46 Fla. L. Weekly D1627a ARCH INSURANCE COMPANY, Appellant, v. KUBICKI DRAPER, LLP, a law firm, Appellee. 4th District. Case No. 4D17-2889. July 14, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patti Englander Henning, Judge; L.T. Case No. 08 25361 (26). Counsel: Benjamin J. Biard and Brittany P. Borck Read More »
Uncategorized
Attorney’s fees — Proposal for settlement — Entitlement to fees
46 Fla. L. Weekly D1602b KYLECOVEY SMITH, Appellant, v. GADSDEN COUNTY SCHOOL BOARD, Appellee. 1st District. Case No. 1D20-1481. July 13, 2021. On appeal from the Circuit Court in Gadsden County. David M. Frank, Judge. Counsel: Kylecovey Smith, pro se, Appellant. William B. Armistead of Coppins Monroe, P.A., Tallahassee, for Appellee. (LONG, J.) Mr. Smith Read More »
Wrongful death — Trial court erred in entering summary judgment in favor of defendant where genuine issues of material fact existed regarding legal duty and legal causation
46 Fla. L. Weekly D1588a JESUS G. JOUBERT RODRIGUEZ, etc., et al., Appellants, v. CENTRAL FLORIDA EQUIPMENT RENTALS, INC., Appellee. 3rd District. Case No. 3D20-0866. L.T. Case No. 11-23514. July 7, 2021. An Appeal from the Circuit Court for Miami-Dade County, Alan Fine, Judge. Counsel: Deehl PLLC and David L. Deehl; Kula & Associates, P.A., Read More »
Insurance — Homeowners — Appraisal — Audio/video recording — Trial court erred in applying section 934.03 to preclude insured from making audio/video record of inspection of insured’s home by insurer’s appraiser absent consent of all participants — For an oral conversation to be protected under the statute, the speaker must have an actual subjective expectation of privacy, along with societal recognition that the expectation is reasonable — Nothing in policy precluded audio/video recording of appraisal inspection, and insurer’s appraiser has no legitimate expectation of privacy while in insured’s home for inspection
46 Fla. L. Weekly D1592 HEATHER SILVERSMITH, Appellant, v. STATE FARM INSURANCE COMPANY, Appellee. 4th District. Case No. 4D20-2685. July 7, 2021. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. CACE19-026047. Counsel: Samuel Alexander of Alexander Appellate Law P.A., DeLand, for appellant. Ubaldo J. Read More »
Torts — Defamation — Libel per se — Social media post — Venue — Accrual of action — Action arising from allegedly libelous public Facebook post — No error in denying defendant’s motion to transfer venue from county where post was received and read by a third party to the county where the post originated — A Facebook post cannot be libelous until it is published and accessed; a posting placed on a public Facebook page is instantaneously accessible throughout Florida, and plaintiff’s complaint sufficiently avers that the post at issue was accessed in her chosen venue
46 Fla. L. Weekly D1337b JAMES CULLEN LOWERY, III, Appellant, v. SHANE MCBEE, Appellee. 4th District. Case No. 4D20-1986. June 9, 2021. Appeal of nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jaimie R. Goodman, Judge; L.T. Case No. 50-2020-CA-005951-XXXX-MB. Counsel: Barry Carothers of BC Law, Stuart, for appellant. Read More »