46 Fla. L. Weekly D85a STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. JON PARRISH, Appellee. 2nd District. Case No. 2D19-130. January 6, 2021. Appeal from Collier County; Frederick Hart, Judge. Counsel: Kara Rockenbach Link and Daniel M. Schwarz of Link & Rockenbach, P.A., West Palm Beach; and Robert A. Kingsford and Lynn S. Alfano of Read More »
Uncategorized
Insurance — Homeowners — Discovery — Work product privilege — Trial court departed from essential requirements of law in ordering disclosure of materials prepared and photographs taken by insurer’s adjuster
46 Fla. L. Weekly D168a AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Petitioner, v. GLADYS MITCHELL, Respondent. 3rd District. Case No. 3D20-1515. L.T. Case No. 18-34230. January 13, 2021. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Alan S. Fine, Judge. Counsel: Butler, Weihmuller, Katz, Craig, LLP, and Curt L. Allen, Brian A. Read More »
Insurance — Discovery — Personal financial records of non-party — Trial court departed from essential requirements of law in ordering insured’s appraiser to produce personal financial records which are irrelevant to proceedings
46 Fla. L. Weekly D160a SCOTT THOMAS, et al., Petitioners, v. STATE FARM FLORIDA INSURANCE COMPANY, Respondent. 3rd District. Case No. 3D20-1459. L.T. Case No. 18-30480. January 13, 2021. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Abby Cynamon, Judge. Counsel: Agnant & Lambdin LLC, Keith J. Lambdin and Erik J. Willman Read More »
Rules of Civil Procedure — Amendment — Summary judgment — Construction and application of Rule 1.510 in accordance with federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986)
46 Fla. L. Weekly S6a IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.510. Supreme Court of Florida. Case No. SC20-1490. December 31, 2020. Original Proceeding — Florida Rules of Civil Procedure. (PER CURIAM.) The Court, on its own motion, amends Florida Rule of Civil Procedure 1.510 (Summary Judgment).1 Effective May 1, 2021, the amended Read More »
Civil procedure — Summary judgment — Standard — Although Court is persuaded that Florida should adopt federal summary judgment standard, the right way to enact that change is through prospective rule amendment — Because Court cannot say that jurisprudence underlying Florida’s existing summary judgment standard is clearly erroneous, Court will not recede from that jurisprudence or “reinterpret” it in this instance — Wrongful death — District court did not err in reversing trial court’s order granting summary judgment in favor of defendant in case involving fatal rear-end car crash on basis of video evidence from front car’s forward-facing dashboard camera that appeared to refute the plaintiff’s version of events after district court concluded that, notwithstanding the strength of the video evidence, the trial court improperly weighed competing evidence on material facts
46 Fla. L. Weekly S2a WILSONART, LLC, et al., Petitioners, v. MIGUEL LOPEZ, etc., Respondent. Supreme Court of Florida. Case No. SC19-1336. December 31, 2020. Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance. Fifth District – Case No. 5D18-2907 (Osceola County). Counsel: Sean M. McDonough, Jacqueline Read More »