48 Fla. L. Weekly D71b AIRAM BULTE, Appellant, v. DOLLAR TREE STORES, INC., etc., Appellee. 3rd District. Case No. 3D22-18. L.T. Case No. 18-38119. January 4, 2023. An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge. Counsel: Schwed, Adams & McGinley, P.A., and Paul M. Adams (Palm Beach Gardens); Burlington & Rockenbach, Read More »
Articles
Attorney’s fees — Proposal for settlement — Ambiguities — Defendant’s proposal for settlement and release were clear and unambiguous notwithstanding supposed conflicting provisions in proposal and typographical error in general release consisting of use of an asterisk in place of the defendant’s name — Proposal and release stated with particularity relevant conditions and all non-monetary terms, and read as a whole, there were no ambiguities that could have reasonably affected plaintiff’s decision whether to accept proposal — Trial court erred by declining to enforce proposal for settlement
48 Fla. L. Weekly D47a PUBLIX SUPER MARKETS, INC., Appellant, v. SIERRA ALFORD, Appellee. 5th District. Case No. 5D21-2612. L.T. Case No. 2019-CA-036338-X. December 30, 2022. Appeal from the Circuit Court for Brevard County, Dale Curtis Jacobus, Judge. Counsel: Michael R. D’Lugo, of Wicker Smith O’Hara McCoy & Ford, P.A., Orlando, for Appellant. Brian J. Read More »
Torts — Premises liability — Trip and fall — Speed bumps — Duty to warn — Negligent maintenance — Action stemming from injuries plaintiff suffered after tripping over an unmarked speed bump at an apartment complex — No error in entering summary judgment in favor of apartment complex — Apartment complex owed no duty to warn where record shows that speed bump was open, obvious, and specifically known to plaintiff — Moreover, plaintiff admitted in deposition that she was not looking directly where she was going — Apartment complex breached no duty to exercise ordinary care to maintain premises in reasonably safe condition where nothing in record indicates that speed bump was an inherently dangerous condition that would cause injury — Even if speed bump was an inherently dangerous condition that would cause injury, speed bump was so open and obvious that apartment complex could reasonably expect plaintiff to protect herself from any purported danger
47 Fla. L. Weekly D2620a EILEEN SMITH, Appellant, v. WESTDALE ASSET MANAGEMENT, LTD. d/b/a ANGEL COVE APARTMENT HOMES, Appellee. 1st District. Case No. 1D22-231. December 12, 2022. On appeal from the Circuit Court for Escambia County. Coleman Lee Robinson, Judge. Counsel: Michael E. Fenimore of Michael E. Fenimore, P.A., Pensacola, for Appellant. Michael R. D’Lugo Read More »
Civil procedure — Summary judgment — Trial court abused its discretion in denying motion for rehearing of order granting summary judgment in favor of plaintiff in contract dispute, entered after defendant on three occasions filed last-minute motion for continuance of hearings on plaintiff’s motion, where evidence submitted by defendant by affidavit prior to summary judgment hearing indicating that he exercised his right to cancel in accordance with provision on face of contract established existence of material factual issue
47 Fla. L. Weekly D2636a YURGAL PASCAL, Appellant, v. BROWARD WATER CONSULTANTS, INC., etc., Appellee. 3rd District. Case No. 3D21-727. L.T. Case No. 17-22406 CC. December 14, 2022. An Appeal from the County Court for Miami-Dade County, Diana Gonzalez-Whyte, Judge. Counsel: Yurgal Pascal, in proper person. Schneider Law Firm, P.A., and Leslie Mark Schneider (Fort Read More »
Torts — Premises liability — Trip and fall — Speed bumps — Duty to warn — Negligent maintenance — Action stemming from injuries plaintiff suffered after tripping over an unmarked speed bump at an apartment complex — No error in entering summary judgment in favor of apartment complex — Apartment complex owed no duty to warn where record shows that speed bump was open, obvious, and specifically known to plaintiff — Moreover, plaintiff admitted in deposition that she was not looking directly where she was going — Apartment complex breached no duty to exercise ordinary care to maintain premises in reasonably safe condition where nothing in record indicates that speed bump was an inherently dangerous condition that would cause injury — Even if speed bump was an inherently dangerous condition that would cause injury, speed bump was so open and obvious that apartment complex could reasonably expect plaintiff to protect herself from any purported danger
47 Fla. L. Weekly D2620a EILEEN SMITH, Appellant, v. WESTDALE ASSET MANAGEMENT, LTD. d/b/a ANGEL COVE APARTMENT HOMES, Appellee. 1st District. Case No. 1D22-231. December 12, 2022. On appeal from the Circuit Court for Escambia County. Coleman Lee Robinson, Judge. Counsel: Michael E. Fenimore of Michael E. Fenimore, P.A., Pensacola, for Appellant. Michael R. D’Lugo Read More »