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 […]
Articles
Insurance — Personal injury protection — Dismissal — Matters outside four corners of complaint — Trial court erred in dismissing assignee’s action against insurer based on unverified consent final judgment against the insured which declared the subject policy void ab initio due to insured’s misrepresentations on insurance application — Trial court was confined to allegations asserted in complaint
48 Fla. L. Weekly D147a AJ THERAPY CENTER, INC., Appellant, v. IMPERIAL FIRE & CASUALTY INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D21-3264. January 13, 2023. Appeal from the County Court for Hillsborough County; Jessica G. Costello, Judge. Counsel: Chad A. Barr of Chad Barr Law, Altamonte Springs, for Appellant. William J. McFarlane, III, and […]
Torts — Self-incrimination — Stay of proceedings — Appeals — Certiorari — Civil action brought against two police officers in their individual capacities while criminal proceedings against plaintiff were ongoing — Trial court departed from essential requirements of the law by granting plaintiff’s motion for indefinite stay pending resolution of criminal proceedings against plaintiff based on plaintiff’s invocation of her privilege against self-incrimination — Delay in determining defendants’ claim for qualified immunity constitutes irreparable harm, irremediable on appeal — Plaintiff failed to justify stay where plaintiff proffered no case where a stay was granted in favor of a plaintiff asserting her Fifth Amendment privilege, and no special circumstances exist — Plaintiff remains free to assert her privilege against self-incrimination where appropriate — To extent asserting privilege amounts to an adverse inference as to material allegations or claims plaintiff brings, that is the choice she made in filing a civil action
48 Fla. L. Weekly D133a IVETTE PEREZ, et al., Petitioners, v. MARGLLI GALLEGO, et al., Respondents. 3rd District. Case No. 3D22-0267. L.T. Case No. 20-23064. January 11, 2023. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Counsel: Geraldine Bonzon-Keenan, Miami-Dade County Attorney and Rachel C.G. Walters and […]
Torts — Jurisdiction — Non-residents — Foreign corporations — Causing personal injury — Tortious acts — Business venture — Action seeking reimbursement of claims paid by Medicare to treat injuries resulting from implantation of medical devices brought against foreign corporation which manufactured and sold the medical devices — No error in granting defendant corporation’s motion to dismiss based on lack of personal jurisdiction — Trial court did not have personal jurisdiction over defendant based on defendant causing personal injuries in state — Cause of action does not substantively connect to the personal injury where basis of cause of action is reimbursement for Medicare — Additionally, torts provision of long-arm statute did not provide personal jurisdiction over defendant where defendant did not commit any torts against Medicare individually, and plaintiff admitted that it was not seeking recovery for personal injury claims on behalf of enrollees — With regard to business venture provision of long-arm statute, plaintiff failed to provide facts to demonstrate personal jurisdiction — Furthermore, plaintiff failed to even mention business venture provision in its opposition to defendant’s motion to dismiss
48 Fla. L. Weekly D135a MSP RECOVERY CLAIMS, SERIES LLC, et al., Appellants, v. COLOPLAST CORP., et al., Appellees. 3rd District. Case No. 3D22-191. L.T. Case No. 18-30920. January 11, 2023. An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge. Counsel: MSP Recovery Law Firm, Robert Strongarone, Aida M. Landa, and Janpaul […]
Attorney’s fees — Insurance — Homeowners — Trial court erred in awarding attorney’s fees incurred by insured in its action against insurer — Because there was no prior dispute as to amount owed, lawsuit was not a necessary catalyst to recovery — Further, dispute between parties did not showcase “a breakdown in the claims-adjusting process” because insurer was never informed of potential dispute until suit was filed — Fact that insurer did not seek to compel appraisal until after suit was filed not basis for awarding attorney’s fees to insured where first indication of disagreement was insured’s complaint — Partial denial of claim did not entitle insured to file suit immediately
48 Fla. L. Weekly D120b PEOPLE’S TRUST INSURANCE COMPANY, Appellant, v. ERROL A. POLANCO, Appellee. 4th District. Case No. 4D22-559. January 11, 2023. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE20-9475. Counsel: Mark T. Tinker of Cole, Scott & Kissane, P.A., Tampa, and […]