47 Fla. L. Weekly D2642a NATALIE SAUNDERS-PINNOCK, Appellant, v. COLONIAL FREIGHT SYSTEMS, INC., Appellee. 3rd District. Case No. 3D21-1822. L.T. Case No. 15-30283. December 14, 2022. An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge. Counsel: Law Offices of Anidjar & Levine, P.A., and Glen B. Levine (Fort Lauderdale), for appellant. Traub […]
Articles
Insurance — Homeowners — Assignment of benefits — Validity — Standing to challenge — No error in dismissing assignee’s action against insurer based on finding that assignment of benefits did not comply with statutory requirements because it failed to contain a written, itemized, per-unit cost estimate of the services assignee was to perform — General price list attached to the AOB which listed the types of services assignee offered did not satisfy provisions of the statute — Court rejects argument that insurer may not challenge the validity of the assignment because it was not a party to the contract — Insurer may challenge assignment based upon the statute expressly declaring an assignment not in compliance with its terms to be invalid
47 Fla. L. Weekly D2592c AIR QUALITY EXPERTS CORPORATION, (a/a/o Brian and Tricia Gerard), Appellant, v. FAMILY SECURITY INSURANCE COMPANY, Appellee. 4th District. Case No. 4D21-2516. December 7, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Parnofiello, Judge; L.T. Case No. 50-2020-SC-020899-XXXX-MB. Counsel: Yasmin Gilinsky, Christopher Tuccitto […]
Civil procedure — Dismissal with prejudice — Trial court erred in dismissing with prejudice an action for declaratory and injunctive relief after concluding that statute of limitations had run and could not be remedied by amendment — Plaintiff was entitled to amend pleading once as matter of course at any time before responsive pleading was served — Motion to dismiss does not qualify as a “responsive pleading”
47 Fla. L. Weekly D2478a JOSEPH McCLASH, Appellant, v. RANDY P. URSCHEL AND SUSAN A. URSCHEL, Appellees. 2nd District. Case No. 2D21-2147. November 30, 2022. Appeal from the Circuit Court for Manatee County; Charles Sniffen, Judge. Counsel: Joseph McClash, pro se. Brandon S. Vesely of The Florida Appellate Firm, P.A., St. Petersburg, for Appellees. (KELLY, […]
Insurance — Personal injury protection — Medical expenses — Reimbursement — Laser therapy — No error in entering order requiring insurer to reimburse provider for low-level laser therapy where reimbursement was initally denied because the CPT code billed by provider was not specifically recognized by Medicare Part B or workers’ compensation fee schedules — The nature of the service, not the billed CPT code, controls — Subject therapy was a covered service which insurer was required to reimburse where provider provided evidence that treatment with unlisted modalities was a covered service under the fee schedules, and that laser therapy was such an unlisted modality
47 Fla. L. Weekly D2490a UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. CHIRONEX ENTERPRISES, INC., a/a/o EMILY ECHEGARAY, Appellee. 4th District. Case No. 4D21-2307. November 30, 2022. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; John Hurley, Judge; L.T. Case No. CONO20-015892. Counsel: Sean M. Sweeney, Miami, for appellant. Chad A. Barr […]
Torts — Premises liability — Slip and fall — Evidence — Impeachment — Impeachment of plaintiff with unsworn pre-trial discovery responses concerning plaintiff’s financial records
47 Fla. L. Weekly D2515a DANIEL KELLENBERGER, Appellant, v. WAL-MART STORES EAST, LP, a Foreign Limited Partnership, Appellee. 1st District. Case No. 1D21-2368. November 30, 2022. On appeal from the Circuit Court for Baker County. Gloria R. Walker, Judge. Counsel: E. Aaron Sprague, Chelsea R. Harris, Dana A. Jacobs, and Fraz Ahmed of Coker Law, […]