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 & […]
Articles
Insurance — Property — Coverage — Named windstorms — Hurricane damage — Insured sued property insurer for breach of contract and sought a declaration that a pair of insurance policies covered losses resulting from “named windstorms,” Hurricane Matthew and Hurricane Irma — Both policies cover named windstorms — Whatever the extrinsic evidence may suggest about contracting parties’ subjective intentions and expectations, plain language of Irma policy unambiguously covers losses caused by named windstorms — Whatever the evidence of the parties’ subjective intentions and expectations, the Matthew policy, although potentially ambiguous, covers losses caused by named windstorms pursuant to the contra proferentem canon, according to which ambiguous insurance contracts are construed in favor of coverage and against insurer
29 Fla. L. Weekly Fed. C2360a SHILOH CHRISTIAN CENTER, Plaintiff-Appellant, v. ASPEN SPECIALTY INSURANCE COMPANY, Defendant-Appellee. 11th Circuit. Case No. 22-11776. April 13, 2023. Appeal from the U.S. District Court for the Middle District of Florida (No. 6:20-cv-01774-CEM-LHP). (Before JILL PRYOR, NEWSOM, and GRANT, Circuit Judges.) (NEWSOM, Circuit Judge.) This is an insurance case. Fear […]
Appeals — Timeliness — Tolling — Rehearing — Appeal filed more than thirty days after rendition of order dismissed as untimely — Successive motions for rehearing were unauthorized and failed to further toll rendition — Appellate court lacks jurisdiction to review orders denying motion for rehearing
48 Fla. L. Weekly D723a CRYSTAL COLVIN a/k/a CRYSTAL COLLINS, Appellant, v. RUDOLFO LONGORIA and DIANA LONGORIA; and UNKNOWN TENANT #1, Appellees. 2nd District. Case No. 2D22-3430. April 12, 2023. Appeal pursuant to Fla. R. App. P. 9.130 from the County Court for Hillsborough County; J. Logan Murphy, Judge. Counsel: N. Burton Williams, Apollo Beach, […]
Torts — Municipal corporations — Negligence — High-speed pursuit — Sovereign immunity — Negligence action against city seeking damages sustained as result of high-speed chase conducted by city’s police department — No error in denying city’s motion for summary judgment asserting sovereign immunity — City owed plaintiffs a duty of care because it was clearly foreseeable that the police pursuit created a zone of risk for other drivers and residents in the area — While police department’s act of creating a policy for high-speed pursuits amounted to a discretionary action, the officers’ decision to drive ninety-three miles per hour down a street that officer knew would dead end into a residential neighborhood to pursue an offender because that offender may have committed a window tint violation amounted to an operational function — All three requirements of section 768.28(9)(d) must be met in order for an employing agency to assert sovereign immunity from liability for injury caused by a person fleeing from law enforcement in a motor vehicle — City did not satisfy the statutory criteria for avoidance of liability set forth in section 768.28(9)(d) where city failed to challenge trial court’s finding that officers lacked a reasonable belief that offender had committed a forcible felony
48 Fla. L. Weekly D721a THE CITY OF NEW PORT RICHEY, Appellant, v. KOZETA LAMKO and BESSIE TSOULEAS, Appellees. 2nd District. Case No. 2D22-2361. April 12, 2023. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Pasco County; Declan P. Mansfield, Judge. Counsel: Sean M. Conahan of Shelton | McKean, St. […]
Wrongful death — Nursing homes — Breach of fiduciary duty — Aiding and abetting — Jurisdiction — Foreign corporations — Minimum contacts — Business venture — Tortious act — Action brought against foreign parent company of resident operator of Florida nursing home — Trial court did not err in determining that defendant had sufficient minimum contacts for court to exercise personal jurisdiction — Jurisdiction over defendant was not established for the conduct of a business or business venture under section 48.193(1)(a)1 where contents of consent order entered into by the Office of Insurance Regulation, defendant, and defendant’s subsidiary regarding subsidiary’s purchase of a continuing care retirement community facility and the federal tax forms submitted by plaintiff did not provide sufficient information to controvert defendant’s jurisdictional affidavit — Furthermore, while nursing home’s application for Medicare and Medicaid benefits acknowledges defendant’s ownership interest in the nursing home, it does not counter salient facts alleged in defendant’s affidavit regarding specific jurisdiction — Defendant’s affidavit did not sufficiently refute allegation that defendant committed a tortious act in Florida by aiding and abetting its subsidiary’s breach of fiduciary duty to the deceased through the diversion of facility revenues which were necessary to provide care and services to the residents — Based on alleged commission of a tort, defendant had sufficient minimum contacts to justify personal jurisdiction — Defendant failed to present compelling case that the presence of some other considerations would render jurisdiction unreasonable
48 Fla. L. Weekly D675a CONCORDIA LUTHERAN MINISTRIES, Appellant, v. LARA DANIELLE WILLS, as personal representative of the Estate of Linda Schumer, deceased; CONCORDIA OF FLORIDA, INC.; LISA JEAN BROOKS; and MICHELE S. CAPURSO (as to Concordia Village of Tampa), Appellees. 2nd District. Case No. 2D22-2641. April 5, 2023. Appeal pursuant to Fla. R. App. […]