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 »
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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 »
Torts — Premises liability — Injuries sustained by diving into private residential swimming pool — Under specific combination of circumstances, trial court erred by entering summary judgment in favor of pool owner on ground that owner owed no duty of care to warn of dangerous condition because pool constituted an open and obvious danger — Triable issue of fact existed as to whether pool and pool area created hidden danger or trap that could give rise to duty of care on part of landowner — Plaintiff asserted various attendant circumstances that allegedly prevented him from properly discerning pool depth before diving in, including unconventional design of pool, which was shallow at both ends and deepest in the middle; lack of lighting and signage; and placement of planters leading defendant to believe that the pool had a conventional deep end sufficient for diving
47 Fla. L. Weekly D1163a ALDO GABRIEL AMENTA POZANCO, Appellant, v. FJB 6501, INC., Appellee. 3rd District. Case No. 3D20-1734. L.T. Case No. 18-42369. June 1, 2022. An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Counsel: Wald, Gonzalez & Graff, P.A., and Estrella F. Gonzalez; Harris Appeals, P.A., and Andrew A. Read More »
Torts — Attorney’s fees — Proposal for settlement — Validity — Good faith — Trial court abused its discretion by awarding plaintiff attorney’s fees and costs based on defendant’s rejection of proposal for settlement which required defendant to pay over a million dollars in cash within thirty days — Proposal for settlement was not made in good faith — Specific requirement that defendant actually make payment to effectuate acceptance made offer illusory as there was no real possibility defendant could accept — Proposal would have been valid if it allowed acceptance by agreeing to an entry of judgment against defendant or by allowing defendant to sign a promissory note
47 Fla. L. Weekly D1121a STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellant, v. JAMES LIGHTFOOT and MARILYN ROSEANNE HUNT, Appellees. 1st District. Case No. 1D20-2285. MARILYN ROSEANNE HUNT, Appellant, v. JAMES LIGHTFOOT and STATE FARM AUTOMOBILE INSURANCE COMPANY, Appellees. Case No. 1D20-2303. May 25, 2022. On appeal from the Circuit Court for Duval County. Katie L. Read More »
Civil rights — Administrative law — Disability discrimination — COVID-19 — Mask policies — Dismissal — Disability discrimination complaint alleging that defendant failed to make reasonable modifications to accommodate plaintiff’s disability by exempting plaintiff from defendant’s face-covering policy during COVID-19 pandemic — Commission on Human Relations erred by dismissing complaint based on plaintiff’s failure to allege how plaintiff was denied services since plaintiff did not visit defendant’s public accommodation — Plaintiff was not required to allege that he was denied services during a visit to place of public accommodation — Once a plaintiff has actually become aware of discriminatory conditions existing at a public accommodation, and is thereby deterred from visiting or patronizing that accommodation, the plaintiff has suffered an injury — Because plaintiff plausibly alleged that he was aware of discriminatory conditions at defendant’s public accommodation, and that the denial of his request for a modification deterred him from visiting or patronizing that accommodation, the dismissal was improper
47 Fla. L. Weekly D1119a AARON ABADI, Appellant, v. WALT DISNEY WORLD PARKS & RESORTS, Appellee. 1st District. Case No. 1D21-3749. May 25, 2022. On appeal from Florida Commission on Human Relations. Cheyanne M. Costilla, Executive Director. Counsel: Aaron Abadi, pro se, Appellant. Audrey Pumariega Angulo, Miami, for Appellee. (PER CURIAM.) This is an appeal Read More »