RAV BAHAMAS LTD., etc., et al., Appellants, v. MARLIN THREE, LLC, etc., et al., Appellees. 3rd District. Case No. 3D21-976. L.T. Case No. 20-7386. February 2, 2022. An Appeal from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Counsel: Kula & Associates, P.A., and W. Aaron Daniel and Elliot B. Kula; Bell Read More »
Uncategorized
Torts — Negligence — Counties — Sovereign immunity — Dismissal — Appeals — Action arising from injuries plaintiff suffered as a result of being struck by a vehicle after plaintiff veered off bike path in an attempt to avoid dumpsters which had been placed on the path near worksite maintained by independent water control district — Trial court erred in denying county’s motion to dismiss based on sovereign immunity grounds where complaint alleged county was negligent in its discretionary planning-level functions and did not allege that county created the alleged known dangerous condition which was the subject of the action — County’s decisions not to redirect traffic or require traffic control devices at the worksite; not to enforce compliance with safety guidelines at the worksite; and not to supervise the worksite or require additional workers or police to direct traffic and pedestrians were discretionary planning-level functions which cannot subject county to tort liability — County cannot be subject to tort liability for its alleged failure to warn of or correct danger where it did not create the danger — Court rejects argument that order was not appealable under rule 9.130 because trial court did not address county’s sovereign immunity argument — Appellate court’s jurisdictional inquiry focuses not on the challenged order, but rather on the motion that the order adjudicates
47 Fla. L. Weekly D334b BROWARD COUNTY, Appellant, v. CHRISTINA MANARITE, individually and on behalf of GIOVANNI MANARITE, a minor child, ALBERTO CASTRO, CENTRAL BROWARD WATER CONTROL DISTRICT, WASTE MANAGEMENT INC. OF FLORIDA d/b/a WASTE MANAGEMENT, and TOWN OF DAVIE, Appellees. 4th District. Case No. 4D21-2328. February 2, 2022. Appeal of nonfinal order from the Read More »
Wrongful death — Discovery — Mental health records — Appeals — Certiorari — Petition seeking review of order requiring disclosure of decedent’s mental health records related to his treatment — While records were relevant and discoverable because they relate to plaintiff’s alleged damages, the order departed from essential requirements of the law because it did not require in camera review of records to ensure only relevant records were produced
47 Fla. L. Weekly D343b SHAWN LOWITZ, individually, and SHAWN LOWITZ, as Personal Representative of the Estate of David A. Lowitz, Deceased, Petitioner, v. SOUTH ALABAMA BRICK COMPANY, INC. d/b/a W.R. TAYLOR & COMPANY and CHRISTIAN SENN, Respondents. 1st District. Case No. 1D21-1555. February 2, 2022. Petition for Writ of Certiorari — Original Jurisdiction. Counsel: Read More »
Workers’ compensation — Average weekly wage — Judge of compensation claims erred by not including pro rata share of claimant’s annual merit bonus when calculating AWW — Although claimant was not eligible for bonus until her anniversary date, and accident occurred prior to that date, bonus was based on satisfactory performance by an employee during the preceding 52-week period — Claimant’s eventual receipt of merit bonus from employer indicated that her performance had been satisfactory during the entire 52-week period and leads to conclusion that claimant earned a quarter of the bonus during the 13 weeks prior to the date of accident
47 Fla. L. Weekly D297c RITA NOA, Appellant, v. CITY OF AVENTURA and FLORIDA LEAGUE OF CITIES, Appellees. 1st District. Case No. 1D21-0549. January 26, 2022. On appeal from an order of the Office of the Judges of Compensation Claims. Sylvia Medina-Shore, Judge. Date of Accident: February 27, 2020. Counsel: Amie E. DeGuzman, Jacksonville, for Read More »
Insurance — Homeowners — Post-loss obligations — Summary judgment — Error to enter summary judgment for insurer in insured’s breach of contract action against insurer after insurer denied claim for water damage to home on basis that insured failed to submit sufficient sworn proof of loss and failed to answer all questions at examination under oath where insurer failed to demonstrate absence of genuine issue of material fact as to these issues — Insurer’s affidavit in support of motion for summary judgment was deficient in that it contained inadmissible hearsay and unsupported conclusions of law and fact
47 Fla. L. Weekly D277a MARCO HUERTAS and MIOZOTI HUERTAS, Appellants, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-953. January 26, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Frank S. Castor, Judge; L.T. Case No. 50-2018-CC-004631-XXXX-MB. Counsel: Monique A. Low of David Low Read More »