40 Fla. L. Weekly D123a Insurance — Homeowners — Sinkhole claim — Florida Insurance Guaranty Association — Trial court erred in applying the statutory definition of “covered claim” in effect when insurance policy was issued to determine scope of FIGA’s liability instead of the more restrictive definition in effect when the insurer was adjudicated insolvent, […]
Articles
Trial court errs in allowing a plaintiff to view surveillance footage before plaintiff’s deposition
40 Fla. L. Weekly D195a Torts — Automobile accident — Discovery — Trial court departed from essential requirements of law in permitting plaintiff to view a post-accident surveillance video before her deposition — Fairness requires that a defendant be permitted to depose plaintiff before turning over a surveillance video GWENDOLYN HANKERSON, Petitioner, v. NICOLE WILEY, […]
Non-party cannot be compelled to travel from out of state to attend deposition in Florida
40 Fla. L. Weekly D153b Insurance — Declaratory judgment — Discovery depositions — Non-residents — Trial court departed from essential requirements of law by denying plaintiff’s motion for protective order and requiring non-party who resided and worked in Pennsylvania to be deposed in Broward County — Defendant failed to demonstrate that individual was an officer, […]
Commercial Property Insurance — Sinkhole coverage — enforceability of appraisal clause
40 Fla. L. Weekly D78a Insurance — Commercial property — Sinkhole claim — Appraisal — Trial court erred in determining that appraisal clause in policy was unenforceable because policy provided that insurer retained right to deny claim following appraisal — Dispute over method of repair required to return property to its original state is subject […]
Post-Trial / Appellate Practice – Order dismissing case without prejudice, without leave to amend is final, appealable order; Motion for relief from judgment under Rule 1.540 should be sworn to
40 Fla. L. Weekly D80b Mortgage foreclosure — Where trial court had dismissed complaint without prejudice without granting leave to amend, court did not have power to grant an untimely motion for rehearing and vacate the order of dismissal — Plaintiff is not barred from seeking relief by way of timely and procedurally adequate motion […]
