46 Fla. L. Weekly D25a VERONICA SAUNDERS, Appellant, v. FLORIDA PENINSULA INSURANCE COMPANY, et al., Appellees. 3rd District. Case No. 3D19-1049. L.T. Case No. 16-16302. December 23, 2020. An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Counsel: Cernitz Shanbron, LLC., and Justin Cernitz; Alvarez, Feltman, Da Silva & Costa, […]
Articles
Attorney’s fees — Proposal for settlement — Defendants not entitled to award of attorney’s fees under section 768.79 and rule 1.442 following plaintiff’s voluntary dismissal of action against them where dismissal was without prejudice, even though dismissal was filed after expiration of statute of limitations period and expiration of period allowed for acceptance of proposal for settlement — Dismissal without prejudice after expiration of statute of limitations period and expiration of period for acceptance of proposal for settlement is not an adjudication on the merits
46 Fla. L. Weekly D10d JAMES M. HERRELL and JOAN M. RUDICK, Appellants, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY a/s/o SELMA SHIRLEY ZETZER, Appellees. 2nd District. Case No. 2D19-1911. December 23, 2020. Appeal from the Circuit Court for Lee County; Alane C. Laboda, Judge. Counsel: Scot E. Samis and Christopher Shand of Traub Lieberman […]
Workers’ compensation — Costs — Attorney’s fees — Prevailing party — Cost awards to prevailing parties are mandatory and claimant was prevailing party because benefit was not provided before e/c received petition for benefits — Claimant entitled to costs and any associated attorney’s fees and costs incurred in establishing that entitlement
46 Fla. L. Weekly D44a MARK VALLE, Appellant, v. AMERICAN AIRLINES and SEDGWICK, Appellees. 1st District. Case No. 1D19-4201. December 30, 2020. On appeal from an order of the Judge of Compensation Claims. Margret G. Kerr, Judge. Date of Accident: July 29, 2011. Counsel: Toni L. Villaverde of Toni L. Villaverde, PLLC, Coral Gables, for […]
Torts — Negligence — Loss of consortium — Attorney’s fees — Proposal for settlement — Allocation between claims — Action in which damages were awarded on negligence claim but not loss of consortium claim — Defendant was not entitled to all of its claimed attorney’s fees and costs incurred in its overall defense of both claims where, on record presented, it cannot be concluded that defendant met its burden to demonstrate that its defense of plaintiff husband’s negligence claim and plaintiff wife’s loss of consortium claim were inextricably intertwined such that an allocation of claimed attorney’s fees and costs was infeasible — No blanket rule exists that automatically deems a loss of consortium claim as necessarily inextricably intertwined with the primary liability claim for purposes of awarding attorney’s fees and costs
46 Fla. L. Weekly D42a SIGNAL HILL GOLF COURSE, INC., Appellant/Cross-Appellee, v. ROBERT WOMACK and TAMMY WOMACK, Appellees/Cross-Appellants. 1st District. Case No. 1D19-1348. December 30, 2020. On appeal from the Circuit Court for Bay County. John L. Fishel, II, Judge. Counsel: Douglas G. Miller of Cole Scott & Kissane, P.A., Pensacola, and Therese A. Savona […]
Torts — Premises liability — Slip and fall — Damages — Additur — Future medical expenses — Past noneconomic damages — Trial court did not abuse its discretion by denying motion for new trial or additur filed after jury awarded zero damages for future medical expenses where need for future damages was in contention throughout trial, so that jury’s failure to award these damages was supported by evidence — Award of zero damages for past noneconomic damages was inadequate as a matter of law where jury found that plaintiff suffered injuries that required treatment, as evidenced by award of past medical expenses, and evidence was substantially undisputed that plaintiff suffered noneconomic damages — Remand for new trial on noneconomic damages or, if same judge who presided at trial is available, consideration of additur
45 Fla. L. Weekly D2812a GLORIA A. CABRERA, Appellant, v. WAL-MART STORES EAST, LP, Appellee. 3rd District. Case No. 3D19-2301. L.T. Case No. 17-23785. Opinion filed December 16, 2020. An appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Counsel: Simon Trial Firm, and Daniel M. Grissom, and Elibet Caballero, for appellant. […]