48 Fla. L. Weekly D2127a DISCOUNT TIRE CO., Appellant, v. TAMMY BRADFORD, as Personal Representative of the Estate of MICHAEL BLAZE BRADFORD, deceased; and as PERSONAL REPRESENTATIVE of the ESTATE of WARREN MICHAEL BRADFORD, deceased, Appellee. 5th District. Case No. 5D22-1901. L.T. Case No. 2019-10377-CIDL. November 3, 2023. On appeal from the Circuit Court for […]
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Costs — Prevailing party — Trial court improperly awarded costs which were not taxable under the Statewide Uniform Guidelines for Taxation of Costs and applicable caselaw by including costs for computer-assisted legal research, postage, meals, mileage, and parking
48 Fla. L. Weekly D2112a FLOPRO, LLC, Appellant, v. EOX TECHNOLOGY SOLUTIONS, INC., Appellee. 4th District. Case No. 4D2023-0001. November 1, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sandra Perlman, Judge; L.T. Case No. CACE-17-06535. Counsel: Maury L. Udell of Beighley, Myrick, Udell & Lynne, PA, Miami, for appellant. […]
Landlord-tenant — Constructive eviction — Attorney’s fees — Proposal for settlement — Error to award attorney’s fees and costs to landlord based on tenant’s rejection of landlord’s pretrial settlement offer — Proposal for settlement served by landlord did not satisfy the legal standards for an award of fees and costs under section 768.79 and Rule 1.442 where proposal did not state that it would resolve “all damages” awardable in a final judgment, and failed to expressly address landlord’s counterclaims against tenant
48 Fla. L. Weekly D2123a REBECCA KNAPP, Appellant, v. HARLEY H. HARLING, Appellee. 1st District. Case No. 1D2022-2256. November 1, 2023. On appeal from the Circuit Court for Alachua County. Donna M. Keim, Judge. Counsel: Joseph W. Little, Gainesville, for Appellant. Caryn L. Bellus and Jazmine Janine L. Dykes of Kubicki Draper, P.A., Miami, for […]
Insurance — Homeowners — Coverage — Water damage — Act of nature — Tear out costs — Water loss caused by deterioration of property’s cast iron plumbing — Trial court did not err in determining that water damage exclusion endorsement in subject policy, which excluded coverage for the overflow of water caused by any act of nature, was applicable because corrosion of plumbing is an “act of nature” — Discussion of meaning of “act of nature” — Only contextually reasonable meaning of “act of nature” is “something that naturally occurs,” which includes a naturally occurring process like rust and corrosion — Trial court erred in determining that limited water damage coverage endorsement, which only applied to “covered property” that suffered “sudden and accidental direct physical loss,” covered tear out and replacement cost of concrete slab that insureds had to destroy to access plumbing system — Slab was an ancillary loss and ancillary losses were excluded by the WDX endorsement — Additionally, ancillary slab damage caused by tear out was not a direct physical loss, much less a sudden and accidental one
48 Fla. L. Weekly D2172d PEOPLE’S TRUST INSURANCE COMPANY, Appellant/Cross-Appellee, v. PAUL GUNSSER, Appellee/Cross-Appellant. 6th District. Case No. 6D23-492. L.T. Case No. 20-CA-002396. November 9, 2023. Appeal from the Circuit Court for Lee County. Sherra Winesett, Judge. Counsel: Mark D. Tinker and Francesca M. Stein, of Cole, Scott & Kissane, P.A., Tampa, for Appellant/Cross-Appellee. Mark […]
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
48 Fla. L. Weekly D2168a STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CORA MATTHEWS, Appellee. 5th District. Case No. 5D22-1190. L.T. Case No. 2015-CA-000533. November 9, 2023. 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 […]