48 Fla. L. Weekly D287a UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MANUEL V. FEIJOO, M.D., and MANUEL V. FEIJOO, M.D., P.A., a/a/o Ernesto Morera, Appellee. 3rd District. Case No. 3D22-396. L.T. Case No. 20-24681 SP. February 8, 2023. An Appeal from the County Court for Miami-Dade County, Linda Melendez, Judge. Counsel: Michael J. Neimand, for […]
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Torts — Negligence — Vicarious liability — Dangerous instrumentality doctrine — Exceptions — Joint adventurers — Action arising out of injuries sustained when rented Bobcat skid-steer loader dropped large object onto plaintiff’s foot, seeking to hold owner of Bobcat directly liable on ground that owner negligently failed to require that operators of its loader be properly trained and vicariously liable for alleged negligent operation of the loader under dangerous instrumentality doctrine — Trial court did not err in entering summary judgment in favor of owner on plaintiff’s direct negligence claim after concluding that owner’s alleged negligent conduct was not proximate cause of plaintiff’s injuries — However, it was error to enter summary judgment in favor of owner on vicarious liability claim based on finding that dangerous instrumentality doctrine did not apply because plaintiff was, as matter of law, co-defendant’s joint adventurer in the use of the Bobcat at time of accident — Disputed issues of fact existed as to whether codefendant/operator and plaintiff were jointly operating and controlling the movement of the loader at time of accident and whether plaintiff had equal right to control and direct the operation of the loader
48 Fla. L. Weekly D285a JAMES RANDOLPH HARRIS, Appellant, v. SUNBELT RENTALS, INC., etc., et al., Appellees. 3rd District. Case No. 3D21-2164. L.T. Case No. 18-792-P. February 8, 2023. An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Counsel: McLuskey, McDonald & Hughes, P.A., and John W. McLuskey, for appellant. Wallen […]
Torts — Automobile accident — Sanctions — Damages — Additur — New trial — No abuse of discretion in ordering new trial after defendant rejected additur — Trial court did not err in determining that sanctions were warranted where sufficient evidence supported the trial court’s determination that, in first trial and in hearing on the motion for sanctions, defense counsel made intentionally misleading and deceptive statements regarding his prior professional relationship and experiences with one of the physician witnesses, and had utilized improper discovery procedures in an effort to obtain plaintiff’s medical records — Trial court abused its discretion in sanctioning defendant by striking defendant’s pleadings where there was no evidence that defendant participated in defense counsel’s actions, or that plaintiff was prejudiced by defense counsel’s use of improper discovery procedures — Additionally, record does not reflect that defense counsel’s misconduct was sole cause of necessity to grant earlier mistrial — Trial court should have imposed sanctions directly upon counsel
48 Fla. L. Weekly D258b RANDY RHOADES, III, Appellant, v. LILMISSETTE RODRIGUEZ, Appellee. 5th District. Case No. 5D21-2295. L.T. Case No. 2014-CA-25416. Opinion filed February 3, 2023. Appeal from the Circuit Court for Brevard County, Curt Jacobus, Judge. Counsel: Derek J. Angell, of Roper, P.A., Orlando, for Appellant. Maegen Peek Luka, of Newsome Melton, P.A., […]
Attorney’s fees — Amount — Hours reasonably expended — Legally sufficient evidence — Sworn testimony from attorney performing work is not required to satisfy first step in lodestar analysis, which requires court to determine number of hours reasonably expended on the litigation — Because invoices in evidence were sufficient, trial court erred in denying motion for attorney’s fees and costs on ground that testimony from attorneys concerning legal services performed was not presented — Conflict certified
48 Fla. L. Weekly D261c CED CAPITAL HOLDINGS 2000 EB, LLC, Appellant, v. CTCW-BERKSHIRE CLUB, LLC Appellee. 6th District. Case No. 6D23-1136. L.T. Case No. 2018-CA-013886-O. February 3, 2023. Appeal from the Circuit Court for Orange County. John E. Jordan, Judge. Counsel: Tucker H. Byrd and Scottie N. McPherson, of Byrd Campbell, P.A., Winter Park, […]
Attorney’s fees — Experts — Amount — Excessiveness — Reduction — No error in awarding fees for counsel’s preparation and examination of expert witness who testified at evidentiary hearing about whether hospitality services provided by defendant pursuant to the obligations imposed by an arbitral award met the required standard of amenity — Amount of fees awarded for preparation of order that resulted from evidentiary hearing were not excessive — Trial court did not abuse its discretion by reducing billable hours by a flat twenty-five percent where trial court made sufficient findings supporting reduction
48 Fla. L. Weekly D228b BATH CLUB ENTERTAINMENT, LLC, Appellant, v. THE RESIDENCES AT THE BATH CLUB MAINTENANCE ASSOCIATION, INC., et al., Appellees. 3rd District. Case No. 3D21-2297. L.T. Case No. 13-36250. February 1, 2023. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Armstrong Teasdale LLP, and Glen H. […]