39 Fla. L. Weekly D446a Torts — Premises liability — Slip and fall — Transitory foreign substance on floor — Action against shopping mall and cleaning and maintenance service hired by mall for injuries sustained when plaintiff slipped and fell on clear, slippery substance on floor as she was shopping — No error in holding Read More »
Articles
Error to enforce settlement agreement after plaintiff violated related confidentiality agreement
39 Fla. L. Weekly D457a Contracts — Settlement agreement — Enforcement — Agreement settling age discrimination and retaliation action against school by plaintiff whose contract as school’s headmaster was not renewed — Where settlement agreement contained confidentiality provision which prohibited plaintiff or his wife from disclosing agreement to anyone other than plaintiff’s attorneys or other Read More »
Out-of-state defendants not seeking affirmative relief from court cannot be compelled to travel to Florida for deposition absent extraordinary circumstances
39 Fla. L. Weekly D445a Civil procedure — Discovery — Depositions — Non-residents — Trial court should not have entered order compelling non-resident defendants to travel to Florida for depositions where defendants were not seeking affirmative relief and plaintiffs failed to demonstrate existence of extraordinary circumstances which would require defendants’ appearance in Florida for deposition Read More »
Payment of property damage benefits following filing of lawsuit by insured tantamount to a confession of judgment entitling insured to attorney’s fees under 627.428
39 Fla. L. Weekly D455b Insurance — Automobile — Attorney’s fees — Where, after insured had filed breach of contract complaint against insurer for failure to pay automobile theft claim, insurer made payment to lienholder of automobile, insurer’s payment to lienholder was the functional equivalent of a confession of judgment, and trial court erred in Read More »
Trial Court Order — Ambiguity of Release Can Defeat Enforcement of Offer of Judgment
21 Fla. L. Weekly Supp. 241a Attorney’s fees — Proposal for settlement — Ambiguity — Where releases in proposals for settlement are ambiguous as to whether they would extinguish only claims against offeror or if they would also reach claims against all other persons, including other named defendant, proposals are invalid — No merit to Read More »
