49 Fla. L. Weekly D871a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. YIMI ELIS SANTOS, et al., Appellees. 3rd District. Case No. 3D23-0940. L.T. Case No. 21-11532. April 17, 2024. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Russo Appellate Firm, P.A., and Paulo R. Lima and Elizabeth K. […]
Articles
Insurance — Attorney’s fees — Prevailing party — Amount — Reasonableness — Trial court erred by adopting insured’s proposed award, including a flat reduction in hours, without making specific findings as to the reasonableness of the rates or billing records proffered by insureds — Because disputed issues of fact remain, appropriate remedy is to remand for further development of record and to allow trial court to make appropriate finding regarding lodestar amount
49 Fla. L. Weekly D871a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. YIMI ELIS SANTOS, et al., Appellees. 3rd District. Case No. 3D23-0940. L.T. Case No. 21-11532. April 17, 2024. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Russo Appellate Firm, P.A., and Paulo R. Lima and Elizabeth K. […]
Torts — Premises liability — Negligent security — Criminal attack — Action against owner of apartment complex and property manager by plaintiff who was attacked by unknown assailant positioned outside property at time of the incident on a public street that was not controlled by defendants — Trial court did not err in granting summary judgment in favor of defendants where plaintiff failed to demonstrate that genuine issue of material fact existed as to whether assailant was in fact off the premises and failed to present any evidence suggesting that defendants created a dangerous condition that would expand their zone of foreseeable risk outside of the property limits — Moreover, record reflects that armed security guards were actively patrolling the property at time of incident and that operable security cameras were positioned throughout the apartment complex, and plaintiff presented no evidence illustrating that defendants failed to have adequate security measures in place to safeguard or prevent the shooting in which plaintiff was injured — Finally, trial court found that uncontroverted facts and record evidence established that plaintiff was victim of personal, targeted attack by unknown assailant and, accordingly, plaintiff failed to demonstrate that a genuine issue of material fact existed as to whether shooting was foreseeable
49 Fla. L. Weekly D802a ADEON BROWNLEE, Appellant, v. 22ND AVENUE APARTMENTS, LLC, et al., Appellees. 3rd District. Case No. 3D23-998. L.T. Case No. 20-27167. April 10, 2024. An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge. Counsel: Law Office of Lance A. Garrett, P.A., and Lance A. Garrett (Plantation), for […]
Insurance — Declaratory judgment — Trial court erred in granting motion for summary judgment seeking declaration that policy at issue was in full force and effect, not void ab initio, and that there was no material misrepresentation in the application for insurance where complaint sought only a declaration that policy was not properly cancelled for alleged nonpayment
49 Fla. L. Weekly D801a FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. MANUEL V. FEIJOO, M.D., and MANUEL V. FEIJOO, M.D., P.A., etc., Appellees. 3rd District. Case No. 3D22-1529. L.T. Case No. 17-14026 SP. April 10, 2024. An Appeal from the County Court for Miami-Dade County, Elijah A. Levitt, Judge. Counsel: Kubicki Draper, P.A., and Caryn […]
Torts — Jurisdiction — Nonresidents — Tortious act in state — Trial court erred in denying motion to dismiss for lack of jurisdiction filed by defendant, an interactive social networking platform, in an action seeking to hold it liable for failing to suspend a user who cloned plaintiff’s marketplace vendor account, solicited orders for plaintiff’s product, and refused to deliver goods as promised — General jurisdiction — Plaintiff abandoned any assertion of general jurisdiction by failing to file a counter-affidavit or provide any sworn proof to prove jurisdiction in response to defendant’s legally sufficient affidavit — Specific jurisdiction — Complaint did not sufficiently allege tort claim against interactive social networking platform — Instead, plaintiff alleged equitable claims seeking to suspend unknown user’s fraudulent account and obtain documents that would enable plaintiff to identify the user who cloned vendor’s account — Moreover, there were no extraneous factual allegations in complaint to support contention that inaction of social networking platform rose to level of tacit complicity in the commission of any of the tort claims advanced against the unknown user or any unpled torts — Further, there is no precedent to support proposition that platform’s purported violation of its own policies and procedures is a sufficient substitute for alleging that the platform engaged in a tort in the state — Finally, “effects test” cannot be used to circumvent language of statute, as this requires a tort that was intentional, aimed at the forum state, and caused harm that defendant should have anticipated would be suffered in the forum state
49 Fla. L. Weekly D715b FACEBOOK, LLC, Appellant, v. GRIND HARD HOLDINGS, LLC, Appellee. 3rd District. Case No. 3D23-0948. L.T. Case No. 22-17030. April 3, 2024. An appeal from a non-final order from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge. Counsel: Kozyak Tropin & Throckmorton, Dwayne Robinson, Orrick, Herrington & Sutcliffe LLP, Robbie […]