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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Civil procedure — Summary judgment — Standard — Although Court is persuaded that Florida should adopt federal summary judgment standard, the right way to enact that change is through prospective rule amendment — Because Court cannot say that jurisprudence underlying Florida’s existing summary judgment standard is clearly erroneous, Court will not recede from that jurisprudence or “reinterpret” it in this instance — Wrongful death — District court did not err in reversing trial court’s order granting summary judgment in favor of defendant in case involving fatal rear-end car crash on basis of video evidence from front car’s forward-facing dashboard camera that appeared to refute the plaintiff’s version of events after district court concluded that, notwithstanding the strength of the video evidence, the trial court improperly weighed competing evidence on material facts

46 Fla. L. Weekly S2a WILSONART, LLC, et al., Petitioners, v. MIGUEL LOPEZ, etc., Respondent. Supreme Court of Florida. Case No. SC19-1336. December 31, 2020. Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance. Fifth District – Case No. 5D18-2907 (Osceola County). Counsel: Sean M. McDonough, Jacqueline […]

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Insurance — All-risk — Exclusions — Faulty workmanship — Damage to insured’s home sustained when contractor hired to install a new addition to property removed a portion of roof of main house, leaving an opening covered only with tarps for a few weeks, and it rained — Interpreting policy as a whole, policy’s faulty workmanship exclusion was unambiguous and clearly intended the term faulty workmanship to mean more than just flawed finished product and include faulty process as well — Trial court properly entered judgment in favor of insurer

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, […]

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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 […]

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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 […]

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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 […]

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