49 Fla. L. Weekly D1632b ROBERT MCGARY, Appellant, v. PACIFICA DAYTONA, LLC f/d/b/a Perry’s Ocean Edge Resort, Appellee. 5th District. Case No. 5D2022-0765. L.T. Case No. 2018-31851-CICI. August 2, 2024. On appeal from the Circuit Court for Volusia County. Dennis Craig, Judge. Counsel: Rob T. Cook and Jonathan J. Luca, of Jonathan J. Luca, P.A., […]
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Insurance — Property — Replacement cost — Measure of damages — Trial court erroneously allowed jury to consider evidence of estimated cost to repair items damaged by covered loss where insureds sold property before making the repairs — Policy clearly and unambiguously provided that insureds were not entitled to their repair costs unless and until “work is performed and expenses are incurred” — Conflict certified — On remand, trial court to confine proof at new trial on damages to only those damages for which recovery is permitted under policy’s clear and unambiguous terms
49 Fla. L. Weekly D1575a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. IRMA QURESHI and GEORGE GUERRERO, Appellees. 4th District. Case No. 4D2023-1338. July 24, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David A. Haimes, Judge; L.T. Case No. CACE21007238. Counsel: Kara Rockenbach Link and David A. Noel […]
Insurance — Complaint — Amendment — Addition of claim for bad faith — Trial court erred by denying plaintiff’s motion for leave to amend its complaint to pursue bad faith action following appraisal award without finding prejudice, abuse of privilege, or futility — Amendment would not be futile simply because insurer was not found to have breached policy — Judgment on breach of contract action is not only way of obtaining favorable resolution, which is necessary prerequisite to filing bad faith claim
49 Fla. L. Weekly D1441a SNAPPERS KEY LARGO LLC, et al., Appellants, v. CERTAIN UNDERWRITERS AT LLOYD’S, LONDON, SUBSCRIBING TO POLICY NO. BW33816281, Appellees. 3rd District. Case No. 3D23-1138. L.T. Case No. 18-599-P. July 10, 2024. An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Counsel: Greenspoon Marder LLP and John […]
Arbitration — Nonbinding arbitration — Trial de novo — Timeliness of request — Extension of time — Trial court erred by rejecting magistrate’s recommendation to grant appellant an extension of time to file its motion for trial de novo based on finding that it lacked authority to extend the deadline under rule 1.090 — Section 44.103(5) expressly defers to the rules promulgated by the supreme court for establishing deadline for filing request for trial de novo, which includes Rules of Civil Procedure — As such, the procedure for requesting a trial de novo after nonbinding arbitration is subject to provisions of rule 1.090(b) — Because extension was sought prior to expiration of twenty-day deadline, trial court was authorized to grant the extension under rule 1.090
49 Fla. L. Weekly D1481a THE CITY OF NAPLES, Appellant, v. HEIDI WOLFF and JOSEPH WOLFF, Appellees. 6th District. Case No. 6D2023-2119. L.T. Case No. 2021-CA-001007-0001-XX. July 12, 2024. Appeal from the Circuit Court for Collier County. Joseph G. Foster, Judge. Counsel: Jeffrey W. Hurcomb, of Roberts, Reynolds, Bedard & Tuzzio, PLLC, Fort Myers, for […]
Arbitration — Appeals — Non-final orders — Appeal of orders denying motions to compel arbitration filed by defendant entity and entity’s individual members — Appeal of initial order denying entity’s motion to compel arbitration is dismissed as untimely — Order denying motion to compel was a nonfinal order from which entity had thirty days to appeal — Trial court’s inclusion of “without prejudice” language in its order denying entity’s motion did not alter deadline for appeal or somehow render the order nonappealable — Furthermore, because the order denying entity’s motion to compel was a nonfinal order, entity’s filing of renewed motion to compel, which simply served as an unauthorized motion for reconsideration, did not suspend rendition of trial court’s order or toll time for filing notice of appeal — Law does not authorize multiple motions to compel arbitration — Individual members’ motion to compel arbitration was timely where their motion was not addressed in trial court’s denial of entity’s initial motion to compel — Trial court erred by denying members’ motion to compel where its basis for denying entity’s motion was wholly inapplicable to members and neither the relevant hearing transcript nor the body of trial court’s order denying the motion reflects any other basis for denial
49 Fla. L. Weekly D1433a CONCIERGE AUCTIONS, LLC, et al., Appellants, v. COLDWELL BANKER RESIDENTIAL REAL ESTATE, LLC, et al., Appellees. 3rd District. Case No. 3D23-0650. L.T. Case No. 19-14915. July 10, 2024. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Counsel: Gonya Law, and […]