50 Fla. L. Weekly D2059d AQUASTAR HOLDINGS LLC, Appellant, v. AVANT DESIGN GROUP, INC., et al., Appellees. 3rd District. Case No. 3D24-0742. L.T. Case No. 18-22242-CA-01. September 17, 2025. An Appeal from the Circuit Court for Miami-Dade County, Charles Kenneth Johnson, Judge. Counsel: The Law Offices of Kristin Vivo, PLLC, and Kristin Vivo and Alicia […]
Articles
Insurance — Property — Attorney’s fees — Prevailing party — Contingency fee multiplier — No abuse of discretion in applying a 2.0 contingency fee multiplier to insured’s fee award
50 Fla. L. Weekly D2070a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. ELIZABETH ARAGONES, Appellee. 3rd District. Case No. 3D24-0488. L.T. Case No. 21-5914-CA-01. September 17, 2025. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge. Counsel: Link & Rockenbach, PA, and Kara Rockenbach Link and David A. Noel (West […]
Torts — Premises liability — Parking lots — Proximate cause — Action stemming from injuries plaintiff suffered when he was struck by a vehicle after third-party passenger pressed on accelerator while plaintiff was leaving an event hosted at defendant’s venue — Trial court did not err by granting summary judgment in favor of defendant based on determination that defendant’s failure to create a traffic plan or direct traffic did not proximately cause plaintiff’s injuries — Unpredictable criminal conduct of vehicle passenger was an unforeseeable, intervening cause independent of any negligence on part of defendant — Furthermore, to the extent a defendant should foresee a third party’s negligent operation of a vehicle, it’s generally negligent operation by the driver rather than by the passenger
50 Fla. L. Weekly D2045a JARVIS COLEMAN, Appellant, v. VIA ENTERTAINMENT, LLC, VIA FOOD AND BEVERAGE, LLC, LAKE SQUARE MALL REALTY MANAGEMENT, LLC, VILLAGE LAKE PROMENADE, LLC, and DAVID WARD, Appellees. 5th District. Case No. 5D2023-2885. L.T. Case No. 2020-CA-000440-A. September 12, 2025. On appeal from the Circuit Court for Lake County. Dan R. Mosley, […]
Insurance — Coverage — Tear out costs
50 Fla. L. Weekly D2046a SECURITY FIRST INSURANCE COMPANY d/b/a Security First Florida, Appellant, v. ARTIE M. ECHAVARRIA and ARGIRO ECHAVARRIA, Appellees. 5th District. Case No. 5D2024-1476. L.T. Case No. 2020-030510-CICI. September 12, 2025. On appeal from the Circuit Court for Volusia County. Mary G. Jolley, Judge. Counsel: Mark D. Tinker and Brandon J. Tyler, […]
Wrongful death — Counties — Accident in which police car driven by police officer struck and killed decedent — Mistrial — Courtroom conduct — Trial court did not abuse its discretion in denying county’s motion and renewed motions for mistrial directed at cumulative effect of courtroom conduct of personal representative, who was decedent’s wife, and her family members during first two days of six-day jury trial — Transcript plainly reflects that county made no contemporaneous objection to wife’s crying, mother-in-law’s cellphone use, and wife’s clothing, and conduct, whether viewed individually or collectively, did not constitute fundamental error — With respect to wife’s embracing and hugging her family, which was the only objected-to-incident, defendant failed to meet burden to establish that verdict was wholly unsupported by evidence or was result of passion, prejudice, or other improper motive
50 Fla. L. Weekly D2037a MIAMI-DADE COUNTY, Appellant, v. JEISHY MARIANA ZERPA MALPICA, etc., Appellee. 3rd District. Case No. 3D24-1472. L.T. Case No. 21-21127-CA-01. September 10, 2025. An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge. Counsel: Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Nicole Ramos-Barreau, Assistant County Attorney, for appellant. Heise Suarez […]