48 Fla. L. Weekly D1190a JOSEPH SILVIA, Appellant, v. CASTLE KEY INSURANCE COMPANY, Appellee. 1st District. Case No. 1D21-3889. June 14, 2023. On appeal from the Circuit Court for Washington County. Timothy Register, Judge. Counsel: Stephanie A. Taylor and J. Phillip Warren of Taylor, Warren & Weidner, P.A., Pensacola, for Appellant. Jerry D. Sanders of Read More »
Articles
Civil procedure — Discovery — Attorney-client privilege — Waiver — Appeals — Certiorari — Trial court departed form essential requirements of the law by compelling production of all communications between plaintiffs and plaintiffs’ attorney based on determination that plaintiffs had waived attorney-client privilege by attaching a single, non-substantive attorney-client email to their affidavit in support of summary judgment — There was no evidence that disclosure was voluntary, and inadvertent disclosure of attorney-client communications does not automatically constitute a waiver of attorney-client privilege — Although plaintiffs had waived privilege by failing to follow procedures of rule 1.285(a) following the inadvertent disclosure, the waiver was limited to the email itself and did not extend to all communications between the plaintiffs and their attorney’s office — Selective disclosure doctrine was inapplicable where email did not pertain to any substantive issue in case and was not relied upon in any way
48 Fla. L. Weekly D1216a STEPHEN PETZOLD and BRIDGET PETZOLD, Petitioners, v. JOHN S. CASTRO and LAUREN E. CASTRO, Respondents. 2nd District. Case No. 2D22-4024. June 16, 2023. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge. Counsel: Nicholas L. Sellars of Peterson & Myers, P.A., Lakeland, for Read More »
Insurance — Personal injury protection — Coverage — Conditions precedent — Examination under oath — Failure to comply — Trial court erred by entering summary judgment in favor of provider based on determination that insurer was not prejudiced by the insured’s failure to appear for two examinations under oath because insurer failed to notify insured’s attorney about the EUO’s — It was error to find that insurer failed to notify insured’s attorney where, although insured claimed to have an attorney in a telephone conversation with insurer’s special investigator, there was no express notification from an attorney stating that he or she represented insured and requesting notice of any action from insurer — Furthermore, because submitting to an EUO was a condition precedent to receipt of PIP benefits under statute and policy, prejudice was not an element of insurer’s affirmative defense — Because plain language of statute and policy required insured to submit to an examination under oath, insured’s failure to submit to a properly noticed examination under oath barred receipt of benefits
48 Fla. L. Weekly D1130b INFINITY AUTO INSURANCE COMPANY, Appellant, v. MIAMI OPEN MRI, LLC a/a/o Rolando Amador, Appellee. 3rd District. Case No. 3D22-0948. L.T. Case No. 17-10295 SP. June 7, 2023. An Appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge. Counsel: Gladys Perez Villanueva; Law Offices of Terry M. Torres Read More »
Attorney’s fees — Offer of judgment — Entitlement to fees — It is not necessary for a party to prevail in a proceeding to be entitled to fees under section 768.79 — Statute is not a prevailing-party statute, but rather operates to penalize a party who refuses to accept a good-faith proposal for settlement
48 Fla. L. Weekly S110a BRINDA COATES, etc., Petitioner, v. R.J. REYNOLDS TOBACCO COMPANY, Respondent. Supreme Court of Florida. Case No. SC2021-0175. June 15, 2023. Application for Review of the Decision of the District Court of Appeal Direct Conflict of Decisions/Certified Great Public Importance. Fifth District — Case No. 5D19-2549 (Orange County). Counsel: Jonathan A. Read More »
Attorney’s fees — Proposal for settlement — Appeals — Award of fees affirmed where record shows that trial court considered each statutory factor, along with chronology of case and other relevant criteria, in awarding attorney’s fees and costs pursuant to rejected proposal for settlement
48 Fla. L. Weekly D1129b THE MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, Appellant, v. LEWIS TEIN, P.L., GUY LEWIS and MICHAEL TEIN, Appellees. 3rd District. Case No. 3D21-1391. L.T. Case No. 16-21856. June 7, 2023. An appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Saunooke Law Firm, P.A., and Robert Read More »