47 Fla. L. Weekly D1394b CHARLES HERRINGTON, Appellant, v. CERTAIN UNDERWRITERS AT LLOYD’S LONDON, Appellee. 4th District. Case No. 4D21-1669. June 29, 2022. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE19-021771. Counsel: Ronald P. Weil of the Weil Law Firm, P.A., Miami, for […]
Articles
Torts — Jurors — For-cause challenge — Denial — New trial — Appellant not entitled to new trial because he had to use peremptory challenge to remove a potential juror that should have been removed for cause — Conflict certified
47 Fla. L. Weekly D1416b JAMES SEADLER, Appellant, v. MARINA BAY RESORT CONDOMINIUM ASSOCIATION, INC., d/b/a MARINA BAY RESORT, Appellee. 1st District. Case No. 1D19-0850. June 29, 2022. On appeal from the Circuit Court for Okaloosa County. William F. Stone, Judge. Counsel: Charles F. Beall, Jr., and Haley J. VanFleteren of Moore, Hill & Westmoreland, […]
Insurance — Homeowners — Coverage — Summary judgment — Pending discovery — Entry of summary judgment in favor of insurer was premature where deposition of key witness was pending — Although no formal motion for continuance was filed, insured’s counsel’s response to the summary judgment motion and phone call to opposing counsel asking to reset the hearing while the deposition of a key witness had already been noticed during the COVID-19 pandemic was sufficient to find that entry of summary judgment was premature before the deposition was conducted — Trial court cannot simply ignore a pending deposition of a witness whose testimony would most likely raise a genuine issue of material fact
47 Fla. L. Weekly D1352a DOMINGO SACRAMENTO, et al., Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 3rd District. Case No. 3D20-1790. L.T. Case No. 19-7013. June 22, 2022. An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge. Counsel: David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); and Corredor & Husseini, […]
Torts — Dog bite — Action against pet grooming facility and its operator arising out of incident in which plaintiff’s dog was attacked and injured by another dog while at defendants’ facility, alleging defendants breached duty of care owed to plaintiff, as business invitee, to operate pet grooming service in manner that avoided injury to person and property — Trial court erred in entering summary judgment in favor of defendants based on statutes holding dog owner strictly liable for damages caused by dog attack — Statutes were inapplicable to business invitee’s common law negligence action against business and business owner for damages sustained at the business premises
47 Fla. L. Weekly D1355b STEVEN RAMOS, Appellant, v. PATRICIA BASTOS and RIOS PET SPA & BOARDING, INC., Appellees. 3rd District. Case No. 3D21-1276. L.T. Case No. 18-13493 CC. June 22, 2022. An Appeal from the County Court for Miami-Dade County, Linda Melendez, Judge. Counsel: Gordon C. Watt, P.A., and Gordon C. Watt; Andrew M. […]
Wrongful death — Legal malpractice — Suicide — Dismissal — Action alleging that legal malpractice of decedent’s former attorney was proximate cause of decedent’s suicide — No error in dismissing complaint for failure to state a cause of action because counsel did not have a legal duty to prevent decedent’s suicide — While the district courts have found that medical professionals may in some circumstances have a duty to intervene if they become aware of a potentially suicidal patient, no state court has extended a similar duty to attorneys, and court declines to do so here
47 Fla. L. Weekly D1351b ANDREW ANDREASEN, etc., Appellant, v. KLEIN, GLASSER, PARK & LOWE, P.L., etc., et al., Appellees. 3rd District. Case No. 3D20-1498. L.T. Case No. 19-25191. June 22, 2022. An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge. Counsel: Thomas J. Gruseck (West Palm Beach), for appellant. Keller Landsberg, […]