request the court revisit — Court’s referral Read More »
Federal Court — Employment law: FMLA interference and retaliation
24 Fla. L. Weekly Fed. C1199a Employer-employee relations — Family Medical Leave Act — Waiver or release of claims — No error in granting summary judgment in favor of former employer on claims of interference and retaliation under Family Medical Leave Act where plaintiff signed severance agreement with employer ostensibly waiving FMLA claims — Although Read More »
Federal court concludes that cliff on property adjacent to defendant’s club, but not owned by club, was within the scope of defendant’s duty to maintain property in reasonably safe condition
24 Fla. L. Weekly Fed. C1247a Wrongful death — Premises liability — Action arising out of incident in which owner of home on private golf club property located on an island in the Bahamas apparently fell to his death from rocky cliff adjacent to club property, but not owned by club — District court erred Read More »
Federal court enters summary judgment in favor of insurance carrier in bad faith action
24 Fla. L. Weekly Fed. D314a Insurance — Automobile — Bad faith — Refusal to settle — Summary judgment in favor of insurer is appropriate because, based upon record evidence and totality of circumstances, no reasonable jury could find insurer acted in bad faith by allegedly failing to settle the claim within plaintiff’s policy limits Read More »