40 Fla. L. Weekly D1880a Civil procedure — Default — Vacation — Defective service of process — Substitute service — Error to deny motion to vacate default and default final judgment entered in forfeiture action where defendant filed affidavits stating that defendant did not, at time of service, live with the person on whom service […]

25 Fla. L. Weekly Fed. C1444a Copyrights — Infringement — Creator and licensor of stock photographs tailored to yellow pages industry brought breach of contract and copyright infringement claims against phone book publisher and company that performed outsourcing work using photos received from creator, claiming that publisher’s transfer of creator’s stock photographs to outsourcing company […]

25 Fla. L. Weekly Fed. D193a Insurance — Underinsured/uninsured motorist — Insureds’ action against insurer for injuries sustained in automobile accident — Federal jurisdiction — Diversity — Amount in controversy — Although face of complaint, which seeks coverage for breach of insurance contract and alleges only that amount in controversy exceeds $15,000, is insufficient to […]

40 Fla. L. Weekly D1887a Insurance — Homeowners — Trial court departed from essential requirements of law by staying insurer’s declaratory action on coverage pending resolution of underlying tort action against insured — The two actions are mutually exclusive — A determination of whether insurer has a duty to defend insured and indemnify her will […]

40 Fla. L. Weekly D1844b Torts — Automobile accident — Rear end collision — Comparative negligence — Plaintiff who was rear-ended by defendant while plaintiff was waiting for traffic to clear to make a left turn — Where there was no evidence that plaintiff breached any legal duty or failed to use reasonable care, jury […]