47 Fla. L. Weekly D1899b CHRIS THOMPSON, P.A. a/a/o ELMUDE CADAU, Appellant, v. GEICO INDEMNITY COMPANY, Appellee. 4th District. Case Nos. 4D21-1820 and 4D21-2310. September 14, 2022. Consolidated appeals from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Sandra Bosso-Pardo, Judge; L.T. Case No. 502018SC011039XXXXMB. Counsel: Douglas H. Stein of Douglas H. Read More »
Articles
Appeals — Certiorari — Discovery orders — Spoliation of evidence — Sanctions — Challenge to trial court’s adoption of special master’s report and recommendation on imposition of sanctions for defendants’ hindering and delaying discovery, including finding that defendants were aware of their duty to preserve evidence that was crucial to plaintiff’s prima facie case but destroyed certain records in whole or in part with intent to deprive plaintiff of the information; and recommendation that the trial court presume that lost information was unfavorable to defendants and instruct jury that it must presume that missing information was unfavorable to defendants — Petition for writ of certiorari denied based on petitioners’ failure to establish irreparable injury that cannot be remedied on appeal — Instructing jury that it must presume that unproduced material was unfavorable to defendants did not preclude defendants from presenting material evidence and argument against the presumption or cause injury that cannot be remedied on appeal — Trial court’s ratification and acceptance of special magistrate’s fees and costs recommendation did not amount to irreparable injury
47 Fla. L. Weekly D1875a SEAWAY BILTMORE, INC., et al., Petitioners, v. GRACE ABUCHAIBE, Respondent. 3rd District. Case No. 3D22-674. L.T. Case No. 17-2962. September 14, 2022. On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Jackson Lewis P.C. and Pedro J. Torres-Díaz and Shayla Read More »
Civil procedure — Default — Vacation — Service of process — Defects — Constructive service by publication was insufficient to confer personal jurisdiction over defendant in action seeking money judgment for breach of contract and unjust enrichment — Waiver — Fact that defendant may have been evading personal service and might have had actual knowledge of action against him was legally irrelevant in this context — Service of process and resulting default were void and “constitutionally deficient”
47 Fla. L. Weekly D1854a ROGER F. QUISENBERRY, Appellant, v. DOUGLAS M. BATES, Appellee. 4th District. Case No. 4D20-2252. September 7, 2022. Appeal of non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carol-Lisa Phillips, Judge; L.T. Case No. CACE18-016637. Counsel: Andrew M. Schwartz of Andrew M. Schwartz, P.A., Boca Raton, Read More »
Insurance — Coverage — Partial summary judgment — Appeals — Appellate court lacks jurisdiction to review partial summary judgment order which only resolved a declaratory judgment count while leaving insureds’ claims for fraud in the inducement and breach of contract unresolved — Appeal is premature because the cause of action disposed of by the partial summary judgment could not be maintained independently of the other remaining causes of action; all claims were between the same parties; and the factual underpinning for the claim seeking declaratory relief overlaps extensively, if not entirely, with the facts underlying the breach of contract claim, rendering the claims interrelated
47 Fla. L. Weekly D1838a HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. PATRICK FRASER and ALICE JACOBS, Appellees. 3rd District. Case No. 3D21-0866. L.T. Case No. 18-8930. September 7, 2022. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Cole, Scott & Kissane, P.A., and Mark D. Tinker (Tampa), Read More »
Torts — Legal malpractice — Limitation of actions — Accrual of cause of action — Trial court properly entered final judgment of dismissal in favor of defendants in action alleging defendants failed to properly counsel clients with respect to various agreements/transactions and failed to properly draft those agreements in manner consistent with clients’ best interests where action was filed more than two years after plaintiffs suffered economic loss due to defendants’ alleged negligence — Trial court did not err by applying “first-injury rule,” rather than “finality accrual rule,” to plaintiffs’ transactional legal malpractice claims, despite pendency of a related third party’s bankruptcy case — Fact that plaintiffs might obtain some or all of their losses via third party litigation does not alter analysis of when malpractice claim accrued
47 Fla. L. Weekly D1836a IGOR MIKHAYLOV, et al., Appellants, v. BILZIN SUMBERG BAENA PRICE & AXELROD LLP, Appellee. 3rd District. Case No. 3D20-1627. L.T. Case No. 20-2762. September 7, 2022. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Ratzan Weissman & Boldt, and Kimberly L. Boldt and Ryan Read More »