39 Fla. L. Weekly D266a Insurance — General liability — Insured’s breach of policy condition by failing to notify insurer that suit had been filed against insured, with result that default was entered against insured and plaintiff in underlying suit moved for writ of garnishment against insurer — Although insured breached its obligations under its Read More »
Articles
Judge erred in ruling on motions two days prior to recusing himself when grounds for recusal were known at the time of such rulings
39 Fla. L. Weekly D256c Judges — Disqualification — Judge erred in ruling on motions two days before he recused himself on his own initiative where grounds for recusal were known to court at time of rulings — Relief not available on appeal, as party is not entitled to have disqualified judge’s orders vacated as Read More »
Federal Court: Outstanding motion for fees and costs does not preclude judgment on the merits from becoming final for purpose of appeal; appellate time-clock commenced upon entry of the judgment on the merits despite later / subsequent rendition of order concerning fees and costs
24 Fla. L. Weekly Fed. S517a Appeals — Final orders — Whether a claim for attorney’s fees is based on a statute, contract, or both, the pendency of a ruling on an award for fees and costs does not prevent, as a general rule, the merits judgment from becoming final for purposes of appeal — Read More »
Workers’ Compensation / Tort Immunity: Fact issue whether plaintiff was an employee of defendant precluded summary judgment on the issue of Workers’ Comp immunity
39 Fla. L. Weekly D209b Torts — Workers’ compensation immunity — Action against contractor and plumbing subcontractor by plaintiff who was injured during the course and scope of his employment while helping to install a pipe after delivering it to job site from plumbing supply company — Trial court erred in entering summary judgment for Read More »
Fifth DCA revises prior opinion regarding enforceability of liability waiver; maintains position that waiver was not specific enough to release negligence of releasee
39 Fla. L. Weekly D223d Torts — Releases — Action against owner of Go-Kart track, alleging that defendant’s employee negligently increased Go-Kart speed during a race, causing plaintiff to sustain injuries when she lost control and crashed into railing — Error to enter summary judgment for defendant on basis of waiver and release form signed Read More »