47 Fla. L. Weekly D89c JOSHUA MADDOX, Appellant, v. BRADY J. TROMBETTA, Appellee. 2nd District. Case No. 2D20-3663. January 5, 2022. Appeal from the Circuit Court for Hillsborough County; Paul L. Huey, Judge. Counsel: Kansas R. Gooden of Boyd & Jenerette, P.A., Miami; and Joanna S. Brunell of Boyd & Jenerette, P.A., Jacksonville, for Appellant. Read More »
Articles
Attorney’s fees — Offer of judgment — Torts — Legal malpractice — Trial court properly awarded attorney’s fees to attorney whose offer of judgment was rejected and who obtained judgment of no liability despite fact that attorney’s law firm was contractually obligated to indemnify, and did indemnify attorney — Statute permits recovery of fees “incurred on the defendant’s behalf” — Apportionment of fees between individual attorney and defendant law firm, which did not join in attorney’s offer of judgment, was not appropriate because fees incurred in defending both attorney and firm, which was sued under theory of respondeat superior/vicarious liability, were the same
46 Fla. L. Weekly D2575a AVRA JAIN, Appellant, v. BUCHANAN INGERSOLL & ROONEY PC, etc., et al., Appellees. 3rd District. Case No. 3D20-1529. L.T. Case No. 17-26857. December 1, 2021. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Boies Schiller Flexner LLP, and Bruce A. Weil, Steven W. Davis, Read More »
Workers’ compensation — Compensable injuries — Appeals — Competent, substantial evidence supported JCC’s finding that claimant was injured at work — Arguments consisting of references to contrary evidence do not warrant reversal
46 Fla. L. Weekly D2586d RANGER CONSTRUCTION INDUSTRIES, INC./CHARTER OAK FIRE INSURANCE CO. (TRAVELERS), Appellants, v. DALLAS BRAND, Appellee. 1st District. Case No. 1D20-3711. December 1, 2021. On appeal from an order of the Office of the Judges of Compensation Claims. Thomas W. Sculco, Judge. Date of Accident: July 9, 2018. Counsel: Steven H. Preston Read More »
Attorney’s fees — Offer of judgment — Insurance — Circuit court sitting in its appellate capacity departed from essential requirements of law when it conditioned award of attorney’s fees to insurer on insurer’s prevailing at trial instead of on insurer’s satisfying all the requirements of section 768.79 where fee award was based upon offer of settlement
46 Fla. L. Weekly D2601a SUPERIOR AUTO GLASS OF TAMPA BAY, INC. as assignee of DAVID GILBO and RONALD ROBBINS, Petitioner, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent. 2nd District. Case No. 2D20-3251. December 8, 2021. Petition for Writ of Certiorari to the Circuit Court for the Thirteenth Judicial Circuit for Hillsborough County, sitting in its Read More »
Torts — Automobile accident — Rear-end collision — Trial court erred by interpreting judicially created rear-end presumption of negligence to defeat defendant’s claim of comparative fault — Because there was admissible evidence that defendant was not sole cause of accident, presumption should have vanished and lost its legal effect — Trial court also erred in finding that comparative fault defense was unavailable because defendant could not specifically identify nonparty to whom she sought to allocate fault — Statute provides that defendant need only describe nonparty as specifically as possible when the nonparty’s identity is not known — New trial required on both liability and damages where challenged decision was made at beginning of proceeding and affected its entirety
46 Fla. L. Weekly D2548a CHRISTINE ANN CRIME, Appellant, v. JOHN LOONEY, Appellee. 1st District. Case No. 1D20-1183. November 24, 2021. On appeal from the Circuit Court in Duval County. Bruce Anderson, Judge. Counsel: Matthew J. Conigliaro of Carlton Fields, P.A., Tampa; William C. Gula and Skyler B. Trettis of Vernis & Bowling of St. Read More »