48 Fla. L. Weekly D203a CLEVELAND CLINIC FLORIDA HEALTH SYSTEM NONPROFIT CORPORATION and CLEVELAND CLINIC FLORIDA, Appellants, v. ANDREA S. ORIOLO, as Personal Representative for the ESTATE OF SAVERIO SASSO, Appellee. 4th District. Case No. 4D22-1398. January 25, 2023. Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; […]
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Insurance — Subrogation — Civil procedure — Dismissal — Trial court erred in looking beyond four corners of complaint when determining to dismiss amended subrogation complaint with prejudice on grounds of res judicata, collateral estoppel, and law of the case
48 Fla. L. Weekly D200a UNITED SERVICES AUTOMOBILE ASSOCIATION a/s/o MELANIE MANZO-PIANELLI, Appellant, v. DALLAS AARON ROBINSON, ESQ., as Curator/Administrator Ad Litem of the ESTATE OF NEIL SEIDEN, Appellee. 4th District. Case No. 4D21-2518. January 25, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Keathan B. Frink, Judge; L.T. Case […]
Wrongful death — Damages — Noneconomic damages — Children — Dismissal — Appeals — Non-final orders — Trial court’s dismissal of personal representative’s claim for noneconomic damages for decedent’s adult children is a non-final, non-appealable order — Order does not constitute a partial final judgment disposing of an entire case as to a party because the cause of action of the only party, the personal representative on behalf of the estate, remains pending — Although a decedent’s survivors are real parties in interest to a wrongful death suit, they are not entitled to join the wrongful death action as parties — Because children’s claims are dependent upon and interrelated with estate’s pending claims for surviving spouse, order dismissing children’s damages claims remains an interlocutory order — Court declines to accept certiorari jurisdiction where there has been no showing that order results in irreparable harm
48 Fla. L. Weekly D190a GEORGE GOMEZ, SILVIA POHL, and JOY GOMEZ, Appellants, v. R.J. REYNOLDS TOBACCO CO., and PHILIP MORRIS USA INC., et al., Appellees. 3rd District. Case No. 3D21-622. L.T. Case No. 08-109. January 25, 2023. An Appeal from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Counsel: Hicks, Porter, […]
Torts — Premises liability — Slip and fall — Discovery — Relevance — Appeals — Certiorari — Order requiring defendant’s corporate representative to address areas of inquiry related to defendant’s corporate-wide operations is quashed — Allowing corporate-wide discovery amounted to carte blanche discovery that results in irreparable harm and departs from essential requirements of the law — Information is not discoverable based on its relevance to show negligent mode of operation because, under section 768.0755, negligent mode of operation is not a viable theory of recovery in slip-and-fall cases
48 Fla. L. Weekly D192a PUBLIX SUPER MARKETS, INC., Petitioner, v. ERNESTO BLANCO, Respondent. 3rd District. Case No. 3D22-0852. L.T. Case No. 20-27601. January 25, 2023. A Writ of Certiorari to the Circuit Court for Miami-Dade County, William Thomas, Judge. Counsel: Weiss Serota Helfman Cole & Bierman, P.L., and Edward G. Guedes, for petitioner. Morgan […]
Insurance — Homeowners — Windstorm loss — Notice of loss — Timeliness — Prejudice to insurer — No error in entering summary judgment in favor of insurer based on determination that insured failed to overcome presumption that insurer was prejudiced by his failure to timely report claim for hurricane damage — Insured failed to act with reasonable dispatch and within a reasonable time where insured waited two years and seven months to report claim of hurricane damage to his roof — Conclusory affidavits submitted by insured in opposition to summary judgment were insufficient to rebut presumption of prejudice where passage of time rendered insurer unable to determine what current damage was directly attributable to the storm — Court rejects argument that policy was ambiguous because it contained a clause imposing a blanket bar on any hurricane-related claim beyond three-year window and a second clause requiring insured to provide prompt notice of any claim — Clauses, when read together, require an insured to file any hurricane-related claim within three years of the storm, and to act swiftly upon discovering damages
48 Fla. L. Weekly D152b PEDRO NAVARRO, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 3rd District. Case No. 3D22-0032. L.T. Case No. 20-14830. January 18, 2023. An appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Counsel: Giasi Law, P.A., Melissa A. Giasi, and Erin M. Berger (Tampa), for appellant. Franklin Legal […]