47 Fla. L. Weekly D1585a NEW HORIZONS CONDOMINIUM MASTER ASSOCIATION, INC., Appellant, v. ROBERT HARDING AND FIFTH HORIZONS CONDOMINIUM, INC., Appellees. 3rd District. Case No. 3D21-810. L.T. Case No. 16-27442. July 27, 2022. An Appeal from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge. Counsel: Scott J. Edwards, P.A., and Scott J. Edwards […]
Articles
Insurance — Property — Insured’s action against insurer — Error to enter summary judgment in favor of insurer where there were factual issues as to insured’s compliance with post-loss obligations and any ensuing prejudice — Remand for further proceedings
47 Fla. L. Weekly D1647a ELIZABETH NESBITT, Appellant, v. SAFEPOINT INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D21-1126. L.T. Case No. 15-30190. August 3, 2022. An appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Counsel: Giasi Law, P.A., and Melissa A. Giasi, and Erin M. Berger (Tampa), for appellant. Bickford & […]
Insurance — Homeowners — Assignee’s breach of contract action against insurer — Attorney’s fees — Prevailing party — Insurer was not entitled to summary judgment in its favor after paying post-lawsuit appraisal award within time limit required by the policy where appraisal process confirmed that insurer had wrongly denied paying assignee a specified amount of benefits under the policy — Payment of postsuit appraisal award did not render case moot — Remand for further proceedings on assignee’s claim for attorney’s fees and costs
47 Fla. L. Weekly D1623a SYNERGY CONTRACTING GROUP, INC. a/a/o TERRY and PATRICIA CLARK, Appellant, v. FEDNAT INSURANCE COMPANY f/k/a FEDERATED NATIONAL INSURANCE COMPANY, Appellee. 2nd District. Case No. 2D21-149. August 3, 2022. Appeal from the County Court for Pinellas County; John Carassas, Judge. Counsel: Andrew Graf, Celebration, for Appellant. Lara E. Breslow and David […]
Civil procedure — Summary judgment — Failure to state on the record the reasons for granting motion for summary judgment, as required by amended rule — Remand to allow court an opportunity to state reasons for its decision “with enough specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review”
47 Fla. L. Weekly D1628a RKHUB LOGISTICS LLC, HUBBELL ENTERPRISES INC., and ROBERT KEITH HUBBELL, Appellants, v. EASTERN AUTO MOTOR CORP., Appellee. 4th District. Case No. 4D21-2665. August 3, 2022. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE19-023051. Counsel: Riley W. Cirulnick of […]
Insurance — Personal injury protection — Presuit demand letter — Presuit demand letter did not comply with statute where amount claimed to be due was not sufficiently precise — Although letter asked insurer to advise plaintiff if demand letter was defective in any way, nothing in language of section 627.736 requires an insurer to give notice to the insured or an assignee that a demand letter is defective
47 Fla. L. Weekly D1588b CHRIS THOMPSON, P.A. a/a/o ELMUDE CADAU, Appellant, v. GEICO INDEMNITY COMPANY, Appellee. 4th District. Case Nos. 4D21-1820 and 4D21-2310. July 27, 2022. Consolidated appeals from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Sandra Bosso-Pardo, Judge; L.T. Case No. 502018SC011039XXXXMB. Counsel: Douglas H. Stein of Douglas H. […]