25 Fla. L. Weekly Fed. S15a Jurisdiction — Federal — Removal of state court action to federal court — Amount in controversy — As specified in 28 U.S.C. §1446(a), a defendant’s notice of removal need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold; the notice need not contain evidentiary […]
Articles
Homeowners’ insurance — policy unambiguously barred coverage for sinkhole loss
40 Fla. L. Weekly D14b Insurance — Homeowners — Sinkhole claims — Policy at issue clearly and unambiguously excluded coverage for sinkhole loss — Fact that policy contains a provision describing the neutral evaluation process in the event of a sinkhole loss cannot reasonably be read as creating coverage for a loss that is unambiguously […]
Fourth DCA determines Offer of Judgment / Proposal for Settlement issued by multiple offerors to one offerree is enforceable
40 Fla. L. Weekly D23a Torts — Medical malpractice — Attorney’s fees — Proposal for settlement — Joint proposal — All or nothing proposal made by multiple offerors to a single offeree is an acceptable proposal for settlement — Cover letter sent to defendant notifying defendant of the enclosed proposal of settlement was not itself […]
Punitive Damages for shop owner’s sale of alcohol to minor involved in automobile accident — pleading and proof of conduct warranting claim for punitive damages —
40 Fla. L. Weekly D31a Wrongful death — Action against defendants who sold alcoholic beverages to underage person who was involved, while intoxicated, in automobile accident that killed decedent — Error to enter summary judgment for defendants on basis that sale of alcoholic beverages to underage person was not willful, where there was factual issue […]
First DCA reverses award of costs / fees pursuant to Offer of Judgment — proposal directed to one defendant but required payment from another defendant
40 Fla. L. Weekly D41a Torts — Attorney’s fees — Proposal for settlement — Proposal addressed to one defendant which stated that plaintiff would dismiss action against both defendants after second defendant or his agents tenders the proposed settlement amount was invalid — Proposal deprived defendant to whom proposal was addressed of the ability to […]
