49 Fla. L. Weekly D166a JOHN KNOX VILLAGE OF CENTRAL FLORIDA, INC., and LESLY MOMPOINT, as to MAJESTIC OAKS, Appellants, v. ESTATE OF ALMA JANE LAWRENCE, by and through MARIAN K. CASTLEMAN, PERSONAL REPRESENTATIVE, Appellee. 5th District. Case No. 5D22-1867. L.T. Case No. 2020-10896-CIDL. January 12, 2024. Nonfinal appeal from the Circuit Court for Volusia […]
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Insurance — Property — Insured’s action against insurer — Complaint filed less than ten days after filing notice of intent to initiate litigation is premature
FLWSUPP 3109SCAL JOHN SCALISI, Plaintiff, v. SAFE HARBOR INSURANCE COMPANY, Defendant. Circuit Court, 20th Judicial Circuit in and for Lee County. Case No. 23-CA-000066. August 31, 2023. Michael McHugh, Judge. Counsel: Chad M. Weatherstone, for Plaintiff. Dayana Hernandez, Salehi, Boyer, Lavigne, Lombana, P.A., for Defendant. ORDER ON DEFENDANT’SMOTION TO DISMISS, OR IN THE ALTERNATIVE,ABATE PREMATURE […]
Insurance — Evidence — Witnesses — Insurer’s designated corporate representative lacked personal knowledge required to testify as fact witness where representative only reviewed documents created by others after litigation was initiated — Representative may testify as records custodian upon showing that requirements of section 90.803(6) are met
FLWSUPP 3109WILL A.J. WELLS ROOFING & CONSTRUCTION, a/a/o Mavis Williams, Plaintiff, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. Circuit Court, 4th Judicial Circuit in and for Duval County, Civil Division. Case No. 2022-CA-000052. November 7, 2023. Robert M. Dees, Judge. Counsel: Charles P. Pearson and Dale S. Shelton, Shelton Law, PLLC, Tallahassee, for Plaintiff. […]
Insurance — Property — Insured’s action against insurer — Conditions precedent — Presuit notice — Trial court erred in dismissing action based on insured’s failure to file presuit notice pursuant to section 627.70152 where, although action was filed after statute’s enactment, both the policy’s coverage period and the insured’s loss occurred before the statute’s enactment — Conflict certified
49 Fla. L. Weekly D132a JOHN SULZER and JEANETTE ROBERTS SULZER, Appellants, v. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Appellee. 6th District. Case No. 6D23-391. L.T. Case No. 2021CC494. January 8, 2024. Appeal from the County Court for Hendry County. Darrell R. Hill, Judge. Counsel: Paul B. Feltman, of Alvarez, Feltman, Da Silva & Costa, […]
Torts — Automobile accident — Vicarious liability — Respondeat superior — Scope of employment — No error in granting summary judgment in favor of driver’s employer — As a matter of law, driver was not acting within the scope of his employment as a banquet manager by calling or attempting to call defendant employer at the time of the accident to give instructions regarding an ongoing banquet — Neither driving, nor using a personal cell phone while driving home, was an integral part of the work driver was hired to perform — Even if driver was motivated to further defendant’s interests when he placed the phone call to defendant around the time of the accident, driver’s decision to do so by using his personal cell phone while driving his personal vehicle on his way home was for driver’s own convenience
49 Fla. L. Weekly D124a ALICIA MCKEE, individually and as Personal Representative of the ESTATE OF PAUL JAMES MCKEE, Appellant, v. CRESTLINE HOTELS & RESORTS, LLC, d/b/a HILTON SINGER ISLAND OCEANFRONT/PALM BEACHES, Appellee. 4th District. Case No. 4D2022-3428. January 10, 2024. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jaimie […]