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 […]
Articles
Civil procedure — Amended summary judgment rule does not provide that summary judgment may be granted based solely on nonmovant’s failure to respond — If party fails to properly support an assertion of fact or to properly address another party’s assertion of fact as required by rule 1.510(c), court may, among other things, consider that fact undisputed for purposes of the motion or may grant summary judgment if the motion and supporting materials, including the facts considered to be undisputed, show that movant is entitled to it — Rule also requires trial court to state on the record the reasons for granting or denying motion — Trial court’s stated reason that it had “no alternative but to find that” facts were undisputed because of plaintiff’s failure to respond did not support a conclusion that defendant was entitled to summary judgment as a matter of law — To extent trial court believed it lacked discretion to engage in any analysis because of nonmovant’s failure to respond, this was error — Remand for further proceedings
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. […]
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 […]