46 Fla. L. Weekly D1964a GLORIA S. GRAHAM, as Trustee of the WILLIAM J. GRAHAM TRUST DATED JUNE 16, 1968, et al., Appellants, v. RANDY E. VIRGIL, SR., as Personal Representative of the ESTATE OF RANDY E. VIRGIL, JR., et al., Appellees. 4th District. Case No. 4D21-877. September 1, 2021. Appeal of nonfinal order from Read More »
Articles
Criminal law — Probation revocation — Order — Correction — Remand for entry of revocation order which conforms with trial court’s oral pronouncement regarding conditions violated
46 Fla. L. Weekly D1942a BOBBY F. YOUNG, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District. Case No. 2D20-125. September 1, 2021. Appeal from the Circuit Court for Charlotte County; Donald H. Mason, Judge. Counsel: Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Read More »
Criminal law — Racketeering — Fraud — Evidence — Experts — Trial court properly excluded all testimony of defendant’s financial forensics expert because it failed to satisfy all three Daubert requirements — Defendant failed to show that any expert’s testimony was admissible even outside the Daubert context — Trial court did not abuse its discretion in limiting expert’s proffer to one hour — Even if trial court erred in limiting proffer, defendant failed to show what testimony was left out — Trial court did not abuse its discretion by excluding financial audit reports despite their alleged relevance to show oversight and lending agreements — Audit reports were not relevant to disprove fraudulent activity, and defendant drew no connection from evidence that he loaned money to the victims to any offense alleged by the state
46 Fla. L. Weekly D1929a MARCUS MAY, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 1D18-5153. August 26, 2021. On appeal from the Circuit Court for Escambia County. Thomas V. Dannheisser, Judge. Counsel: William R. Ponall of Ponall Law, Maitland, and Whitney S. Boan of Whitney S. Boan, P.A., Orlando, for Appellant. Ashley Read More »
Insurance — Homeowners — Water damage — Trial court erred in granting summary judgment in favor of insurer in action brought by homeowner after insurer denied claim for damage caused by water pouring from roof through ceilings and walls of home on ground that damage was not result of covered peril — There was genuine issue of material fact as to what damaged roof of home and whether opening in roof was created by a windstorm, which was a covered peril
46 Fla. L. Weekly D1877b CARLOS VEGA, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D19-2214. L.T. Case No. 16-9441. August 18, 2021. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Giasi Law, P.A., Melissa A. Giasi and Erin M. Berger (Tampa), for appellant. Cole Scott Read More »
Insurance — Homeowners — Misrepresentations on application — Trial court properly entered summary judgment for insurer in insureds’ action against insurer on basis that insureds failed to report two prior claims for water damage — Although insurer did not plead misrepresentation as affirmative defense, raising issue for first time in motion for summary judgment, issue was tried by consent — Omission on application was material where insurer would not have issued policy had it known of the prior claims — Insurer did not waive right to rescind policy by its post-loss actions
46 Fla. L. Weekly D1869b JERMAINE NEMBHARD and DONNETTE NEMBHARD, Appellants, v. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D20-1383. L.T. Case No. 17-1852. August 18, 2021. An Appeal from the Circuit Court for Miami-Dade County, Martin Zilber, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi and Erin M. Berger Read More »