29 Fla. L. Weekly Fed. C2515a POSITANO PLACE AT NAPLES I CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, POSITANO PLACE AT NAPLES II CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, POSITANO PLACE AT NAPLES III CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, POSITANO PLACE AT NAPLES IV CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, Plaintiffs-Appellees, Read More »
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Insurance — Property — Coverage — Hurricane damage — Insurer filed motion for new trial after jury found that insurer breached terms of insurance policy when it denied insured’s claim for damages caused by hurricane and that insured’s covered damages amounted to $9,280,000 — District court properly denied insurer’s motion for new trial arguing that jury’s damages award was excessive — Jury’s damages award was not so inordinately large as obviously to exceed the maximum limit of a reasonable range within which the jury may properly operate, given the evidence in the record and the deference due the jury’s factual determinations and the district court
29 Fla. L. Weekly Fed. C2557a AM GRAND COURT LAKES LLC, AM 280 SIERRA DRIVE LLC, Plaintiffs-Counter Defendants-Appellees, v. ROCKHILL INSURANCE COMPANY, Defendant-Counter Claimant-Appellant. 11th Circuit. Case No. 20-13954. June 5, 2023. Appeal from the U.S. District Court for the Southern District of Florida (No. 1:18-cv-23576-KMW). (Before JILL PRYOR, NEWSOM, and GRANT, Circuit Judges.) (JILL Read More »
Insurance — Property — Coverage — Standing — Assignment of benefits — Insured’s action against insurer — Trial court erred in finding that insured lacked standing to sue insurer for breach of contract based on determination that insured had assigned her policy rights to third-party contractor — Assignment of benefits did not extinguish insured’s standing to sue insurer where scope of assignment was limited to the work performed by contractor, and contractor had failed to perform any work
48 Fla. L. Weekly D1118a MARGIE SALYER, Appellant, v. TOWER HILL SELECT INSURANCE COMPANY AND MASON DIXON CONTRACTING, INC., Appellees. 5th District. Case No. 5D22-345. L.T. Case Nos. 2019-CA-200, 2020-CA-1141. June 2, 2023. Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Senior Judge. Counsel: Geoffrey B. Marks, of Law Offices of Geoffrey Read More »
Civil procedure — Amended summary judgment rule does not provide that summary judgment may be granted based solely on nonmovant’s failure to respond — If party fails to properly support an assertion of fact or to properly address another party’s assertion of fact as required by rule 1.510(c), court may, among other things, consider that fact undisputed for purposes of the motion or may grant summary judgment if the motion and supporting materials, including the facts considered to be undisputed, show that movant is entitled to it — Rule also requires trial court to state on the record the reasons for granting or denying motion — Trial court’s stated reason that it had “no alternative but to find that” facts were undisputed because of plaintiff’s failure to respond did not support a conclusion that defendant was entitled to summary judgment as a matter of law — To extent trial court believed it lacked discretion to engage in any analysis because of nonmovant’s failure to respond, this was error — Remand for further proceedings
48 Fla. L. Weekly D1102b NATALIA DEMARCO FUENTES, Appellant, v. LUXURY OUTDOOR DESIGN, INC., a Florida for profit corporation, ROBERT COGGINS, an individual, and ROBERT ANASTASI, an individual, Appellees. 4th District. Case No. 4D22-332. May 31, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Keathan Frink, Judge; L.T. Case No. Read More »
Civil procedure — Default — Relief from judgment — Insufficient service of process — Motion for enlargement of time to respond does not constitute general appearance and does not waive defense of lack of jurisdiction for insufficient service of process — Trial court erred by denying motion for relief from default judgment based on finding that insufficient service defense was waived because attorney who filed motion did not have authority to appear on behalf of movant — Remand for further proceedings
48 Fla. L. Weekly D1101h SUPERIOR BROKERAGE SERVICES, INC., Appellant, v. ELYAHU MADUEL and DISTR. MED. LLC, Appellees. 4th District. Case No. 4D23-876. May 31, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. CACE20-007160. Counsel: Austin Grinder of the Ruth Law Team, St. Read More »