45 Fla. L. Weekly D2484b ESJ JI OPERATIONS, LLC, et al., Appellants, v. TODD DOMECK, Appellee. 3rd District. Case No. 3D20-0260. L.T. Case No. 17-27434. Opinion filed November 4, 2020. An appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Counsel: Law Offices of Scott Alan Orth, P.A., and Scott Alan Orth (Hollywood), […]
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Appeals — Insurance — Order requiring insurer to pay insured specific sum for fire damage to his building within 10 days of date of order, while leaving unresolved other, factually related claims, including one for fire damage to personal property, did not complete judicial labor in trial court on factually related matters and was not appealable as a partial final judgment — Because order requires party to pay but allows no avenue to appeal, order is subject to certiorari review — Accordingly, initial brief treated as petition for writ of certiorari, and insured directed to file response within 20 days
45 Fla. L. Weekly D2483a PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. ENRIQUE GONZALEZ, Appellee. 3rd District. Case No. 3D20-923. L.T. Case No. 19-7413. November 4, 2020. An Appeal from non-final orders from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Cole Scott & Kissane, P.A., and David C. Borucke (Tampa), for appellant. Marin, […]
Torts — Automobile accident — New trial — Juror misconduct — Appeal from denial of motion for new trial based on post-trial discovery of litigation histories of two jurors in jury trial on issue of amount of damages incurred by plaintiffs when bus owned by defendant struck the vehicle occupied by plaintiffs — District court abused its discretion in failing to hold evidentiary hearing on alleged juror misconduct before ruling on motion for new trial — Where defendant, as moving party, presented the district court with “clear, strong, substantial, and incontrovertible evidence that a specific, nonspeculative impropriety” occurred, namely, court documents that facially showed that two jurors gave dishonest and misleading responses on their juror questionnaires and on voir dire, district court was required to hold evidentiary hearing to investigate jurors’ responses prior to ruling on the motion for a new trial in order to adequately investigate the alleged juror misconduct — Remanded with instructions to conduct evidentiary hearing to determine whether jurors made dishonest statements during voir dire where a truthful response “would have provided a valid basis for a challenge for cause”
28 Fla. L. Weekly Fed. C2016a JUAN TORRES and ALEJANDRO TORRES, Plaintiffs-Appellees, v. FIRST TRANSIT, INC., Defendant-Appellant. 11th Circuit. Case No. 18-15186. October 20, 2020. Appeal from the U.S. District Court for the Southern District of Florida (No. 9:17-cv-81162-BB). (Before NEWSOM and TJOFLAT, Circuit Judges, and PROCTOR*, District Judge.) (TJOFLAT, Circuit Judge.)I. On September 30, […]
Civil procedure — Jurors — Voir dire — Challenge — Cause — Torts — Product liability — Tobacco — Trial court committed reversible error by granting defendant’s motion to exclude eight prospective jurors based solely on their written responses to particular question on jury questionnaire without first allowing counsel to question those jurors as permitted under rule 1.431(b) where it was not “conclusively clear” from their written answers that the excused prospective jurors could not be impartial — New trial required — Evidence — Admission of individual photograph depicting decedent not smoking was not probative of how much decedent did or did not smoke — Testimony that decedent could go into hotels owned by her family and “sign for things without paying” was also not relevant to any material fact
45 Fla. L. Weekly D2436a SHAN FROGEL, as personal representative of the Estate of Bette J. Cash, Appellant, v. PHILIP MORRIS USA, INC., Appellee. 4th District. Case No. 4D19-2781. October 28, 2020. Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 50-2007-CA-023246-XXXX-MB. […]
Insurance — Homeowners — Coverage — Appraisal — Waiver — Trial court erred in compelling appraisal of residential home under policy where there were disputes over coverage and policy specifically precluded appraisal for coverage issues — Moreover, any right of appraisal was waived where suit was filed and litigated for a year prior to appraisal request
45 Fla. L. Weekly D2442a CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. EMPIRE MITIGATION RESTORATION AND CONSULTING, LLC a/a/o Steve Wexler and Paula Wexler, Appellee. 1st District. Case No. 1D19-4009. October 28, 2020. On appeal from the Circuit Court for Clay County. Steven B. Whittington, Judge. Counsel: Steven G. Schwartz and Karrie D. Cook […]