48 Fla. L. Weekly D977a JODI GARCIA, Appellant, v. SOUTHERN CLEANING SERVICE, INC., Appellee. 1st District. Case No. 1D22-164. May 10, 2023. On appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Counsel: William D. Hall, Tallahassee, for Appellant. Diane M. Longoria and J. Andrew Talbert of Quintairos, Prieto, Wood & Boyer, P.A., Read More »
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Appeals — Non-final orders — Appeal from order denying motion for entry of amended final judgment dismissed for lack of jurisdiction because no final judgment was entered — Orders purporting to be “final judgments” failed to address interrelated tort claims asserted by plaintiff — Although record indicated that parties had settled tort claims, neither terms of settlement nor anything disposing of those claims followed — Rule 1.420, which provides path for disposition of claims by way of stipulation, without need for court order, does not apply were parties did not file stipulation of dismissal in instant case
48 Fla. L. Weekly D944a NED C. BOWERS, Appellant, v. ORANGE COUNTY, Appellee. 6th District. Case No. 6D23-1179. L.T. Case No. 2013-CA-4568-O. May 5, 2023. Appeal from the Circuit Court for Orange County. Kevin B. Weiss, Judge. Counsel: Michael M. Brownlee, of The Brownlee Law Firm, P.A., Orlando, and Lindsey Lawton, of the Brownlee Law Read More »
Insurance — Residential or commercial property — Insured’s action against insurer — Conditions precedent — Notice of intent to initiate litigation — Presuit notice requirement of section 627.70152 is procedural in nature and applies retroactively to policies in effect at time statute was enacted — Trial court did not err in dismissing complaint for failure to comply with presuit notice requirements — Argument that subsection (8) of statute changed manner in which attorney’s fees are awarded and therefore impairs substantive rights is not relevant to appellate court’s determination — Moreover, even if attorney’s fees were at issue, simply because attorney’s fees provision is substantive and not able to be applied retroactively does not mean that presuit notice provision in separate subsection cannot be applied retroactively
48 Fla. L. Weekly D916a HERMAN COLE, Appellant, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D22-1054. May 3, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John Bowman, Judge; L.T. Case No. CACE 21-015167. Counsel: Margaret E. Garner and Chad Weatherstone of Katranis, Wald & Read More »
Insurance — Property — Coverage — Named windstorms — Hurricane damage — Insured sued property insurer for breach of contract and sought a declaration that a pair of insurance policies covered losses resulting from “named windstorms,” Hurricane Matthew and Hurricane Irma — Both policies cover named windstorms — Whatever the extrinsic evidence may suggest about contracting parties’ subjective intentions and expectations, plain language of Irma policy unambiguously covers losses caused by named windstorms — Whatever the evidence of the parties’ subjective intentions and expectations, the Matthew policy, although potentially ambiguous, covers losses caused by named windstorms pursuant to the contra proferentem canon, according to which ambiguous insurance contracts are construed in favor of coverage and against insurer
29 Fla. L. Weekly Fed. C2360a SHILOH CHRISTIAN CENTER, Plaintiff-Appellant, v. ASPEN SPECIALTY INSURANCE COMPANY, Defendant-Appellee. 11th Circuit. Case No. 22-11776. April 13, 2023. Appeal from the U.S. District Court for the Middle District of Florida (No. 6:20-cv-01774-CEM-LHP). (Before JILL PRYOR, NEWSOM, and GRANT, Circuit Judges.) (NEWSOM, Circuit Judge.) This is an insurance case. Fear Read More »
Appeals — Timeliness — Tolling — Rehearing — Appeal filed more than thirty days after rendition of order dismissed as untimely — Successive motions for rehearing were unauthorized and failed to further toll rendition — Appellate court lacks jurisdiction to review orders denying motion for rehearing
48 Fla. L. Weekly D723a CRYSTAL COLVIN a/k/a CRYSTAL COLLINS, Appellant, v. RUDOLFO LONGORIA and DIANA LONGORIA; and UNKNOWN TENANT #1, Appellees. 2nd District. Case No. 2D22-3430. April 12, 2023. Appeal pursuant to Fla. R. App. P. 9.130 from the County Court for Hillsborough County; J. Logan Murphy, Judge. Counsel: N. Burton Williams, Apollo Beach, Read More »