50 Fla. L. Weekly D153a TARANEISHA BURGESS, Appellant, v. QUESSIE CAMPBELL, LASHUNDA BLACKSHEAR, and FAMILY FIRST DIRECT PRIMARY CARE LLC, Appellees. 4th District. Case No. 4D2023-2281. January 8, 2025. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Scott R. Kerner, Judge; L.T. Case No. 502021CA006859. Counsel: Tshai N. Wright of […]
Articles
Insurance — Commercial liability — Water damage — Coverage — Endorsements — Subcontractors — General contractor’s claim for insurance coverage based on water damage caused by leak in roof which was installed by subcontractor — Trial court erred in granting summary judgment in favor of general contractor based on determination that general contractor had been added as an additional insured on subcontractor’s commercial general liability policy as required by an endorsement contained in general contractor’s policy — Court rejects argument that endorsement created an ambiguity with “Other Insurance” clause in the policy, and ambiguity must be resolved in favor of insured — Where there is a conflict between endorsement and the body of the policy, the endorsement controls — General contractor was not covered under its policy because endorsement required general contractor to have been added as an additional insured under the subcontractor’s policy on a “primary and non-contributory basis,” and neither of general contractor’s contracts with the subcontractor complied with the endorsement
50 Fla. L. Weekly D152a COLONY INSURANCE COMPANY, Appellant, v. TITAN RESTORATION CONSTRUCTION, INC., Appellee. 4th District. Case No. 4D2023-2908. January 8, 2025. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Joseph Curley, Judge; L.T. Case No. 502022CA006428MB. Counsel: John Bond Atkinson and Maria-Gracia Donati of Atkinson, P.A., Miami, for […]
Civil procedure — Default — Relief from judgment — Excusable neglect — Trial court did not grossly abuse its discretion by granting defendant’s motion to vacate default, default judgment, and arbitration award — Evidence presented at evidentiary hearing supported finding of excusable neglect where testimony established that defendant had diminished mental capacity which impaired his ability to respond to complaint and communicate with counsel — Additionally, record supported finding that defendant did not receive proper notice of arbitration conference
50 Fla. L. Weekly D161a KIMBERLY DONALDSON, Appellant, v. THOMAS HAHN, Appellee. 4th District. Case No. 4D2024-1461. January 8, 2025. Appeal of nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James Nutt, Judge; L.T. Case No. 50-2023-CA-001716-XXXX-MB. Counsel: Robert C. Johnson and Stuart Hartstone of Pike & Lustig, LLP, […]
Torts — Automobile accident — Sanctions — Dismissal — Fraud on court — Evidence — Trial court abused its discretion by dismissing action with prejudice for fraud on court based on plaintiff’s failure to disclose prior car accidents during discovery and to medical providers — Fact that plaintiff omitted an accident from her deposition testimony and explicitly denied any further vehicle accidents was insufficient to support finding that plaintiff intentionally provided false testimony about being involved in prior accidents as part of a scheme to defraud — Finding that plaintiff provided false testimony about accident involvement also runs contrary to the record which showed that plaintiff’s counsel voluntarily provided defendants with accident report from additional accident and that plaintiff’s husband had testified about the additional accident during his deposition — Trial court’s finding that plaintiff had falsely testified about the extent of damage in additional accidents was not supported by competent, substantial evidence — Accident reports could not serve as competent evidence because such reports are inadmissible hearsay, and statements by drivers in report are excluded under accident report privilege — Insurance claim reports for accidents were inadmissible hearsay — Additionally, insurance claims did not show that plaintiff’s testimony regarding damage was false — Trial court’s finding that plaintiff failed to disclose prior accidents to her treating physician was not supported by competent, substantial evidence where treating physician’s deposition testimony showed that physician barely discussed accident sued upon and had not discussed other accidents with plaintiff — Finding that plaintiff had lied to defendants’ expert about prior accidents during CME was not supported by competent evidence where only evidence proffered by defendants, the CME report, was inadmissible hearsay — Trial court erred by finding that prior accidents were relevant to injury causation where nothing in record shows that plaintiff had been injured in prior accidents or sought treatment afterwards — Finding that plaintiff’s false testimony and failure to disclose caused unfair prejudice to defendants was not supported by competent, substantial evidence — Any prejudice to defendants was largely of their own making where defendants never asked plaintiff about accidents not resulting in injury in their discovery requests and failed to pursue document production until after plaintiff’s deposition
50 Fla. L. Weekly D165a ETIANY MARIA ELOI ZUFI, Appellant, v. ROBIN GABRIEL STOCKTON and RON KENDALL MASONRY, INC., a Florida for-profit corporation, Appellees. 4th District. Case No. 4D2024-0842. January 8, 2025. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William W. Haury, Jr., Judge; L.T. Case No. CACE-22-008236. Counsel: Jack […]
Insurance — Property — Insured’s action against insurer seeking payment on vandalism claim — Standing — Insurable interest — Insureds’ insurable interest in property was extinguished when they executed a deed in lieu of foreclosure that fully discharged their debt and, accordingly, insureds lacked standing to recover insurance benefits
49 Fla. L. Weekly D1746a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. KIMBERLY CORTEZ and CARLOS CORTEZ, Appellees. 4th District. Case No. 4D2023-0676. August 21, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William W. Haury, Jr., Judge; L.T. Case No. CACE18-005984. Counsel: Kara Rockenbach Link and David A. […]