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

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Torts — Premises liability — Slip and fall — Banks — Duty to maintain premises — Action stemming from injuries plaintiff suffered when she slipped on an oil slick while walking up to a drive-through automated teller machine — Trial court did not err by granting summary judgment in favor of bank because, as a matter of law, bank did not owe plaintiff a duty of care to maintain drive-through ATM in a reasonably safe condition for pedestrians — Defendant’s duty to maintain a safe premises for invitees like plaintiff is limited to the intended use of the premises as part of the invitation — Defendant’s duty was limited to keeping area safe only for motor vehicle traffic where record established that intended use of drive-through ATM was for access by customers operating their vehicles, and there was no invitation to access the ATM in any other way — Plaintiff’s deviation from ATM’s intended use, without defendant’s knowledge, could not operate to expand scope of defendant’s duty

50 Fla. L. Weekly D290c NICOLE MORRIS, Appellant, v. CAPITAL CITY BANK, Appellee. 1st District. Case No. 1D2022-1365. February 5, 2025. On appeal from the Circuit Court for Taylor County. Gregory S. Parker, Judge. Counsel: Jonathan Anthony Martin and Courtney Rebecca Brewer, Tallahassee; and John S. Mills, Jacksonville; of Bishop & Mills, PLLC, for Appellant. […]

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Civil procedure — Default — Vacation — Service of process — Defects — Trial court erred in denying motions to quash service and vacate a default judgment where plaintiff failed to introduce any process demonstrating service upon individual defendant and return for corporate defendant was defective because it failed to include factors mandated under section 48.21(1)

50 Fla. L. Weekly D320a ESTHER KASSIN, et al., Appellants, v. 3909 PONCE DE LEON, LLC, Appellee. 3rd District. Case No. 3D24-0199. L.T. Case No. 23-624. February 5, 2025. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge. Counsel: Solomon Appeals, Mediation & Arbitration, and Donna […]

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Wage and Hour Update

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated and set aside the U.S. Department of Labor (DOL)’s final regulation increasing the salary threshold for the overtime exemption under the Fair Labor Standards Act (FLSA) on a nationwide basis. The court struck down the July 1, 2024 increase as […]

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Civil procedure — Amendment — Affirmative defenses — Trial court did not abuse discretion in denying motions for leave to amend party’s affirmative defenses where court’s ruling was reasonable — Based on the governing standard of review applicable to judicial discretion, the discretionary ruling of the trial judge should be disturbed only when his decision fails to satisfy a test of reasonableness

50 Fla. L. Weekly D272a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. ARTURO ARMANDO ARMAND, et al., Appellees. 3rd District. Case No. 3D23-1734. L.T. Case No. 21-6820. January 29, 2025. An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Counsel: Russo Lima Appellate Firm, P.A., and Elizabeth K. Russo and Paulo […]

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Civil procedure — Complaint — Amendment — Punitive damages — Trial court properly performed its gatekeeping function in denying motion to amend complaint to add a claim for punitive damages where moving party failed to make a reasonable showing which would provide a reasonable basis for recovery of punitive damages

50 Fla. L. Weekly D244a COMWAY TRADE LOGISTICS, LLC, Appellant, v. SEBASTIAN CURET, et al., Appellees. 3rd District. Case No. 3D24-1275. L.T. Case No. 22-15599-CA-01. January 22, 2025. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Counsel: Mark, Migdal & Hayden, Jose M. Ferrer, and Desiree […]

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