49 Fla. L. Weekly D292a CAMERON ANDREW GARROW and KENNETH JOSEPH GARROW, Appellants, v. ANN MARIE ANTONIETTA and JAMES ANTONIETTA, Appellees. 5th District. Case No. 5D23-1515. L.T. Case No. 2020-CA-000883. February 2, 2024. On appeal from the Circuit Court for Seminole County. Dawn P. Fields, Judge. Counsel: Ezequiel Lugo, of Banker Lopez Gassler, P.A., Tampa, […]
Articles
Torts — Premises liability — Slip and fall — Dismissal — Fraud on court — Trial court erred in dismissing for fraud on the court plaintiff’s entire personal injury action filed after she slipped and fell at defendant’s store where trial court did not appropriately balance policy favoring adjudication on merits with competing policies to maintain integrity of judicial system — Competent substantial evidence supported trial court’s finding that, clearly and convincingly, plaintiff had intentionally lied about extent of her movement limitations and pain after her fall in defendant’s store, and specific finding that plaintiff’s explanations for the discrepancies were not credible — Trial court abused discretion in dismissing entire action as a sanction — Trial court properly dismissed portion of claim for pain and suffering damages and lost wages because plaintiff’s repeated pretrial lies about her limitations and pain demonstrated her willingness to lie under oath at trial, which comprehensively infected the integrity of the action seeking pain and suffering and lost wages damages — Plaintiff should not be allowed to pursue pain and suffering or lost wages damages when such evidence is prone to rely on plaintiff’s subjective testimony — Plaintiff remains entitled to pursue claims for medical expenses occurring during her medical treatment because such claims can be determined by objective evidence without reliance on subjective testimony
49 Fla. L. Weekly D233a JONIDA GOGA, GENTIAN ZELKA, J.Z., a minor, and A.Z., a minor, Appellants, v. PUBLIX SUPERMARKETS, INC., Appellee. 4th District. Case No. 4D2023-0011. January 24, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara Anne McCarthy, Judge; L.T. Case No. CACE20-015950. Counsel: Annabel C. Majewski of […]
Insurance — Appraisal — Premature — Terms of policy gave insured the contractual right to an appraisal where there was a disagreement over amount of loss caused by covered peril — Trial court was not required to resolve coverage issues before compelling appraisal — The existence of a coverage dispute based on allegations of fraud or material misrepresentations did not preclude a concurrent amount-of-loss issue when parties also disagree about the amount of damage caused by a covered event — Trial courts have discretion in determining the order in which coverage and amount of loss issues are resolved
49 Fla. L. Weekly S13a AMERICAN COASTAL INSURANCE COMPANY, Petitioner, v. SAN MARCO VILLAS CONDOMINIUM ASSOCIATION, INC., Respondent. Supreme Court of Florida. Case No. SC2021-0883. February 1, 2024. Application for Review of the Decision of the District Court of Appeal Certified Direct Conflict of Decisions. Sixth District – Case No. 6D23-9 (Polk County). Counsel: Patrick […]
Torts — Fraud — Civil remedies for criminal practices — Immunity — Litigation privilege — Judgment on pleadings — Appeals — Certiorari — Action alleging that defendant had falsified corporate documents to obstruct his removal from plaintiff company filed after parties had reached settlement in prior action seeking to remove defendant — Trial court did not depart from essential requirements of the law by denying defendant’s motion for judgment on the pleadings which alleged absolute immunity from suit by virtue of litigation privilege — Litigation privilege was inapplicable where complaint expressly alleged and sought liability for conduct that did not arise while any relevant litigation was ongoing and which was not necessarily preliminary or a prerequisite to it — Court rejects argument that defendant is nonetheless immune from present action because the disagreement about the truth or falsity of his representations was not only relevant to, but the genesis of, the prior lawsuit between the parties — Litigation privilege does not immunize allegedly fraudulent conduct merely because a lawsuit is later filed about it — Release in stock purchase agreement between the parties did not immunize defendant from suit — While defendant may have a valid affirmative defense to lawsuit by virtue of release, it does not render him immune from suit
49 Fla. L. Weekly D239a DANIEL DRISCOLL, Petitioner, v. ERIC KNELLINGER and U.S. FEDERAL CONTRACTOR REGISTRATION, INC., a Florida corporation, Respondents. 2nd District. Case No. 2D23-459. January 26, 2024. Petition for Writ of Certiorari to the Circuit Court for Pinellas County; Patricia Ann Muscarella, Judge. Counsel: Craig L. Berman of Berman Law Firm, P.A., St. […]
Torts — Premises liability — Slip and fall — Dismissal — Fraud on court — Trial court erred in dismissing for fraud on the court plaintiff’s entire personal injury action filed after she slipped and fell at defendant’s store where trial court did not appropriately balance policy favoring adjudication on merits with competing policies to maintain integrity of judicial system — Competent substantial evidence supported trial court’s finding that, clearly and convincingly, plaintiff had intentionally lied about extent of her movement limitations and pain after her fall in defendant’s store, and specific finding that plaintiff’s explanations for the discrepancies were not credible — Trial court abused discretion in dismissing entire action as a sanction — Trial court properly dismissed portion of claim for pain and suffering damages and lost wages because plaintiff’s repeated pretrial lies about her limitations and pain demonstrated her willingness to lie under oath at trial, which comprehensively infected the integrity of the action seeking pain and suffering and lost wages damages — Plaintiff should not be allowed to pursue pain and suffering or lost wages damages when such evidence is prone to rely on plaintiff’s subjective testimony — Plaintiff remains entitled to pursue claims for medical expenses occurring during her medical treatment because such claims can be determined by objective evidence without reliance on subjective testimony
49 Fla. L. Weekly D233a JONIDA GOGA, GENTIAN ZELKA, J.Z., a minor, and A.Z., a minor, Appellants, v. PUBLIX SUPERMARKETS, INC., Appellee. 4th District. Case No. 4D2023-0011. January 24, 2024. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara Anne McCarthy, Judge; L.T. Case No. CACE20-015950. Counsel: Annabel C. Majewski of […]