50 Fla. L. Weekly D2575a JARED SCHMELZER, Appellant, v. DEAN FRANKEL, Appellee. 3rd District. Case Nos. 3D24-1363 & 3D25-0139. L.T. Case No. 17-25652-CA-01. December 3, 2025. Appeals from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Counsel: Lawson Huck Gonzalez, PLLC, and Jason B. Gonzalez, Mathew D. Gutierrez and Carlos Haag (Tallahassee), Read More »
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Insurance — Homeowners — Bad faith — Civil remedy notice — Deficient notice — Extracontractual damages — Waiver — Trial court erred by entering summary judgment in favor of insurer based on finding that CRN was deficient because it asked for extra-contractual damages in form of attorney’s fees and costs — Discussion of supreme court’s decision in Talat Enterprise, Inc. v. Aetna Casualty & Surety Co. — Insurer waived argument that CRN was deficient for demanding extracontractual damages where insurer failed to raise issue in its response to CRN or any other time before arguing its motion for summary judgment four years later
50 Fla. L. Weekly D2563a CHAD FRISCO and MONIQUE FRISCO, Appellants, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D2024-0464. December 3, 2025. Appeal from the Circuit Court for Pasco County; Declan P. Mansfield, Judge. Counsel: Blair M. Fazzio and Jeffrey D. Groover of Kanner & Pintaluga, P.A., Boca Raton, for Appellants. Read More »
Torts — Premises liability — Summary judgment — Opposing evidence — Causation — Trial court erred in granting summary judgment in favor of defendant based upon portions of plaintiff’s deposition where she testified that her foot “gave up” and collapsed where plaintiff claimed in her interrogatory responses that it was rotten wood and green slippery moss-like substance on defendant’s boardwalk that caused fall, testified in her deposition that fall was caused by condition of wood, and presented photographs and other evidence sufficient to create genuine issue for trial
50 Fla. L. Weekly D2545c JAMI DUNLAP, Appellant, v. NEEDLE RUSH POINT OWNERS’ ASSOCIATION, INC., Appellee. 1st District. Case No. 1D2024-2012. December 3, 2025. On appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Counsel: Brian J. Lee of Morgan & Morgan, Jacksonville, for Appellant. Michael T. Stallings of Kirkland McGhee & Gann, Read More »
Insurance — Homeowners — Water damage — Settlement agreement — Enforcement — Attorney’s fees — Florida Insurance Guaranty Association — Covered claims — Trial court erred by determining that FIGA was required to pay portion of settlement agreement payable to assignee’s counsel for attorney’s fees and costs — Covered claims which FIGA pays must come from coverage within policy, and not merely from post-loss settlement agreement
50 Fla. L. Weekly D2520b FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellant, v. WATERFIRE RESTORATION, LLC, a/a/o JOVA SOSA, Appellee. 4th District. Case No. 4D2024-1787. November 26, 2025. Appeal from the County Court for the Nineteenth Judicial Circuit, St. Lucie County; Edmond W. Alonzo, III, Judge; L.T. Case No. 562021CC002178. Counsel: Dwight O. Slater of Conroy Read More »
Insurance — Homeowners — Property damage — Coverage — Water damage — Post-loss obligations — Trial court erred in entering amended final summary judgment in favor of homeowners in action against insurer arising out of water damage caused by plumbing system failure where genuine dispute of material fact existed as to whether homeowners substantially complied with post-loss obligation to provide insurer with all requested materials, including plumbing video
50 Fla. L. Weekly D2499e UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. EDUARDO ANDRES HERNANDEZ, et al., Appellees. 3rd District. Case No. 3D24-461. L.T. Case No. 20-2163-CA-01. November 19, 2025. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Link & Rockenbach, P.A., and Kara Rockenbach Link and Read More »