49 Fla. L. Weekly D186a SDG DADELAND ASSOCIATES, INC., et al., Appellants, v. KENYA ARIAS, Appellee. 3rd District. Case No. 3D22-2237. L.T. Case No. 18-6862. January 17, 2024. An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Counsel: Bleakley Bavol Denman & Grace, P.A., and Robert Bleakley, R.G. (Mack) McCormick, Jr., and […]
Articles
Wrongful death — Product liability — Asbestos — Mesothelioma — Causation — Product identification — Circumstantial evidence — Appeals — Standard of review
49 Fla. L. Weekly D203a LARRY D. SMITH, as Personal Representative of the Estate of Joan Smith, Appellant, v. CARLISLE INDUSTRIAL BRAKE & FRICTION, INC., Appellee. 1st District. Case No. 1D2021-2753. January 17, 2024. On appeal from the Circuit Court for Okaloosa County. Michael A. Flowers, Judge. Counsel: Mathew D. Gutierrez, The Ferraro Law Firm, […]
Insurance — Uninsured motorist — Argument — New trial — Action involving insured who had been seeking past medical expenses throughout trial before withdrawing that claim the day before closing arguments — Trial court did not abuse its discretion in denying insurer’s motion for new trial alleging that insured’s closing argument statement that, because insured was not seeking past medical expenses, insured’s medical experts did not have a “dog in the fight” had made jurors think that insurer misled them about the financial interests of insured’s witnesses and eviscerated insurer’s theme of the entire case, which was based on the bias and credibility of insured’s medical experts — Even if comments were misleading, comments were isolated and not so highly prejudicial and inflammatory that they deprived insurer of a fair trial
49 Fla. L. Weekly D217a STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CORA MATTHEWS, Appellee. 5th District. Case No. 5D22-1190. L.T. Case No. 2015-CA-000533. January 19, 2024. On appeal from the Circuit Court for Flagler County. Christopher A. France, Judge. Counsel: Warren B. Kwavnick, of The Law Office of Warren B. Kwavnick, PLLC, Pembroke […]
Insurance — Property — Insured’s action against insurer — Conditions precedent — Presuit notice — Trial court erred by dismissing insured’s breach of contract action based on insured’s failure to file pre-suit notice under section 627.70152 because policy at issue was purchased prior to statute’s enactment — Discussion of section 627.70152 and supreme court’s decision in Menendez v. Progressive Express Insurance Co. — Section 627.70152 does not apply retroactively to insurance policies entered into before the statute’s effective date because the statute does not include clear evidence of intent to apply retroactively — Even if legislature intended statute to apply retroactively, retroactive application is constitutionally impermissible because section 627.70152 is substantive in nature under precedent of supreme court — Conflict certified
49 Fla. L. Weekly D153a REBECCA HUGHES, Appellant, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 6th District. Case No. 6D23-296. L.T. Case No. 2021-CA-002048. November 22, 2023. Appeal from the Circuit Court for Collier County. Elizabeth V. Krier, Judge. Counsel: Raymond T. Elligett, Jr., and Amy S. Farrior, of Buell & Elligett, P.A., Tampa […]
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, […]