47 Fla. L. Weekly D1838a HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. PATRICK FRASER and ALICE JACOBS, Appellees. 3rd District. Case No. 3D21-0866. L.T. Case No. 18-8930. September 7, 2022. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Cole, Scott & Kissane, P.A., and Mark D. Tinker (Tampa), […]
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Torts — Legal malpractice — Limitation of actions — Accrual of cause of action — Trial court properly entered final judgment of dismissal in favor of defendants in action alleging defendants failed to properly counsel clients with respect to various agreements/transactions and failed to properly draft those agreements in manner consistent with clients’ best interests where action was filed more than two years after plaintiffs suffered economic loss due to defendants’ alleged negligence — Trial court did not err by applying “first-injury rule,” rather than “finality accrual rule,” to plaintiffs’ transactional legal malpractice claims, despite pendency of a related third party’s bankruptcy case — Fact that plaintiffs might obtain some or all of their losses via third party litigation does not alter analysis of when malpractice claim accrued
47 Fla. L. Weekly D1836a IGOR MIKHAYLOV, et al., Appellants, v. BILZIN SUMBERG BAENA PRICE & AXELROD LLP, Appellee. 3rd District. Case No. 3D20-1627. L.T. Case No. 20-2762. September 7, 2022. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Counsel: Ratzan Weissman & Boldt, and Kimberly L. Boldt and Ryan […]
Florida Evidence Code — Amendment — Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools — Adoption of section 90.2035, Florida Statutes, to extent it is procedural, retroactive to date amendment became law
47 Fla. L. Weekly S238a IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE. Supreme Court of Florida. Case No. SC22-1040. September 8, 2022. Original Proceeding — Florida Bar Code and Rules of Evidence Committee. Counsel: Eric A. Hernandez, Chair, Code and Rules of Evidence Committee, Miami, Joshua E. Doyle, Executive Director, The Florida Bar, and […]
Insurance — Homeowners — Water damage — Assignee’s action against insurer — Enforcement — Conditions precedent — Trial court erred in granting motion to dismiss second amended complaint filed by secondary assignee on ground that assignment from insured to initial assignee was not provided to insurer within three business days after date on which assignment was executed or date on which work began — Complaint adequately pleaded compliance with all conditions precedent, and attachments to pleading did not negate assignee’s cause of action — Further, nothing on face of second amended complaint shows that insurer was prejudiced by any failure to comply with notice requirements of statute — Showing of prejudice is required by section 627.7152(3)
47 Fla. L. Weekly D1802a NATIONAL CLAIMS FUNDING COMPANY, LLC, a/a/o STELLA RESTORATION, LLC, a/a/o MINOUDE JEAN LOUIS, Appellant, v. SECURITY FIRST INSURANCE COMPANY, a Florida corporation, Appellee. 4th District. Case No. 4D21-2331. August 31, 2022. Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Frank Castor, Judge; L.T. Case No. […]
Insurance — Homeowners — Coverage — Summary judgment — Order granting summary judgment in favor of insurer is reversed where order failed to state trial court’s reasons for granting the motion on the record as required by rule 1.510
47 Fla. L. Weekly D1819a JOSE R. DE CARDENAS, et al., Appellants, v. WHITE PINE INSURANCE COMPANY, etc., Appellee. 3rd District. Case No. 3D21-1251. L.T. Case No. 19-6671. August 31, 2022. An Appeal from the Circuit Court for Miami-Dade County, Carlos Guzman, Judge. Counsel: Viera Yague, PLLC, and Fred Viera and Isabel Yague, for appellants. […]