39 Fla. L. Weekly D2301a Insurance — Automobile accident — Excess liability — Coverage — Trial court erred in entering summary judgment, determining permissive user of automobile was covered under automobile owner’s umbrella policy, where an issue of material fact remains regarding whether the insured satisfies umbrella policy’s requirement that he could be “legally obligated” […]
Articles
Offer of Judgment / Proposal for Settlement — Attorneys’ Fees not recoverable for a claim voluntarily dismissed without prejudice prior to determination of liability
39 Fla. L. Weekly D2339a Attorney’s fees — Proposal for settlement — Error to award fees to defendant pursuant to proposal for settlement for count which had been voluntarily dismissed before any determination of liability had been reached SCHERER CONSTRUCTION & ENGINEERING OF CENTRAL FLORIDA, LLC, Appellant, v. THE SCOTT PARTNERSHIP ARCHITECTURE, INC., Appellee. 5th […]
Homeowners’ Insurance — Sinkhole Claim — Effect of insured’s breach of concealment provision of policy
39 Fla. L. Weekly D2257a Insurance — Homeowners — Sinkhole claim — Breach of contract action against insurer which denied sinkhole claim after its expert determined that sinkhole was not the cause of damage to insureds’ home — Trial court erred in entering summary judgment for insurer in insureds’ breach of contract action on ground […]
Supreme Court makes significant amendments to Rules of Appellate Procedure
39 Fla. L. Weekly S665a Rules of Appellate Procedure — Amendment IN RE: AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE. Supreme Court of Florida. Case No. SC14-227. November 6, 2014. Original Proceeding — Florida Rules of Appellate Procedure Committee. Counsel: Wendy S. Loquasto, Chair, Appellate Court Rules Committee, Fox & Loquasto P.A., Tallahassee, Eduardo […]
Appellate Practice — appeal of judgment for costs and fees; although viability of judgment for costs / fees to prevailing party necessarily predicated on affirmance of underlying substantive judgment, reversal of cost / fee award should be argued in initial brief
39 Fla. L. Weekly D2220a Contracts — Real property sale — Breach of warranty — Fraudulent misrepresentation — Complaint alleging that defendant made fraudulent misrepresentations and breached warranty that there existed no violations of land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority by selling to buyer a building that was […]