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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Appeals — Non-final orders — Summary judgment — Appellate court lacks jurisdiction over summary judgment entered in favor of appellees on one of appellant’s declaratory judgment claims — Court rejects appellant’s argument that order can be reviewed as a partial final judgment because, although summary judgment disposed of one of nine pending claims, it resolved all issues concerning appellees — Summary judgment did not totally dispose of appellees as parties because three pending counterclaims involving appellees still existed when summary judgment was entered — Notices of voluntary dismissal of counterclaims without prejudice did not vest appellate court with jurisdiction because notices did not constitute orders and trial court had not rendered any additional orders beyond the summary judgment order being appealed

48 Fla. L. Weekly D1041c LOUIS P. SHASSIAN, Appellant, v. RIVERWALK PARK, LLC, ALAN H. GINSBURG, WAYNE STEIDLE, and MARK D. LASS, Appellees. 6th District. Case No. 6D23-1186. L.T. Case No. 2017-CA-001493-O. May 19, 2023. Appeal from the Circuit Court for Orange County. Patricia L. Strowbridge, Judge. Counsel: John H. Pelzer, of Greenspoon Marder, LLP, […]

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Insurance — Coverage — Discovery — Trial court departed from essential requirements of law by entering order instructing discovery to proceed, granting motion to compel, and denying insurer’s motion for stay where there was no coverage action pending in trial court, but coverage action was pending in federal district court

48 Fla. L. Weekly D956a MT. HAWLEY INSURANCE COMPANY, Petitioner, v. MICHAEL A. RUSSO and LOKNATH FOOD AND FUEL, LLC, Respondents. 2nd District. Case No. 2D22-2471. May 10, 2023. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Rex M. Barbas, Judge. Counsel: Michele A. Vargas and Sina Bahadoran, of Clyde & […]

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Torts — Negligence — Vicarious liability for acts of independent subcontractor — Defendant who entered into contract to provide floor cleaning and janitorial services to supermarket and then subcontracted that work to an independent contractor under an agreement that included provision that defendant would in no event be liable for any damages caused by independent contractor, did not owe third party a nondelegable duty to ensure that independent contractor’s work was performed in non-negligent fashion — Mere existence of contract does not create vicarious liability as to third persons for negligent acts of independent contractor — Trial court properly granted summary judgment in favor of defendant on claim by injured supermarket employee that defendant breached its duty to warn supermarket employees and invitees of unreasonably slippery floors

48 Fla. L. Weekly D977a JODI GARCIA, Appellant, v. SOUTHERN CLEANING SERVICE, INC., Appellee. 1st District. Case No. 1D22-164. May 10, 2023. On appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Counsel: William D. Hall, Tallahassee, for Appellant. Diane M. Longoria and J. Andrew Talbert of Quintairos, Prieto, Wood & Boyer, P.A., […]

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Appeals — Non-final orders — Appeal from order denying motion for entry of amended final judgment dismissed for lack of jurisdiction because no final judgment was entered — Orders purporting to be “final judgments” failed to address interrelated tort claims asserted by plaintiff — Although record indicated that parties had settled tort claims, neither terms of settlement nor anything disposing of those claims followed — Rule 1.420, which provides path for disposition of claims by way of stipulation, without need for court order, does not apply were parties did not file stipulation of dismissal in instant case

48 Fla. L. Weekly D944a NED C. BOWERS, Appellant, v. ORANGE COUNTY, Appellee. 6th District. Case No. 6D23-1179. L.T. Case No. 2013-CA-4568-O. May 5, 2023. Appeal from the Circuit Court for Orange County. Kevin B. Weiss, Judge. Counsel: Michael M. Brownlee, of The Brownlee Law Firm, P.A., Orlando, and Lindsey Lawton, of the Brownlee Law […]

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Insurance — Residential or commercial property — Insured’s action against insurer — Conditions precedent — Notice of intent to initiate litigation — Presuit notice requirement of section 627.70152 is procedural in nature and applies retroactively to policies in effect at time statute was enacted — Trial court did not err in dismissing complaint for failure to comply with presuit notice requirements — Argument that subsection (8) of statute changed manner in which attorney’s fees are awarded and therefore impairs substantive rights is not relevant to appellate court’s determination — Moreover, even if attorney’s fees were at issue, simply because attorney’s fees provision is substantive and not able to be applied retroactively does not mean that presuit notice provision in separate subsection cannot be applied retroactively

48 Fla. L. Weekly D916a HERMAN COLE, Appellant, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D22-1054. May 3, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John Bowman, Judge; L.T. Case No. CACE 21-015167. Counsel: Margaret E. Garner and Chad Weatherstone of Katranis, Wald & […]

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