48 Fla. L. Weekly D1102b NATALIA DEMARCO FUENTES, Appellant, v. LUXURY OUTDOOR DESIGN, INC., a Florida for profit corporation, ROBERT COGGINS, an individual, and ROBERT ANASTASI, an individual, Appellees. 4th District. Case No. 4D22-332. May 31, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Keathan Frink, Judge; L.T. Case No. […]
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Civil procedure — Default — Relief from judgment — Insufficient service of process — Motion for enlargement of time to respond does not constitute general appearance and does not waive defense of lack of jurisdiction for insufficient service of process — Trial court erred by denying motion for relief from default judgment based on finding that insufficient service defense was waived because attorney who filed motion did not have authority to appear on behalf of movant — Remand for further proceedings
48 Fla. L. Weekly D1101h SUPERIOR BROKERAGE SERVICES, INC., Appellant, v. ELYAHU MADUEL and DISTR. MED. LLC, Appellees. 4th District. Case No. 4D23-876. May 31, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. CACE20-007160. Counsel: Austin Grinder of the Ruth Law Team, St. […]
Torts — Damages — Setoff — Collateral sources — Trial court did not err in refusing to set off the difference between medical bills for plaintiff’s surgery and the amount the medical provider received from insurance company — Error to set off amounts from jury verdict for which a right of subrogation existed
YELLOW CAB OF JACKSONVILLE GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY; NORTHERN FLORIDA TRANSPORTATION GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY; PENINSULA TRANSPORTATION GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY; AND JACKSONVILLE TRANSPORTATION GROUP, LLC, AN ADMINISTRATIVELY DISSOLVED FLORIDA LIMITED LIABILITY COMPANY, Appellants/Cross-Appellees, v. SHAUN LUTCHMAN, Appellee/Cross-Appellant. 5th District. Case No. 5D23-85. L.T. Case No. 2014-CA-000826. May 19, 2023. Appeal from Circuit Court for Duval County, Gary L. Wilkinson, Judge. Counsel: Michael R. D’Lugo, of Wicker Smith O’Hara McCoy & Ford, P.A., Orlando, for Appellants/Cross-Appellees. Jessie L. Harrell, of The Harrell Firm, Jacksonville, for Appellee/Cross-Appellant.
48 Fla. L. Weekly D1026a (PER CURIAM.) While driving his car, Shaun Lutchman was negligently struck by a vehicle, causing him physical injuries and requiring disc replacement surgery. Lutchman sued the Appellants/Cross-Appellees (“the Defendants”) and a jury awarded him $375,000 ($275,000 for past medical expenses and $100,000 for non-economic damages). The trial court entered a […]
Torts — Automobile accident — Argument — New trial — Trial court erred by granting a new trial based cumulatively on allegedly improper statements made by defense counsel in presence of jury concerning plaintiff’s age and Medicare’s ability to cover plaintiff’s medical expenses — Questions regarding life expectancy and retirement were to be anticipated where plaintiff was sixty-five years old and was seeking only future economic and non-economic damages — Additionally, because many of the allegedly improper statements were either incomplete or interrupted before they could do any significant harm and trial court gave strong curative instructions to minimize their potential impact, the potential for prejudice was neutralized — With regard to two statements allegedly implying that plaintiff was concealing evidence, those statements cannot be said to have been so inflammatory and prejudicial as to warrant a new trial where no objection was raised against the first statement and the second statement was subject to strong curative instruction
48 Fla. L. Weekly D1037a JUSTIN A. LAZAROFF, Appellant, v. LARRY MEEK, Appellee. 5th District. Case No. 5D23-19. L.T. Case No. 2016-CA-003882. Opinion filed May 19, 2023. Appeal from Circuit Court for Duval County, Bruce R. Anderson, Jr., Judge. Counsel: Warren B. Kwavnick and David F. Cooney, of Cooney Trybus Kwavnick Peets, Fort Lauderdale, and […]
Insurance — Property — Hurricane damage — Post-loss obligations — Notice of loss — No error in granting summary judgment in favor of insurer where only document timely submitted by insureds concerning their subject claim for roof damage was an unsigned page of a letter of representation between insureds and their public adjuster — There was no feasible construction of statute or policy language under which document provided by insureds could be considered a “notice of claim” — Argument that policy requires insurer to prove that late notice had prejudiced insurer was not preserved for appellate review
48 Fla. L. Weekly D1040c WILLIAM GRAY and PAM GRAY, Appellants, v. FLORIDA PENINSULA INSURANCE COMPANY, Appellee. 6th District. Case No. 6D23-328. L.T. Case No. 20-CA-007198. May 19, 2023. Appeal from the Circuit Court for Lee County. Michael T. McHugh, Judge. Counsel: Paul B. Feltman, of Alvarez, Feltman, Da Silva & Costa, PL, Miami, and […]