40 Fla. L. Weekly D891a Torts — Automobile accident — Rear-end collision — Damages — Mental anguish and financial hardship — Trial court erred in allowing evidence regarding mental anguish plaintiff suffered from defendant’s desire to leave accident scene, a minor auto collision, defendant’s failure to apologize to plaintiff, and defendant’s delay in admitting negligence […]
Articles
Wrongful Death – Action Against Dram Shop that Served Alcoholic Beverages – Summary Judgment Reversed
40 Fla. L. Weekly D863a Wrongful death — Alcoholic beverages — Action against dram shop which served alcoholic beverages to decedent before he crashed his car, resulting in death — Error to enter summary judgment for defendant on basis that evidence did not establish that decedent was a habitual drunkard or the defendant served alcoholic […]
Insurance – Insurable Interest at the Time of the Loss
40 Fla. L. Weekly D862a Insurance — Homeowners — Insurable interest — Trial court erred in dismissing breach of contract action against insurer by insured’s assignee on ground that assignee did not have an insurable interest in the insured home at the time of loss — A post-loss assignee is not required to have an […]
Attorneys’ Fees – Proposal for Settlement – Joint Offer by Two Defendants Invalid Because it Did Not Apportion the Amount Attributable to Each Offeror
40 Fla. L. Weekly S201a Torts — Negligent hiring and retention — Attorney’s fees — Proposal for settlement — Joint proposal for settlement by two defendants was invalid where it did not apportion the amount attributable to each offeror — It was error to award attorney’s fees to defendant pursuant to offer of judgment statute […]
Attorney’s fees — Contracts — Prevailing Party – No Fees Where Party Failed to Request Fees When Answering Counterclaim
40 Fla. L. Weekly D818a Attorney’s fees — Contracts — Prevailing party — In multiple-claim case, trial court abused its discretion in denying fees to prevailing party, restaurant buyers, on seller’s breach of contract claim where buyers did not prevail in fraudulent inducement counterclaim, reasoning incorrectly that “neither party prevailed” — Even though sellers prevailed […]