50 Fla. L. Weekly S167a STEAK N SHAKE, INC., Petitioner, v. WILFRED RAMOS, JR., Respondent. Supreme Court of Florida. Case No. SC2024-0099. July 10, 2025. Application for Review of the Decision of the District Court of Appeal Certified Direct Conflict of Decisions. Second District – Case No. 2D2022-3465 (Hillsborough County). Counsel: J. Robert McCormack and Read More »
Articles
Insurance — Uninsured motorist — Coverage — Damages — Judgment — Trial court erred by entering judgment for the net jury verdict where plaintiff’s bad faith claim was still pending — Judgment must be within policy limits and may only reference the net verdict as the measure of damages if the plaintiff later prevails on the bad faith claim
50 Fla. L. Weekly D1454a STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CATHERINE HUDNALL, Appellee. 5th District. Case No. 5D2024-0922. L.T. Case No. 2017-CA-003146. July 3, 2025. On appeal from the Circuit Court for Duval County. G.L. Feltel, Jr., Judge. Counsel: Warren B. Kwavnick, of Cooney Trybus Kwavnick Peets, Fort Lauderdale, for Appellant. Brian Read More »
Jurisdiction — Non-residents — Venue — Tortious act in state — Minimum contacts — Trial court’s denial of non-resident defendant’s motion to dismiss for lack of personal jurisdiction and improper venue affirmed
50 Fla. L. Weekly D1448a JOHN-LAWRENCE AFRIYIE, Appellant, v. LOUIS FRIEND, Appellee. 3rd District. Case No. 3D25-0412. L.T. Case No. 25-218-CA-01. July 2, 2025. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge. Counsel: John-Lawrence Afriyie, in proper person. Maguire & Friend, P.A., and Michael R. Friend, Read More »
Torts — Premises liability — Supermarket — Transitory foreign substance on floor — Trial court did not err by entering summary judgment in favor of defendant where record was devoid of evidence that defendant had either actual or constructive knowledge of presence of substance
50 Fla. L. Weekly D1333a HECTOR GARCIA, Appellant, v. WINN-DIXIE STORES, INC., Appellee. 3rd District. Case No. 3D24-0010. L.T. Case No. 20-6509. June 18, 2025. An Appeal from the Circuit Court for Miami-Dade County, Vivianne del Rio, Judge. Counsel: Shannin Law Firm, P.A., and Nicholas A. Shannin and Dayna Maeder (Orlando), for appellant. Cosio Law Read More »
Torts — Automobile accident — Damages — Future medical expenses — Evidence — Expert — New opinion — Trial court erred by admitting into evidence a cost estimate for plaintiff’s radiofrequency ablation treatment and treating physician’s corresponding testimony where estimate was not prepared or disclosed until after trial had begun, and physician was unable to provide even a rough estimate of total cost during her pre-trial deposition because she lacked personal knowledge — Although defendant was aware of physician’s treatment recommendation, cost estimate and testimony constituted new, undisclosed evidence which subjected defendant to trial by ambush — Defendant could not cure prejudice by having his expert testify about reasonableness of cost estimate where, given timing of new evidence and trial court’s denial of a motion for continuance, defense counsel had insufficient opportunity to consult with defendant’s expert
50 Fla. L. Weekly D1347c JOHN A. MILLER, Appellant, v. JANAY CONNEY, Appellee. 1st District. Case No. 1D2023-1919. June 18, 2025. On appeal from the Circuit Court for Alachua County. Gloria R. Walker, Judge. Counsel: Hinda Klein and Samuel B. Spinner of Conroy Simberg, Hollywood, for Appellant. Michael J. Korn of Korn & Zehmer, P.A., Read More »