48 Fla. L. Weekly S110a BRINDA COATES, etc., Petitioner, v. R.J. REYNOLDS TOBACCO COMPANY, Respondent. Supreme Court of Florida. Case No. SC2021-0175. June 15, 2023. Application for Review of the Decision of the District Court of Appeal Direct Conflict of Decisions/Certified Great Public Importance. Fifth District — Case No. 5D19-2549 (Orange County). Counsel: Jonathan A. […]
Articles
Attorney’s fees — Proposal for settlement — Appeals — Award of fees affirmed where record shows that trial court considered each statutory factor, along with chronology of case and other relevant criteria, in awarding attorney’s fees and costs pursuant to rejected proposal for settlement
48 Fla. L. Weekly D1129b THE MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, Appellant, v. LEWIS TEIN, P.L., GUY LEWIS and MICHAEL TEIN, Appellees. 3rd District. Case No. 3D21-1391. L.T. Case No. 16-21856. June 7, 2023. An appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Saunooke Law Firm, P.A., and Robert […]
Appeals — Federal — Jurisdiction — District court’s order compelling appraisal and staying action brought by insured against property insurer pending appraisal is an interlocutory order that is not immediately appealable under 28 U.S.C. § 1292(a)(1) or under the Federal Arbitration Act
29 Fla. L. Weekly Fed. C2515a POSITANO PLACE AT NAPLES I CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, POSITANO PLACE AT NAPLES II CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, POSITANO PLACE AT NAPLES III CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, POSITANO PLACE AT NAPLES IV CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, Plaintiffs-Appellees, […]
Insurance — Property — Coverage — Hurricane damage — Insurer filed motion for new trial after jury found that insurer breached terms of insurance policy when it denied insured’s claim for damages caused by hurricane and that insured’s covered damages amounted to $9,280,000 — District court properly denied insurer’s motion for new trial arguing that jury’s damages award was excessive — Jury’s damages award was not so inordinately large as obviously to exceed the maximum limit of a reasonable range within which the jury may properly operate, given the evidence in the record and the deference due the jury’s factual determinations and the district court
29 Fla. L. Weekly Fed. C2557a AM GRAND COURT LAKES LLC, AM 280 SIERRA DRIVE LLC, Plaintiffs-Counter Defendants-Appellees, v. ROCKHILL INSURANCE COMPANY, Defendant-Counter Claimant-Appellant. 11th Circuit. Case No. 20-13954. June 5, 2023. Appeal from the U.S. District Court for the Southern District of Florida (No. 1:18-cv-23576-KMW). (Before JILL PRYOR, NEWSOM, and GRANT, Circuit Judges.) (JILL […]
Insurance — Property — Coverage — Standing — Assignment of benefits — Insured’s action against insurer — Trial court erred in finding that insured lacked standing to sue insurer for breach of contract based on determination that insured had assigned her policy rights to third-party contractor — Assignment of benefits did not extinguish insured’s standing to sue insurer where scope of assignment was limited to the work performed by contractor, and contractor had failed to perform any work
48 Fla. L. Weekly D1118a MARGIE SALYER, Appellant, v. TOWER HILL SELECT INSURANCE COMPANY AND MASON DIXON CONTRACTING, INC., Appellees. 5th District. Case No. 5D22-345. L.T. Case Nos. 2019-CA-200, 2020-CA-1141. June 2, 2023. Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Senior Judge. Counsel: Geoffrey B. Marks, of Law Offices of Geoffrey […]