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 […]
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Attorney’s fees — Proposal for Settlement – Invalid Because it Did Not Apportion the Amount Between Plaintiffs
40 Fla. L. Weekly S199a Torts — Automobile accident — Attorney’s fees — Proposal for settlement — Proposal for settlement by one plaintiff which would resolve loss of consortium claim of offering plaintiff’s husband in addition to claim of offering plaintiff was a joint proposal, and was invalid because it did not apportion the amount […]
Insurance — Commercial general liability — Coverage — Products-completed operations — Duty to defend
25 Fla. L. Weekly Fed. C1068a Insurance — Commercial general liability — Coverage — Products-completed operations — Duty to defend — District court did not err in finding that insurer had a duty to defend insured homebuilder in underlying state court suit brought by homeowners against homebuilder arising from defects in construction of their house, […]
Wrongful death — Automobile accident — Failure to wear seatbelt — Evidence — Hearsay exception for admissions of party opponent
40 Fla. L. Weekly D814a Wrongful death — Automobile accident — Failure to wear seatbelt — Evidence — Hearsay — Exceptions — Admissions of party opponent — No error in allowing defense counsel to read into evidence a portion of deposition in which decedent’s daughter testified that her sister/decedent’s personal representative had told her that […]
Torts — Attorney’s fees — Proposal for settlement -Certificate of Service not Required
40 Fla. L. Weekly D848c Torts — Attorney’s fees — Proposal for settlement — Current statute and rules do not require that proposal for settlement contain certificate of service — Trial court properly found that proposal for settlement, notice of servicing such proposal, and e-mails produced for the hearing on motion to tax costs […]
