50 Fla. L. Weekly D757a MICHAEL PULWER, et al., Petitioners, v. ASANTE SAMUEL AND MAKIN MOVES 22, LLC, Respondents. 3rd District. Case No. 3D24-1941. L.T. Case No. 23-16940-CA-01. April 2, 2025. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge. Counsel: The Law Offices of Kent Harrison Robbins, P.A., Read More »
Articles
Attorney’s fees — Charging lien — Quantum meruit — Summary judgment — Disbursement of funds — Portion of summary judgment order directing immediate disbursement of funds being held in trust is stricken where attorney’s quantum meruit claim remains pending
50 Fla. L. Weekly D745g THE LAW OFFICES OF KEVIN C. AMBLER, P.A., d/b/a AMBLER LAW GROUP, Appellant, v. BAYFRONT SAME DAY SURGERY CENTER, LLC; BAYFRONT ANESTHESIA SERVICES, P.A.; BAYFRONT MEDICAL CENTER, INC.; MICHAEL J. ANTONELLI, D.O.; JEFFREY I. MARDER, M.D.; ROBERT LYNN SWYMER, CRNA; TRINA LEANNE ANTONELLI, CRNA; SANG HEE LEE, CRNA; MARIA S. Read More »
Insurance — Homeowners — Coverage — Evidence — Hearsay — Refresh recollection — Trial court did not err in allowing insurer’s corporate representative to testify regarding what was “going on at the property” — Corporate representative had obtained requisite personal knowledge to testify about insured’s claim and policy through his job duties and experience with insurer including managing all corporate representatives for insurer, being the record custodian for instant case, and reviewing insured’s claim and policy — No error in preventing insured from showing witnesses a photograph to refresh the witnesses’ recollections where witnesses gave no indication that they were unable to recall a fact at issue
50 Fla. L. Weekly D713a CAROL BOYD, Appellant, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D2024-0246. March 26, 2025. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Robinson, Judge; L.T. Case No. 2021CA018523XXXX. Counsel: Michael A. Cassel of Cassel & Cassel, P.A., Hollywood, for appellant. Read More »
Contracts — Settlement agreement — Coblentz agreement — Negotiated consent judgment between injured party and defendant whose insurance company denied coverage and declined to defend lawsuit — Plaintiffs not entitled to recover under agreement where trial court correctly found that insurer had no duty to defend or indemnify its insured
50 Fla. L. Weekly D702a FREEDOM OFFICES CORP., and MARIA BEHAR, Appellants, v. ROCKHILL INSURANCE COMPANY, et al., Appellees. 3rd District. Case No. 3D24-1339. L.T. Case No. 19-8418-CA-01. March 26, 2025. An Appeal from the Circuit Court for Miami-Dade County, Vivianne del Rio, Judge. Counsel: Law Offices of Victor K. Rones, P.A., and Victor K. Read More »
Insurance — Homeowners — Attorney’s fees — Proposal for settlement — Joint proposal — Validity — Property jointly owned by insureds as husband and wife — Trial court erred by awarding insurer attorney’s fees based on a rejected joint proposal for settlement it served on the insureds where proposal did not allow for each individual insured to independently accept or reject the proposal — Discussion of supreme court’s decision in Attorneys’ Title Insurance Fund, Inc. v. Gorka — Pursuant to Gorka, a proposal from a defendant to multiple plaintiffs which does not allow for each plaintiff to independently accept or reject the proposal is invalid — There is no exception for cases in which the multiple plaintiffs have a close personal or financial relationship
50 Fla. L. Weekly D739a Insurance — Homeowners — Attorney’s fees — Proposal for settlement — Joint proposal — Validity — Property jointly owned by insureds as husband and wife — Trial court erred by awarding insurer attorney’s fees based on a rejected joint proposal for settlement it served on the insureds where proposal did Read More »