49 Fla. L. Weekly S13a AMERICAN COASTAL INSURANCE COMPANY, Petitioner, v. SAN MARCO VILLAS CONDOMINIUM ASSOCIATION, INC., Respondent. Supreme Court of Florida. Case No. SC2021-0883. February 1, 2024. Application for Review of the Decision of the District Court of Appeal Certified Direct Conflict of Decisions. Sixth District – Case No. 6D23-9 (Polk County). Counsel: Patrick Read More »
Articles
Torts — Fraud — Civil remedies for criminal practices — Immunity — Litigation privilege — Judgment on pleadings — Appeals — Certiorari — Action alleging that defendant had falsified corporate documents to obstruct his removal from plaintiff company filed after parties had reached settlement in prior action seeking to remove defendant — Trial court did not depart from essential requirements of the law by denying defendant’s motion for judgment on the pleadings which alleged absolute immunity from suit by virtue of litigation privilege — Litigation privilege was inapplicable where complaint expressly alleged and sought liability for conduct that did not arise while any relevant litigation was ongoing and which was not necessarily preliminary or a prerequisite to it — Court rejects argument that defendant is nonetheless immune from present action because the disagreement about the truth or falsity of his representations was not only relevant to, but the genesis of, the prior lawsuit between the parties — Litigation privilege does not immunize allegedly fraudulent conduct merely because a lawsuit is later filed about it — Release in stock purchase agreement between the parties did not immunize defendant from suit — While defendant may have a valid affirmative defense to lawsuit by virtue of release, it does not render him immune from suit
49 Fla. L. Weekly D239a DANIEL DRISCOLL, Petitioner, v. ERIC KNELLINGER and U.S. FEDERAL CONTRACTOR REGISTRATION, INC., a Florida corporation, Respondents. 2nd District. Case No. 2D23-459. January 26, 2024. Petition for Writ of Certiorari to the Circuit Court for Pinellas County; Patricia Ann Muscarella, Judge. Counsel: Craig L. Berman of Berman Law Firm, P.A., St. Read More »
Torts — Premises liability — Slip and fall — Dismissal — Fraud on court — Trial court erred in dismissing for fraud on the court plaintiff’s entire personal injury action filed after she slipped and fell at defendant’s store where trial court did not appropriately balance policy favoring adjudication on merits with competing policies to maintain integrity of judicial system — Competent substantial evidence supported trial court’s finding that, clearly and convincingly, plaintiff had intentionally lied about extent of her movement limitations and pain after her fall in defendant’s store, and specific finding that plaintiff’s explanations for the discrepancies were not credible — Trial court abused discretion in dismissing entire action as a sanction — Trial court properly dismissed portion of claim for pain and suffering damages and lost wages because plaintiff’s repeated pretrial lies about her limitations and pain demonstrated her willingness to lie under oath at trial, which comprehensively infected the integrity of the action seeking pain and suffering and lost wages damages — Plaintiff should not be allowed to pursue pain and suffering or lost wages damages when such evidence is prone to rely on plaintiff’s subjective testimony — Plaintiff remains entitled to pursue claims for medical expenses occurring during her medical treatment because such claims can be determined by objective evidence without reliance on subjective testimony
49 Fla. L. Weekly D233a JONIDA GOGA, GENTIAN ZELKA, J.Z., a minor, and A.Z., a minor, Appellants, v. PUBLIX SUPERMARKETS, INC., Appellee. 4th District. Case No. 4D2023-0011. January 24, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara Anne McCarthy, Judge; L.T. Case No. CACE20-015950. Counsel: Annabel C. Majewski of Read More »
Wrongful death — Product liability — Asbestos — Mesothelioma — Causation — Product identification — Circumstantial evidence — Appeals — Standard of review
49 Fla. L. Weekly D203a LARRY D. SMITH, as Personal Representative of the Estate of Joan Smith, Appellant, v. CARLISLE INDUSTRIAL BRAKE & FRICTION, INC., Appellee. 1st District. Case No. 1D2021-2753. January 17, 2024. On appeal from the Circuit Court for Okaloosa County. Michael A. Flowers, Judge. Counsel: Mathew D. Gutierrez, The Ferraro Law Firm, Read More »
Insurance — Uninsured motorist — Argument — New trial — Action involving insured who had been seeking past medical expenses throughout trial before withdrawing that claim the day before closing arguments — Trial court did not abuse its discretion in denying insurer’s motion for new trial alleging that insured’s closing argument statement that, because insured was not seeking past medical expenses, insured’s medical experts did not have a “dog in the fight” had made jurors think that insurer misled them about the financial interests of insured’s witnesses and eviscerated insurer’s theme of the entire case, which was based on the bias and credibility of insured’s medical experts — Even if comments were misleading, comments were isolated and not so highly prejudicial and inflammatory that they deprived insurer of a fair trial
49 Fla. L. Weekly D217a STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CORA MATTHEWS, Appellee. 5th District. Case No. 5D22-1190. L.T. Case No. 2015-CA-000533. January 19, 2024. On appeal from the Circuit Court for Flagler County. Christopher A. France, Judge. Counsel: Warren B. Kwavnick, of The Law Office of Warren B. Kwavnick, PLLC, Pembroke Read More »