39 Fla. L. Weekly D1727a Insurance — Uninsured motorist — Jurisdiction — Once insurer confessed judgment for its policy limits, trial court lacked jurisdiction to take any action other than to enter judgment in amount of UM policy limits in favor of insured — Trial court departed from essential requirements of law by allowing insured […]
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Sovereign Immunity — Stormwater management — District entitled to statutory immunity
39 Fla. L. Weekly D1689b Torts — Negligence — Stormwater management — Immunity — Action by property owners against district board of trustees for state college alleging negligent design and operation of stormwater management system, which partially failed during an extraordinary rain event due to breach in pond retaining wall, resulting in overflow which ultimately […]
Accord and Satisfaction by statute–written communication must contain conspicuous statement that instrument is tendered as full satisfaction of claim
39 Fla. L. Weekly D1679b Contracts — Accord and satisfaction — Condominiums — Where purchaser of condominium unit at foreclosure sale tendered a check to condominium association in full and final satisfaction of association’s disputed claim for past due assessments, association’s negotiation of the check resulted in an accord and satisfaction — Trial court erred […]
Motion in Limine as to duty element of negligence claim tantamount to Motion for Summary Judgment and required sufficient notice
39 Fla. L. Weekly D1604b Torts — Summary judgment — Trial court erred in effectively granting defendant’s motion for summary judgment under the guise of a motion in limine — Motion in limine was used to grant summary judgment without affording plaintiff required notice — Hearing on motion in limine may not serve as a […]
UM Policy — Breach of policy obligation to appear for post-suit IME — finding of material breach or prejudice required to support forfeiture of coverage
39 Fla. L. Weekly D1575b Insurance — Uninsured motorist — Compulsory medical examination — Failure to attend — Error to enter summary judgment in favor of insurer after insured failed to appear for medical examination without finding of material breach by insured or finding of prejudice to insurer because of insured’s noncompliance with a policy […]
