47 Fla. L. Weekly S238a IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE. Supreme Court of Florida. Case No. SC22-1040. September 8, 2022. Original Proceeding — Florida Bar Code and Rules of Evidence Committee. Counsel: Eric A. Hernandez, Chair, Code and Rules of Evidence Committee, Miami, Joshua E. Doyle, Executive Director, The Florida Bar, and Read More »
Articles
Insurance — Homeowners — Water damage — Assignee’s action against insurer — Enforcement — Conditions precedent — Trial court erred in granting motion to dismiss second amended complaint filed by secondary assignee on ground that assignment from insured to initial assignee was not provided to insurer within three business days after date on which assignment was executed or date on which work began — Complaint adequately pleaded compliance with all conditions precedent, and attachments to pleading did not negate assignee’s cause of action — Further, nothing on face of second amended complaint shows that insurer was prejudiced by any failure to comply with notice requirements of statute — Showing of prejudice is required by section 627.7152(3)
47 Fla. L. Weekly D1802a NATIONAL CLAIMS FUNDING COMPANY, LLC, a/a/o STELLA RESTORATION, LLC, a/a/o MINOUDE JEAN LOUIS, Appellant, v. SECURITY FIRST INSURANCE COMPANY, a Florida corporation, Appellee. 4th District. Case No. 4D21-2331. August 31, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Frank Castor, Judge; L.T. Case No. Read More »
Insurance — Homeowners — Coverage — Summary judgment — Order granting summary judgment in favor of insurer is reversed where order failed to state trial court’s reasons for granting the motion on the record as required by rule 1.510
47 Fla. L. Weekly D1819a JOSE R. DE CARDENAS, et al., Appellants, v. WHITE PINE INSURANCE COMPANY, etc., Appellee. 3rd District. Case No. 3D21-1251. L.T. Case No. 19-6671. August 31, 2022. An Appeal from the Circuit Court for Miami-Dade County, Carlos Guzman, Judge. Counsel: Viera Yague, PLLC, and Fred Viera and Isabel Yague, for appellants. Read More »
Insurance — Proposal for settlement — Trial court erred when it altered insurer’s original PFS without insurer’s consent, permitted insureds to accept the altered PFS after time to accept original PFS had expired, and ordered insurer to comply with the altered PFS — Remanded with instructions
47 Fla. L. Weekly D1804b UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. MARIA GURREONERO and JOSE GURREONERO, Appellees. 4th District. Case No. 4D22-1378. August 31, 2022. Appeal of nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE-20-010803. Counsel: Elizabeth K. Russo of Read More »
Attorney’s fees — Costs — Offer of judgment — No error in denying motion claiming entitlement to attorney’s fees under section 768.79 after action against appellant was dismissed without prejudice, and subsequent amended complaint did not name appellant as a defendant — Likewise, section 57.041(1) did not provide a basis for appellant to recover his costs because no adjudication on merits occurred — Trial court’s involuntary dismissal without prejudice did not constitute a judgment on the merits — Because trial court entered the involuntary dismissal, the subsequent dismissal of appellant by plaintiff failed to trigger adjudication on the merits “second dismissal” provision under rule 1.420(a)(1) — Appellant was entitled to costs under rule 1.420(d) where trial court acted under rule 1.420(b) in voluntarily dismissing complaint against appellant, and action concluded with respect to appellant
47 Fla. L. Weekly D1738a JOHN ANNESSER, Appellant, v. INNOVATIVE SERVICE TECHNOLOGY MANAGEMENT SERVICES INC., Appellee. 3rd District. Case No. 3D19-2429. L.T. Case No. 17-12030. August 17, 2022. An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge. Counsel: Annesser Armenteros, PLLC, and John W. Annesser, Miguel Armenteros and Megan Conkey Gonzalez, for Read More »