24 Fla. L. Weekly Fed. S517a Appeals — Final orders — Whether a claim for attorney’s fees is based on a statute, contract, or both, the pendency of a ruling on an award for fees and costs does not prevent, as a general rule, the merits judgment from becoming final for purposes of appeal — […]
Articles
Workers’ Compensation / Tort Immunity: Fact issue whether plaintiff was an employee of defendant precluded summary judgment on the issue of Workers’ Comp immunity
39 Fla. L. Weekly D209b Torts — Workers’ compensation immunity — Action against contractor and plumbing subcontractor by plaintiff who was injured during the course and scope of his employment while helping to install a pipe after delivering it to job site from plumbing supply company — Trial court erred in entering summary judgment for […]
Fifth DCA revises prior opinion regarding enforceability of liability waiver; maintains position that waiver was not specific enough to release negligence of releasee
39 Fla. L. Weekly D223d Torts — Releases — Action against owner of Go-Kart track, alleging that defendant’s employee negligently increased Go-Kart speed during a race, causing plaintiff to sustain injuries when she lost control and crashed into railing — Error to enter summary judgment for defendant on basis of waiver and release form signed […]
First DCA certifies conflict with Fifth DCA / certifies as a question of great public importance the question whether Citizens is immune from statutory bad faith under Section 624.155(1)(b), Fla. Stat.
39 Fla. L. Weekly D213a Insurance — Bad faith failure to settle claim — Citizens Property Insurance Corporation — Trial court erred in dismissing complaint against Citizens Property Insurance Corporation, alleging failure to attempt in good faith to settle claim, on ground that Citizens is immune from suit — Citizens’ immunity does not extend to […]
Premises liability — No duty to make landscaped area safe for walking when business provided a paved walkway
39 Fla. L. Weekly D157a Torts — Premises liability — Business invitees — Trip and fall on above-ground tree roots in landscaping area — Defendant had no duty to make landscaping areas safe for walking when it had already provided concrete walkways for invitees to cross landscaping areas — Fact that two other persons had […]