50 Fla. L. Weekly D440a ON REMAND FROM THE SUPREME COURT OF FLORIDA[Prior Report at 47 Fla. L. Weekly D750a](PER CURIAM.) In Ripple v. CBS Corp., 337 So. 3d 45 (Fla. 4th DCA 2022) (“Ripple I”), we affirmed the trial court’s granting the defendants’ motion for judgment on the pleadings on Jennifer Ripple’s claim for damages […]
Articles
Insurance — Bad faith — Civil remedy notice — Deficient notice — Waiver — Trial court erred by granting summary judgment in favor of insurer based on determination that insured’s CRN had not complied with statutory specificity requirements — Insurer waived the right to object to sufficiency of CRN where insurer responded to the merits of CRN without raising defects in the notice — In reaching its decision, trial court improperly relied on orders issued in proceedings before other trial courts and a per curiam affirmance of the appellate court, neither of which have any precedential value — Furthermore, trial court’s review of appellate briefing and oral arguments behind the PCA was impermissible
50 Fla. L. Weekly D407a DARRYL A. VACHON, Appellant, v. THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D2023-2674. February 14, 2025. Appeal from the Circuit Court for Hillsborough County; Emily A. Peacock, Judge. Counsel: Tracy Raffles Gunn of Gunn Appellate Practice P.A., Tampa; and Lee D. Gunn IV and Ryan […]
Insurance — Homeowners — All-risk policy — Coverage — Summary judgment — Burden of proof — Trial court erred by granting summary judgment in favor of insurer — Genuine issue of material fact remained as to cause of loss on insureds’ property where insureds provided affidavits establishing that a loss occurred during policy period and insurer failed to present any affidavit showing that loss was excluded from coverage under a policy exception — Denial of coverage letter was not competent proof of facts insurer used to justify denial
50 Fla. L. Weekly D369a RONALD BELIZAIRE and LOVELIE BELIZAIRE, Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 4th District. Case No. 4D2023-2488. February 12, 2025. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Brett M. Waronicki, Judge; L.T. Case No. 562022CA001059. Counsel: Melissa A. Giasi and Erin M. Berger of […]
Torts — Automobile accident — Evidence — Settlement — New trial required where trial court permitted testimony concerning property damage settlement between the parties, a violation of section 90.408
50 Fla. L. Weekly D397a CRST EXPEDITED, INC., Appellant, v. ALFRED F. WALLACE, et al., Appellees. 3rd District. Case No. 3D23-2074. L.T. Case No. 18-13850. February 12, 2025. An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge. Counsel: Campbell Conroy & O’Neil, P.C., and P. Brandon Perkins (Ft. Lauderdale), for appellant. The […]
Torts — Jury — New trial — No abuse of discretion in denying plaintiff’s motion for new trial claiming that trial court and clerk had erred when assembling venire — Plaintiff waived any issue concerning venire where, although defendant had twice objected to venire prior to jury being sworn in, plaintiff did not lodge an objection until after jury returned adverse verdict
50 Fla. L. Weekly D289a SARAH ANDERSON, as Personal Representative of the Estate of Hosey Anderson, deceased, Appellant/Cross-Appellee, v. R.J. REYNOLDS TOBACCO COMPANY, a foreign corporation and PHILIP MORRIS USA, INC., a foreign corporation, Appellees/Cross-Appellants. 1st District. Case No. 1D2023-0058. February 5, 2025. On appeal from the Circuit Court for Gadsden County. David Michael Frank, […]