49 Fla. L. Weekly D436b SANDRA LEFTWICH, Appellant, v. WAL-MART STORES EAST, LP and THOMAS SCHOENDORF, Appellees. 5th District. Case No. 5D22-2821. L.T. Case No. 2020-CA-0370. February 22, 2024. On appeal from the Circuit Court for Hernando County. Donald Scaglione, Judge. Counsel: Brian J. Lee, of Morgan & Morgan, Jacksonville, for Appellant. Andrew S. Bolin […]
Articles
Insurance — Homeowners — Coverage — Inconsistent verdict — Action alleging that insurer had breached insurance contract by failing to cover damages to insured’s dock — Trial court erred in entering judgment in favor of insured where, despite entering an amount for the actual cash value of the dock on the verdict form, jury found that insurer had established that the loss was not covered by the policy — Jury’s verdict was not legally inconsistent where question on verdict form asking jury the cost to repair dock at actual cash value presented a limited inquiry directed to a factual matter and did not, on its face, assign liability to insurer for the cost of repair or ask jury to determine amount of damages owed to insured
49 Fla. L. Weekly D433a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. PARIS TSIRNIKAS, Appellee. 2nd District. Case No. 2D22-3539. February 23, 2024. Appeal from the Circuit Court for Pinellas County; Keith Meyer, Judge. Counsel: Andrew A. Labbe of Groelle & Salmon, P.A., Tampa, for Appellant. Charles M. Schropp of Schropp Law Firm, P.A., […]
Insurance — Property — Insured’s action against insurer — Conditions precedent — Presuit notice — No error in dismissing insureds’ breach of contract action based on insureds’ failure to provide written presuit notice of intent to initiate litigation as required by section 627.70152(3), despite the fact that policy was issued before the effective date of the statute — Because subsection 627.70152(1) applies the statute to “all suits” arising under a residential or commercial property insurance policy, and because subsection 627.70152(3) serves as a condition precedent to filing a suit under a property insurance policy, the statute contains a clear legislative intent to apply retroactively to all claims regardless of when a policy was issued — Additionally, retroactive application of statute was not improper because the presuit notice requirement is procedural, not substantive, in nature — Conflict certified
49 Fla. L. Weekly D360a FERNANDO CANTENS and ANA MARIE CANTENS, Appellants, v. CERTAIN UNDERWRITERS AT LLOYD’S LONDON, etc., Appellee. 3rd District. Case No. 3D22-0917. L.T. Case No. 21-27680 CC. February 14, 2024. An Appeal from the County Court for Miami-Dade County, Michael G. Barket, Judge. Counsel: Your Insurance Attorney, PLLC, and Joshua R. Lopez […]
Contracts — Limited liability companies — Operating agreement — Employment agreement — Attorney’s fees — Prevailing party — Trial court did not err in finding that LLC was the prevailing party on count alleging breach of member employment agreement for the purpose of awarding attorney’s fees despite fact that trial court awarded no damages on the claim — While damages are an essential element to be proven by a plaintiff in a breach of contract action, proof of damages is not a condition precedent for a party asserting a breach of contract claim to be considered a prevailing party — The significant issue in the count was whether member breached employment agreement, and trial court’s finding that member breached the agreement was not clearly erroneous — Trial court did not err in entering judgment in favor of LLC on count seeking payment of balance of buy-in price member was required to pay under operating agreement — Parties’ failure to execute a promissory note as contemplated by the operating agreement was not fatal to existence of debt member owed the LLC — Because lack of promissory note did not eviscerate existence of buy-in debt, lack of promissory note did not preclude enforcement of the debt against member — Under operating agreement, balance member owed for buy-in remained an indebtedness even after member’s resignation
49 Fla. L. Weekly D297b KUN XIANG, M.D., Appellant, v. OCALA HEART CLINIC II, LLC, WILLIAM F. DRESEN, M.D., JOSEPH R. ALONSO, M.D., VIJAY K. MITTAL, M.D., SUREXA CACODCAR, M.D., LAN LUO, M.D. and TONG LIU, M.D., Appellees. 5th District. Case No. 5D23-1402. L.T. Case No. 2019-CA-000944. February 2, 2024. On appeal from the Circuit […]
Torts — Automobile accident — Damages — Additur — New trial — Trial court abused its discretion in granting new trial on plaintiffs’ past and future non-economic damages and future loss of consortium damages following defendant’s rejection of additur ordered by the trial court — Evidence presented to jury was sufficiently conflicting such that its verdict awarding past non-economic damages and future non-economic damages was entirely consistent with the evidence the jury received and evaluated at trial — Additionally, award of loss of consortium damages was fully consistent with express trial testimony — Motion for appellate attorney’s fees is denied as untimely
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, […]