47 Fla. L. Weekly D1198d RICHARD LEMON AND LEANNE LEMON, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 5th District. Case No. 5D21-2771. L.T. Case No. 2018-CA-057724-X. June 3, 2022. Appeal from the Circuit Court for Brevard County, Curt Jacobus, Judge. Counsel: Matthew G. Struble and Christine M. Deis, of Struble, P.A., Indialantic, for Appellants. Robert Read More »
Articles
Civil procedure — Summary judgment — Trial court did not err in considering plainitff’s facts as undisputed and granting final summary judgment where defendant failed to respond as required by the amended rule 1.510 — Amended rule requires the nonmoving party to file a response — Trial court rejects argument that defendant’s prior motion for summary judgment, filed seven months prior to plaintiff’s motion, satisfied mandatory requirement — Although the trial court is permitted to consider other materials in the record when ruling on a motion for summary judgment, it is not required to do so, as the amended rule states that the court need consider only the cited materials
47 Fla. L. Weekly D1239a LLOYD S. MEISELS, P.A., d/b/a CORAL SPRINGS ANIMAL HOSPITAL, a Florida corporation, and CHRISTOPHER MCLAUGHLIN, DVM, Appellants, v. STEVEN DOBROFSKY, Appellee. 4th District. Case No. 4D21-2397. June 8, 2022. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; John Hurley, Judge; L.T. Case No. CONO18-008000. Counsel: Victor Read More »
Civil procedure — Dismissal — Trial court abused its discretion by dismissing first amended complaint with prejudice without affording plaintiff an opportunity to amend where plaintiff had not abused privilege to amend, record supports conclusion that allowing amendment would not prejudice defendant, and proposed amendments were not futile
47 Fla. L. Weekly D1252a ARNOLD J. HARRISON, individually and on behalf of R.H. and all those similarly situated, Appellant, v. DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE and BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., a Florida not for profit corporation, Appellees. 1st District. Case No. 1D20-101. June 8, 2022. On Read More »
Jurisdiction — Federal — Declaratory Judgment Act — Issues disputed in state court proceedings — District court overstepped the bounds of its discretion when it dismissed federal complaint because it overlapped significantly with pending state court action after fully assessing only one of the two claims for declaratory relief, rather than both of the claims — District court also erred when it assessed whether federal and state cases were “parallel” as prerequisite to considering guideposts set out by Eleventh Circuit in Ameritas Variable Life Ins. Co. v. Roach — Analysis of federalism and comity concerns generated by competing cases, as well as the comparative utility of the declaratory judgment action, is not restricted to set of factors set forth in Ameritas, but is properly characterized as a “totality-of-the-circumstances analysis,” which requires a complete understanding of the competing interests — Discussion of Act’s jurisdictional provision and precedents developed to aid district courts in balancing competing state and federal interests, including Ameritas factors — Determining whether federal and state cases are “parallel” is not a prerequisite to considering Ameritas guideposts because the guideposts themselves account for the interests presented by competing state and federal lawsuits — Nothing in instant action, in which general liability insurer sought declaration concerning applicability of policy’s limitation of coverage for assault and battery to bodily injury sustained in shooting on insured’s premises and the application of workers’ compensation and employer-liability exclusions to state-court tort claims against its insured, warrant declining jurisdiction
29 Fla. L. Weekly Fed. C1142 JAMES RIVER INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellant, v. RICH BON CORP., a Florida corporation d.b.a. The Mint Lounge, MARQUELL SHELLMAN, an individual, DAINA HILBERT, as Personal Representative of the Estate of David Hilbert, Defendants-Appellees. 11th Circuit. Case No. 20-11617. May 23, 2022. Appeal from the U.S. District Court Read More »
Insurance — Homeowners — Loss inspection — Video and audio recording — Trial court erred by ruling that insurance policy did not permit insureds to video and audio record insurer’s agent’s inspection of a property loss where policy was silent as to video or audio recording — Insurance adjuster did not have a legitimate expectation of privacy while inspecting insureds’ home
47 Fla. L. Weekly D1178a RYAN D. GESTEN and ANDREA GESTEN, Appellants, v. AMERICAN STRATEGIC INSURANCE CORP., Appellee. 4th District. Case No. 4D21-1851. June 1, 2022. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Joseph George Marx, Judge; L.T. Case No. 502019CA015181XXXXMB. Counsel: Samuel Alexander of Alexander Appellate Law, P.A., Read More »