47 Fla. L. Weekly D1672a THERESA GROMANN, Appellant, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-1896. August 10, 2022. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John S. Kastrenakes, Judge; L.T. Case No. 50-2017-CA-004244-XXXX-MB. Counsel: Monique A. Low of David Low & Associates, P.A., Read More »
Articles
Torts — Dismissal — Matters outside four corners of complaint — Action arising out of injuries sustained when plaintiff lost control of vehicle after he drove over defect in roadway that was covered with water and struck guardrail — Trial court did not err in dismissing with prejudice claims against owners of property abutting roadway alleging they negligently failed to maintain proper elevation of swale area by roadway as required by provision of county code — Trial court did not consider matters outside four corners of complaint when it determined that county code provision making property owners responsible for maintaining proper elevations within swale did not impose a legal non-delegable duty on property owners for injuries to motorists on roadway — Further, complaint did not allege that accumulated water caused defect in roadway, did not contend that property owners had duty to repair defect in roadway, did not allege that the accident occurred in swale area which owners had duty to maintain, and did not allege that owners had any prior warning or knowledge of defect in roadway or accumulation of water that allegedly resulted because of the swale
47 Fla. L. Weekly D1686a ALFREDO LOPEZ, Appellant, v. MIAMI-DADE COUNTY, etc., et al., Appellees. 3rd District. Case No. 3D22-162. L.T. Case No. 19-31342. August 10, 2022. An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge. Counsel: Giasi Law, P.A., Melissa A. Giasi and Erin M. Berger (Tampa), for appellant. Law Read More »
Attorney’s fees — Prevailing party — Appeal from order awarding attorney’s fees and costs and attorney’s fees for fees incurred in litigating amount of fees reversed in light of appellate court’s reversal of substantive portion of summary judgment on which awards were based and remand with instructions — Reversal is without prejudice to filing new appeal after trial court has concluded its labor
47 Fla. L. Weekly D1585a NEW HORIZONS CONDOMINIUM MASTER ASSOCIATION, INC., Appellant, v. ROBERT HARDING AND FIFTH HORIZONS CONDOMINIUM, INC., Appellees. 3rd District. Case No. 3D21-810. L.T. Case No. 16-27442. July 27, 2022. An Appeal from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge. Counsel: Scott J. Edwards, P.A., and Scott J. Edwards Read More »
Insurance — Property — Insured’s action against insurer — Error to enter summary judgment in favor of insurer where there were factual issues as to insured’s compliance with post-loss obligations and any ensuing prejudice — Remand for further proceedings
47 Fla. L. Weekly D1647a ELIZABETH NESBITT, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D21-1126. L.T. Case No. 15-30190. August 3, 2022. An appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi, and Erin M. Berger (Tampa), for appellant. Bickford & Read More »
Insurance — Homeowners — Assignee’s breach of contract action against insurer — Attorney’s fees — Prevailing party — Insurer was not entitled to summary judgment in its favor after paying post-lawsuit appraisal award within time limit required by the policy where appraisal process confirmed that insurer had wrongly denied paying assignee a specified amount of benefits under the policy — Payment of postsuit appraisal award did not render case moot — Remand for further proceedings on assignee’s claim for attorney’s fees and costs
47 Fla. L. Weekly D1623a SYNERGY CONTRACTING GROUP, INC. a/a/o TERRY and PATRICIA CLARK, Appellant, v. FEDNAT INSURANCE COMPANY f/k/a FEDERATED NATIONAL INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D21-149. August 3, 2022. Appeal from the County Court for Pinellas County; John Carassas, Judge. Counsel: Andrew Graf, Celebration, for Appellant. Lara E. Breslow and David Read More »