49 Fla. L. Weekly D104a SANDRA PEREZ CARBONELL, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 2nd District. Case No. 2D22-495. January 5, 2024. Appeal from the Circuit Court for Hillsborough County; Emily A. Peacock, Judge. Counsel: Jeremy D. Bailie of Weber, Crabb & Wein, P.A., St. Petersburg, for Appellant. Edgardo Ferreyra and Daniel S. Weinger Read More »
Articles
Contracts — Settlement agreement — Enforcement — Damages — Jurisdiction — Motion to enforce settlement agreement alleging that filing suit against defendant violated release provision of parties’ settlement agreement — Trial court lacked jurisdiction to award damages requested in motion to enforce settlement agreement where settlement agreement was silent with respect to damages due for the breach of the release provision of the agreement — Defendant essentially filed an action seeking general damages which was outside of the continuing jurisdiction of the trial court to adjudicate — Remedy for plaintiff’s alleged breach is to file a separate suit for breach of settlement agreement rather than a motion to enforce
49 Fla. L. Weekly D108c FLEETWING CORPORATION, Appellant, v. DAVID RICKETTS, Appellee. 6th District. Case No. 6D23-948. L.T. Case No. 2016CA-000137. January 5, 2024. Appeal from the Circuit Court for Polk County. Steven L. Selph & James A. Yancey, Judges. Counsel: Victor L. Chapman, of Barrett, Chapman & Ruta, P.A., Orlando, for Appellant. James C. Read More »
Insurance — Homeowners — Bad faith — Coverage defense — Insurer discovering that claim was excluded under policy when investigating bad faith claim — Trial court erred in granting summary judgment in favor of insurer based on determination that claim was not actually covered under the policy, despite fact that insurer had paid insured her full policy limit after appraisal — Argument that no liability exists because no coverage exists could have been raised in prior suit seeking appointment of an umpire — Liability determination by payment of policy limits is binding as a condition precedent to prosecute a first-party bad faith action — If the statutory obligation of the insurer to avoid a bad faith claim is to timely evaluate and pay benefits owed under the insurance policy, then the duty to evaluate the claim necessarily includes a duty to investigate the claim properly and promptly, including the cause of injury to the property
49 Fla. L. Weekly D89a SUSAN CINGARI, Appellant, v. FIRST PROTECTIVE INSURANCE COMPANY, Appellee. 4th District. Case No. 4D2022-2376. January 3, 2024. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Gerard Joseph Curley, Jr., Judge; L.T. Case No. 50-2020-CA-008364. Counsel: William D. Mueller, Elliot B. Kula, and W. Aaron Daniel Read More »
Torts — Premises liability — Slip and fall — Knowledge of dangerous condition — Trial court erred in granting summary judgment in favor of defendant based on determination that, because plaintiff could not meet her burden regarding how long puddle of water was on the floor, she could not establish defendant’s knowledge of the water under section 768.0755 — Plaintiff’s testimony regarding the puddle of water in which she slipped was sufficient to defeat summary judgment motion where testimony offered more than just a description of the water and included facts that created a question about whether the puddle was on the ground for a significant length of time
49 Fla. L. Weekly D86a ANA DEL CARPIO, Appellant, v. WESTERN BEEF OF FLORIDA, LLC, and WESTERN BEEF RETAIL, INC., Appellees. 4th District. Case No. 4D2022-3434. January 3, 2024. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Luis Delgado, Judge; L.T. Case No. 502018CA008129XXXXMB. Counsel: Ramon Rubio of Rubio Law Read More »
Torts — Premises liability — Trip and fall — Duty to warn — Uninvited licensee — Action arising out of injuries sustained when plaintiff tripped and fell on elevated apron of defendant’s concrete driveway as she was attempting to cross defendant’s property to access a public sidewalk — Trial court did not err in granting summary judgment in favor of defendant after finding that plaintiff was an uninvited licensee when she entered defendant’s property as a matter of her own convenience to access sidewalk — Discussion of difference between public invitee and uninvited licensee — No merit to plaintiff’s argument that because defendant obtained a county permit to install driveway, a portion of which was within the county right-of-way, this equated to an implied invitation for the public to use his driveway
49 Fla. L. Weekly D67a MELANIE CHADWELL NORRIS, Appellant, v. ALAN RODRIGUEZ and FLORA RODRIGUEZ, Appellees. 2nd District. Case No. 2D22-1457. December 29, 2023. Appeal from the Circuit Court for Hillsborough County; Anne-Leigh Gaylord Moe, Judge. Counsel: Raymond N. Seaford of Law Office of Raymond N. Seaford, P.A., Tampa, for Appellant. Kansas R. Gooden of Read More »